I 118th CONGRESS 2d Session H. R. 7945 IN THE HOUSE OF REPRESENTATIVES April 11, 2024 Mr. D'Esposito (for himself, Mr. Lawler , Mr. Fleischmann , and Ms. Tenney ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Oversight and Accountability , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide a definition of antisemitism for the enforcement of covered civil rights laws.

1. Short title This Act may be cited as the Define to Defeat Act of 2024 . 2. Findings Congress makes the following findings: (1) The May 26, 2016, International Holocaust Remembrance Alliance definition of antisemitism is objective and clear, and the use of alternative definitions of antisemitism, including instead of or in addition to the IHRA definition, impairs enforcement efforts by adding multiple standards that leave room for subjective application and may fail to identify some of the most insidious modern manifestations of anti-Jewish hate. (2) Antisemitism, including harassment on the basis of actual or perceived Jewish origin, ancestry, ethnicity, identity, affiliation, or faith, or connection thereto, remains a persistent, pervasive, and disturbing problem in contemporary American society. (3) Jewish people continue to be a targeted minority in the United States. Data shows, for instance, that Jews are consistently the most likely of all religious groups to be victimized by incidents of hate, and that such incidents are increasing at an alarming rate. (4) United States officials and institutions have a responsibility to protect citizens from acts of hate and bigotry motivated by discriminatory animus, including antisemitism, and must be given the tools to do so. (5) Valid monitoring, informed analysis and investigation, and effective policymaking all require uniform definitions. (6) While there can be no exhaustive definition of antisemitism, as it can take many forms, the International Holocaust Remembrance Alliance’s working definition has been an essential definitional tool used to determine contemporary manifestations of antisemitism, and includes useful examples of discriminatory anti-Israel acts that cross the line into antisemitism. (7) The International Holocaust Remembrance Alliance definition is used by various agencies of the Federal Government and the dozens of governments that are members of International Holocaust Remembrance Alliance. It is recommended for use by the European Council and the European Parliament, endorsed by the United Nations Secretary General and the Secretary General of the Organization of American States, included in policy guides prepared by the Organization for Security and Cooperation in Europe, and formally adopted by a growing number of European and Middle Eastern nations. (8) Use of this definition of antisemitism, although it is not to be taken as an exhaustive definition, will increase the awareness and understanding of the parameters of contemporary anti-Jewish discrimination. 3. Inclusion of material related to antisemitism in anti-discrimination training The head of each Federal department or agency shall include the definition of the term antisemitism under section 7 in any anti-discrimination training and education materials or modules made available by the department or agency. 4. Instructions to the jury In any Federal criminal or civil action before a jury that involves antisemitism, the court shall include the definition of the term antisemitism in the instructions to the jury. 5. Rules of construction for covered civil rights laws In reviewing, investigating, or deciding whether there has been a violation of a covered civil rights law on the basis of race, religion, color, ethnicity, or national origin, based on an individual's actual or perceived connection to an aspect of Jewish identity, each Federal department and agency conducting such review or investigation or making such decision shall take into consideration whether the potential violation was motivated, in whole or in part, by antisemitism. 6. Additional rules of construction (a) General rule of construction Nothing in this Act may be construed— (1) to expand the authority of the head of any Federal department or agency to enforce or implement a covered civil rights law; (2) to alter the standards pursuant to which the head of a Federal department or agency makes a determination that conduct constitutes a violation of a covered civil rights law; or (3) to diminish or infringe upon the rights protected under any other provision of law that is in effect on the date of enactment of this Act. (b) Constitutional protections Nothing in this Act may be construed to diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States. 7. Definitions In this Act: (1) The term antisemitism has the meaning given such term by the International Holocaust Remembrance Alliance on May 26, 2016, and includes the examples of antisemitism set forth therein. (2) The term covered civil rights law means any of the following: (A) Title I of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (B) Title II, title III, title IV, title VI, or title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ). (C) Section 1977 of the Revised Statutes (42 U.S. Code 1981). (D) The Equal Educational Opportunities Act of 1974 ( 20 U.S.C. 1701–1758 ). (E) Section 249 of title 18, United States Code.