Overview

Title

An Act To provide for the consideration of a definition of antisemitism set forth by the International Holocaust Remembrance Alliance for the enforcement of Federal antidiscrimination laws concerning education programs or activities, and for other purposes.

ELI5 AI

H.R. 6090 is a bill that wants teachers and schools to use a special definition of "antisemitism," or being unfair to Jewish people, to make sure everyone is treated nicely and fairly, just like the law says they should. This bill also makes sure this doesn't stop anyone from saying what they believe is true.

Summary AI

H.R. 6090, also known as the “Antisemitism Awareness Act of 2023,” aims to enhance the enforcement of federal antidiscrimination laws related to education by acknowledging antisemitism as a form of discrimination. The bill emphasizes the significance of using the International Holocaust Remembrance Alliance's definition of antisemitism for this purpose. It intends for the Department of Education to consider this definition when assessing if actions motivated by antisemitism violate Title VI of the Civil Rights Act. The Act ensures it does not expand the Secretary of Education's authority or infringe upon constitutional rights, particularly those protected by the First Amendment.

Published

2024-05-02
Congress: 118
Session: 2
Chamber: SENATE
Status: Received in Senate
Date: 2024-05-02
Package ID: BILLS-118hr6090rds

Bill Statistics

Size

Sections:
6
Words:
969
Pages:
6
Sentences:
27

Language

Nouns: 294
Verbs: 78
Adjectives: 53
Adverbs: 7
Numbers: 45
Entities: 89

Complexity

Average Token Length:
4.46
Average Sentence Length:
35.89
Token Entropy:
5.03
Readability (ARI):
21.10

AnalysisAI

General Summary of the Bill

The "Antisemitism Awareness Act of 2023," also known as H.R. 6090, primarily aims to solidify the recognition and response to antisemitism within the context of federal antidiscrimination laws, particularly in education programs and activities. It emphasizes the adoption of the International Holocaust Remembrance Alliance (IHRA) Working Definition of Antisemitism as a standard reference. The act recognizes increasing antisemitism, especially in educational settings, and seeks to ensure that discrimination based on Jewish ancestry or ethnic characteristics is addressed under Title VI of the Civil Rights Act of 1964. The bill underscores the importance of government efforts to combat antisemitism comprehensively through education and policy enforcement.

Summary of Significant Issues

Several significant issues arise from the bill’s formulation. First, the dependence on an external definition of antisemitism by the IHRA is problematic. Should this definition change, it may not be directly incorporated into federal legislation without amendments, leading to inconsistencies. Second, the emphasis on a single definition raises questions about the dismissiveness of other perspectives, which might hinder comprehensive understanding and enforcement efforts against antisemitism. Third, the bill lacks specific implementation strategies, particularly concerning how the outlined policies will be enforced within educational settings. This absence raises concerns about the potential effectiveness of these measures in day-to-day practice. Further, the bill presumes antisemitism as a Title VI violation without clear articulation, leading to possible legal ambiguities.

Impact on the Public

The legislation could have broad public implications by bringing heightened awareness to antisemitism, potentially fostering a more inclusive environment across educational institutions. By aligning antisemitism with recognized categories of discrimination like race and national origin, the act may offer stronger protections to Jewish individuals, enhancing their sense of safety and belonging. However, the lack of clear guidance on enforcement may pose challenges in actual application, potentially resulting in uneven protective measures across different educational institutions.

Impact on Specific Stakeholders

For Jewish communities, this bill represents a significant acknowledgment of the unique forms of discrimination they face, which could lead to increased support and resources to address antisemitism. Educators and administrators may face new obligations to identify and respond to antisemitism, which could require additional training and resources. Conversely, critics might feel that relying exclusively on the IHRA definition limits the scope for recognizing other forms of antisemitism and might not adequately address the diverse experiences of different Jewish communities.

Policy-makers and legal professionals may face complexities in interpreting antisemitism under federal laws, particularly if definitions evolve or if issues arise not fully encompassed by the IHRA Working Definition. This might necessitate additional legislative or judicial interventions to refine interpretations and applications of the law.

Overall, while the Antisemitism Awareness Act of 2023 seeks to protect Jewish individuals from discrimination, its real-world impact will depend significantly on the clarity of its implementation and the adaptability of its definitions and policies.

Issues

  • The reliance on an external definition of antisemitism by the IHRA might lead to inconsistencies or lack of clarity if the definition changes over time without corresponding legislative amendments (Section 4). This could impact how antisemitism is interpreted and enforced under federal laws, affecting legal proceedings and protection measures.

  • The IHRA Working Definition of Antisemitism is endorsed without clearly discussing why alternative definitions might impair enforcement efforts (Section 3). This lack of clarity could hinder understanding of the scope and limitations of protection against antisemitism.

  • The absence of specific implementation plans for enforcing policies against antisemitism, especially in educational settings (Section 2), creates uncertainty about the effectiveness of these measures in practice. This issue could hinder efforts to combat discrimination effectively.

  • The lack of definition or elaboration on 'contemporary examples of antisemitism' (Section 4) might lead to varied interpretations, potentially affecting the consistency of enforcement and educational efforts.

  • The language in the act presupposes that antisemitism constitutes a violation of Title VI of the Civil Rights Act without explicitly clarifying this connection (Section 5). This could lead to legal ambiguities and misinterpretations.

  • The short title 'Antisemitism Awareness Act of 2023' fails to offer insight into the Act's provisions or implications (Section 1), potentially leading to a lack of transparency for those trying to understand the bill's purpose and impact.

  • The section addressing the rights protected under other laws does not provide clear cross-references, which could lead to potential legal conflicts or misunderstandings regarding how this Act interacts with other existing laws (Section 6).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the act states that this law can be referred to as the "Antisemitism Awareness Act of 2023."

2. Sense of Congress Read Opens in new tab

Summary AI

Congress expresses that discrimination based on race, color, and national origin is prohibited in programs receiving federal support, including discrimination against Jews when related to these factors. The U.S. aims to strongly enforce these protections and highlights the importance of increasing awareness, enhancing community safety, addressing antisemitism, and fostering collaboration between communities.

3. Findings Read Opens in new tab

Summary AI

Congress recognizes the increasing problem of antisemitism in the United States, especially impacting Jewish students. They highlight the importance of the International Holocaust Remembrance Alliance's definition of antisemitism for identifying its various forms and stress the use of this definition by the Department of Education and in federal anti-discrimination efforts, including in a new national strategy to address antisemitism released in May 2023.

4. Definitions Read Opens in new tab

Summary AI

The section defines "definition of antisemitism" as the meaning given by the International Holocaust Remembrance Alliance (IHRA) in 2016, which the United States has adopted through the Department of State. It also includes contemporary examples of antisemitism as identified in the IHRA definition.

5. Rule of construction for title VI of the Civil Rights Act of 1964 Read Opens in new tab

Summary AI

The section states that when the Department of Education is evaluating potential violations of Title VI of the Civil Rights Act of 1964 related to race, color, or national origin, it should consider the definition of antisemitism, especially if the case involves issues of Jewish ancestry or ethnic characteristics, to determine if there was antisemitic intent.

6. Other rules of construction Read Opens in new tab

Summary AI

In Section 6 of the bill, it clarifies that the provisions should not be interpreted to give more power to the Secretary of Education, change how the Department of Education handles harassment as discrimination, or weaken existing legal rights. It also emphasizes that the Act does not affect any rights under the First Amendment of the U.S. Constitution.