[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S5137-S5138]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2914. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction,

[[Page S5138]]

and for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title X, insert the following:

                   Subtitle I--Antisemitism Awareness

     SEC. 1096. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.), prohibits discrimination on the basis of 
     race, color, and national origin in programs and activities 
     receiving Federal financial assistance;
       (2) while such title does not cover discrimination based 
     solely on religion, individuals who face discrimination based 
     on actual or perceived shared ancestry or ethnic 
     characteristics do not lose protection under such title for 
     also being members of a group that share a common religion;
       (3) discrimination against Jews may give rise to a 
     violation of such title when the discrimination is based on 
     race, color, or national origin, which can include 
     discrimination based on actual or perceived shared ancestry 
     or ethnic characteristics;
       (4) it is the policy of the United States to enforce such 
     title against prohibited forms of discrimination rooted in 
     antisemitism as vigorously as against all other forms of 
     discrimination prohibited by such title; and
       (5) as noted in the U.S. National Strategy to Counter 
     Antisemitism issued by the White House on May 25, 2023, it is 
     critical to--
       (A) increase awareness and understanding of antisemitism, 
     including its threat to America;
       (B) improve safety and security for Jewish communities;
       (C) reverse the normalization of antisemitism and counter 
     antisemitic discrimination; and
       (D) expand communication and collaboration between 
     communities.

     SEC. 1096A. FINDINGS.

       Congress finds the following:
       (1) Antisemitism is on the rise in the United States and is 
     impacting Jewish students in K-12 schools, colleges, and 
     universities.
       (2) The International Holocaust Remembrance Alliance 
     (referred to in this subtitle as the ``IHRA'') Working 
     Definition of Antisemitism is a vital tool which helps 
     individuals understand and identify the various 
     manifestations of antisemitism.
       (3) On December 11, 2019, Executive Order 13899 extended 
     protections against discrimination under the Civil Rights Act 
     of 1964 to individuals subjected to antisemitism on college 
     and university campuses and tasked Federal agencies to 
     consider the IHRA Working Definition of Antisemitism when 
     enforcing title VI of such Act.
       (4) Since 2018, the Department of Education has used the 
     IHRA Working Definition of Antisemitism when investigating 
     violations of that title VI.
       (5) The White House released the first-ever United States 
     National Strategy to Counter Antisemitism on May 25, 2023, 
     making clear that the fight against this hate is a national, 
     bipartisan priority that must be successfully conducted 
     through a whole-of-government-and-society approach.

     SEC. 1096B. DEFINITIONS.

       For purposes of this subtitle, the term ``definition of 
     antisemitism''--
       (1) means the definition of antisemitism adopted on May 26, 
     2016, by the IHRA, of which the United States is a member, 
     which definition has been adopted by the Department of State; 
     and
       (2) includes the ``[c]ontemporary examples of 
     antisemitism'' identified in the IHRA definition.

     SEC. 1096C. RULE OF CONSTRUCTION FOR TITLE VI OF THE CIVIL 
                   RIGHTS ACT OF 1964.

       In reviewing, investigating, or deciding whether there has 
     been a violation of title VI of the Civil Rights Act of 1964 
     (42 U.S.C. 2000d et seq.) on the basis of race, color, or 
     national origin, based on an individual's actual or perceived 
     shared Jewish ancestry or Jewish ethnic characteristics, the 
     Department of Education shall take into consideration the 
     definition of antisemitism as part of the Department's 
     assessment of whether the practice was motivated by 
     antisemitic intent.

     SEC. 1096D. OTHER RULES OF CONSTRUCTION.

       (a) General Rule of Construction.--Nothing in this subtitle 
     shall be construed--
       (1) to expand the authority of the Secretary of Education;
       (2) to alter the standards pursuant to which the Department 
     of Education makes a determination that harassing conduct 
     amounts to actionable discrimination; or
       (3) to diminish or infringe upon the rights protected under 
     any other provision of law that is in effect as of the date 
     of enactment of this Act.
       (b) Constitutional Protections.--Nothing in this subtitle 
     shall be construed to diminish or infringe upon any right 
     protected under the First Amendment to the Constitution of 
     the United States.
                                 ______