[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Presidential Documents]
[Pages 68779-68780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27217]



[[Page 68777]]

Vol. 84

Monday,

No. 241

December 16, 2019

Part IV





The President





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Executive Order 13899--Combating Anti-Semitism
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  Federal Register / Vol. 84 , No. 241 / Monday, December 16, 2019 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 68779]]

                Executive Order 13899 of December 11, 2019

                
Combating Anti-Semitism

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. My Administration is committed to 
                combating the rise of anti-Semitism and anti-Semitic 
                incidents in the United States and around the world. 
                Anti-Semitic incidents have increased since 2013, and 
                students, in particular, continue to face anti-Semitic 
                harassment in schools and on university and college 
                campuses.

                Title VI of the Civil Rights Act of 1964 (Title VI), 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. 
                While Title VI does not cover discrimination based on 
                religion, individuals who face discrimination on the 
                basis of race, color, or national origin do not lose 
                protection under Title VI for also being a member of a 
                group that shares common religious practices. 
                Discrimination against Jews may give rise to a Title VI 
                violation when the discrimination is based on an 
                individual's race, color, or national origin.

                It shall be the policy of the executive branch to 
                enforce Title VI against prohibited forms of 
                discrimination rooted in anti-Semitism as vigorously as 
                against all other forms of discrimination prohibited by 
                Title VI.

                Sec. 2. Ensuring Robust Enforcement of Title VI. (a) In 
                enforcing Title VI, and identifying evidence of 
                discrimination based on race, color, or national 
                origin, all executive departments and agencies 
                (agencies) charged with enforcing Title VI shall 
                consider the following:

(i) the non-legally binding working definition of anti-Semitism adopted on 
May 26, 2016, by the International Holocaust Remembrance Alliance (IHRA), 
which states, ``Antisemitism is a certain perception of Jews, which may be 
expressed as hatred toward Jews. Rhetorical and physical manifestations of 
antisemitism are directed toward Jewish or non-Jewish individuals and/or 
their property, toward Jewish community institutions and religious 
facilities''; and

(ii) the ``Contemporary Examples of Anti-Semitism'' identified by the IHRA, 
to the extent that any examples might be useful as evidence of 
discriminatory intent.

                    (b) In considering the materials described in 
                subsections (a)(i) and (a)(ii) of this section, 
                agencies shall not diminish or infringe upon any right 
                protected under Federal law or under the First 
                Amendment. As with all other Title VI complaints, the 
                inquiry into whether a particular act constitutes 
                discrimination prohibited by Title VI will require a 
                detailed analysis of the allegations.

                Sec. 3. Additional Authorities Prohibiting Anti-Semitic 
                Discrimination. Within 120 days of the date of this 
                order, the head of each agency charged with enforcing 
                Title VI shall submit a report to the President, 
                through the Assistant to the President for Domestic 
                Policy, identifying additional nondiscrimination 
                authorities within its enforcement authority with 
                respect to which the IHRA definition of anti-Semitism 
                could be considered.

                Sec. 4. Rule of Construction. Nothing in this order 
                shall be construed to alter the evidentiary 
                requirements pursuant to which an agency makes a 
                determination that conduct, including harassment, 
                amounts to actionable

[[Page 68780]]

                discrimination, or to diminish or infringe upon the 
                rights protected under any other provision of law.

                Sec. 5. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    December 11, 2019.

[FR Doc. 2019-27217
Filed 12-13-19; 11:15 am]
Billing code 3295-F0-P