Combating Anti-Semitism

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

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.