HR3691-119

1. Short title This Act may be cited as the Commission to Study Acts of Antisemitism in the United States Act.

2. Findings Congress finds the following: Since Hamas deadly invasion of the nation of Israel on October 7, 2023, there has been a disturbing rise of antisemitism in the United States. On April 12, 2024, a California protester was arrested for threatening death upon members of Bakersfield City Council. The Anti-Defamation League reported 9,354 antisemitic incidents in 2024 alone, the highest number recorded in the organization’s history. College and university campuses have experienced an 84 percent increase in antisemitic incidents compared to 2023. Assaults have increased 21 percent to 196 incidents and vandalism has increased 20 percent to 2,606 incidents since 2023.

3. Establishment There is established in the legislative branch a commission to be known as the Commission to Study Acts of Antisemitism in the United States (in this Act referred to as the Commission).

4. Duties of Commission Without making any predetermined or political findings, the Commission shall— investigate the facts and causes of antisemitism in the present day; examine and evaluate evidence developed by relevant Federal, State, and local governments regarding the facts and circumstances of antisemitic attacks within the United States, except that such examination and evaluation shall not interfere with ongoing law enforcement activities and investigations; and report to the President and Congress regarding its findings, conclusions, and recommendations for legislation or administrative actions as the Commission considers appropriate.

5. Membership The Commission shall be composed of 8 members appointed as follows: 2 members appointed by the Speaker of the House of Representatives. 2 members appointed by the minority leader of the House of Representatives. 2 members appointed by the majority leader of the Senate. 2 members appointed by the minority leader of the Senate. The Chairperson and Vice Chairperson of the Commission shall be designated jointly by the Speaker of the House of Representatives and the minority leader of the House of Representatives at the time of the appointment. Not more than 4 members appointed under paragraph (1) may be of the same political party. All members of the Commission shall be appointed not later than 10 days after the date of enactment of this Act. Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Except as provided in paragraph (2), members shall each be paid at a rate not to exceed the daily equivalent of the annual rate of basic pay for level III of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. 6 members of the Commission shall constitute a quorum but a lesser number may hold hearings. As soon as practicable after all members are appointed, but not earlier than 15 days after the date of enactment of this Act, the Commission shall meet and begin the initial operation of the Commission. The Commission shall meet monthly thereafter.

6. Experts; staff of Federal agencies The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay for GS–15 of the General Schedule. The services of an expert or consultant may be procured without compensation if the expert or consultant agrees to such an arrangement, in writing, in advance. Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act.

7. Powers of Commission The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon joint request of the Chairperson and Vice Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is empowered to investigate under this Act. Such subpoenas shall be issued by agreement between the Chairperson and Vice Chairperson of the Commission, or by the vote of a majority of the members of the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self-incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing which that person is compelled to testify about or produce evidence relating to, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. To the extent or in the amounts provided in advance in appropriation Acts, the Commission may enter into contracts to enable the Commission to discharge its duties under this Act.

8. Report; termination The Commission shall transmit a report to the President and Congress not later than 1 year after the date of enactment of this Act. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislation or administrative actions as the Commission considers appropriate. The Commission shall terminate upon the expiration of the 120-day period which begins on the date on which the Commission submits the report under subsection (a). The Commission may use the 120-day period referred to in paragraph (1) for the purpose of concluding the activities of the Commission, including disseminating the report submitted under subsection (a) and providing testimony to committees of Congress concerning such report.

9. Definition In this Act, the term antisemitism means a certain perception of Jews, which may be expressed— as hatred toward Jews; and by rhetorical and physical manifestations directed toward— Jewish or non-Jewish individuals; the property of the individuals described under subparagraph (A); Jewish community institutions; or Jewish religious facilities.