Combating Anti-Semitism

Published date16 December 2019
Record Number2019-27217
SectionPresidential Documents
CourtExecutive Office Of The President
Federal Register, Volume 84 Issue 241 (Monday, December 16, 2019)
[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 IVThe President-----------------------------------------------------------------------
                Executive Order 13899--Combating Anti-Semitism
                 Presidential Documents
                Federal Register / Vol. 84 , No. 241 / Monday, December 16, 2019 /
                Presidential Documents
                ___________________________________________________________________
                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
                

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