Combating Anti-Semitism

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 []
[FR Doc No: 2019-27217]
[[Page 68777]]
Vol. 84
No. 241
December 16, 2019
Part IV
The 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
 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
 (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.)
 December 11, 2019.
[FR Doc. 2019-27217
Filed 12-13-19; 11:15 am]
Billing code 3295-F0-P