,,ii #aafth ,,congress #ast ,session ,s4 #heb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ad1 #bjai ,mr4 ,scott of ,south ,carolina 7for himself1 ,mr4 ,casey1 ,mr4 ,rubio1 and ,mr4 ,isakson7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to provide for the consideration of a definition of anti-,semitism for the enforcement of ,federal antidiscrimination laws concerning education programs or activities4 #a4 ,short title ,this ,act may be cited as the ,anti-,semitism ,awareness ,act of #bjai4 #b4 ,findings ,congress makes the following findings3 7#a7 ,title ,,vi of the ,civil ,rights ,act of #aifd 7referred to in the section as title ,,vi7 is one of the principal antidiscrimination statutes enforced by the ,department of ,education's ,office for ,civil ,rights4 7#b7 ,title ,,vi prohibits discrimination on the basis of race1 color1 or national origin4 7#c7 ,both the ,department of ,justice and the ,department of ,education have properly concluded that title ,,vi prohibits discrimination against ,jews1 ,muslims1 ,sikhs1 and members of other religious groups when the discrimination is based on the group's actual or perceived shared ancestry or ethnic characteristics or when the discrimination is based on actual or perceived citizenship or residence in a country whose residents share a dominant religion or a distinct religious identity4 7#d7 ,a ,september #h1 #bjaj1 letter from ,assistant ,attorney ,general ,thomas ,e4 ,perez to ,assistant ,secretary for ,civil ,rights ,russlynn ,h4 ,ali stated that although ,title ,,vi does not prohibit discrimination on the basis of religion1 discrimination against ,jews1 ,muslims1 ,sikhs1 and members of other groups violates ,title ,,vi when that discrimination is based on the group's actual or perceived shared ancestry or ethnic characteristics4 7#e7 ,to assist ,state and local educational agencies and schools in their efforts to comply with ,federal law1 the ,department of ,education periodically issues ,dear ,colleague letters4 ,on a number of occasions1 these letters set forth the ,department of ,education's interpretation of the statutory and regulatory obligations of schools under title ,,vi4 7#f7 ,on ,september #ac1 #bjjd1 the ,department of ,education issued a ,dear ,colleague letter regarding the obligations of schools 7including colleges7 under title ,,vi to address incidents involving religious discrimination4 ,the #bjjd letter specifically notes that since the attacks of ,september #aa1 #bjja1 ,,ocr has received complaints of race or national origin harassment commingled with aspects of religious discrimination against ,arab ,muslim1 ,sikh1 and ,jewish students44 7#g7 ,an ,october #bf1 #bjaj1 ,dear ,colleague letter issued by the ,department of ,education stated1 ,while ,title ,,vi does not cover discrimination based solely on religion1 groups that face discrimination on the basis of actual or perceived shared ancestry or ethnic characteristics may not be denied protection under ,title ,,vi on the ground that they also share a common faith4 ,these principles apply not just to ,jewish students1 but also to students from any discrete religious group that shares1 or is perceived to share1 ancestry or ethnic characteristics 7e4g41 ,muslims or ,sikhs744 7#h7 ,anti-,semitism1 and harassment on the basis of actual or perceived shared ancestry or ethnic characteristics with a religious group1 remains a persistent1 disturbing problem in elementary and secondary schools and on college campuses4 7#i7 ,students from a range of diverse backgrounds1 including ,jewish1 ,arab ,muslim1 and ,sikh students1 are being threatened1 harassed1 or intimidated in their schools 7including on their campuses7 on the basis of their shared ancestry or ethnic characteristics including through harassing conduct that creates a hostile environment so severe1 pervasive1 or persistent so as to interfere with or limit some students' ability to participate in or benefit from the services1 activities1 or opportunities offered by schools4 7#aj7 ,the #bjaj ,dear ,colleague letter cautioned schools that they must take prompt and effective steps reasonably calculated to end the harassment1 eliminate any hostile environment1 and its effects1 and prevent the harassment from recurring1 but did not provide guidance on current manifestations of anti-,semitism1 including discriminatory anti-,semitic conduct that is couched as anti-,israel or anti-,zionist4 7#aa7 ,the definition and examples referred to in paragraphs 7#a7 and 7#b7 of section #c have been valuable tools to help identify contemporary manifestations of anti-,semitism1 and include useful examples of discriminatory anti-,israel conduct that crosses the line into anti-,semitism4 7#ab7 ,awareness of this definition of anti-,semitism will increase understanding of the parameters of contemporary anti-,jewish conduct and will assist the ,department of ,education in determining whether an investigation of anti-,semitism under title ,,vi is warranted4 #c4 ,definitions ,for purposes of this ,act1 the term definition of anti-,semitism-- 7#a7 includes the definition of anti-,semitism adopted on ,may #bf1 #bjaf1 by the ,international ,holocaust ,remembrance ,alliance 7referred to in this section as ,,ihra71 of which the ,united ,states is a member1 which definition has been adopted by the ,department of ,state2 and 7#b7 includes the contemporary examples of antisemitism identified in the ,,ihra definition4 #d4 ,rule of construction for title ,,vi of the ,civil ,rights ,act of #aifd ,in reviewing1 investigating1 or deciding whether there has been a violation of title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 on the basis of race1 color1 or national origin1 based on an individual's actual or perceived shared ,jewish ancestry or ,jewish ethnic characteristics1 the ,department of ,education shall take into consideration the definition of anti-,semitism as part of the ,department's assessment of whether the practice was motivated by anti-,semitic intent4 #e4 ,administration ,the ,assistant ,secretary for ,civil ,rights shall administer and enforce title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 and title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq47 in a manner that is consistent with the manner of administration and enforcement described in the ,dear ,colleague letter issued on ,september #ac1 #bjjd1 by the ,deputy ,assistant ,secretary for ,enforcement of the ,department of ,education1 entitled ,title ,,vi and ,title ,,ix ,religious ,discrimination in ,schools and ,colleges4 #f4 ,other rules of construction 7a7 ,general rule of construction ,nothing in this ,act shall be construed-- 7#a7 to expand the authority of the ,secretary of ,education2 7#b7 to alter the standards pursuant to which the ,department of ,education makes a determination that harassing conduct amounts to actionable discrimination2 or 7#c7 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 ,act4 7b7 ,constitutional protections ,nothing in this ,act shall be construed to diminish or infringe upon any right protected under the ,first ,amendment to the ,constitution of the ,united ,states4