118 HR 6578 IH: Commission to Study Acts of Antisemitism in the United States Act
U.S. House of Representatives
2023-12-04
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EN
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I
118th CONGRESS
1st Session
H. R. 6578
IN THE HOUSE OF REPRESENTATIVES
December 4, 2023
Mrs. Miller-Meeks (for herself, Ms. Wasserman Schultz, Ms. Salazar, Mr. Gottheimer, Mr. Miller of Ohio, Mr. Moskowitz, Mr. Gooden of Texas, Mr. D'Esposito, Mr. Ciscomani, Mr. Reschenthaler, Mr. Balderson, Mr. Wilson of South Carolina, Mr. Feenstra, Mr. Amodei, Mr. Van Drew, Mr. Mann, Mr. Schneider, Mr. Fitzpatrick, Mr. Rose, Mr. Buchanan, Mr. Kean of New Jersey, Mr. Guest, Mr. Yakym, Mr. Valadao, and Mr. Lawler) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To establish the Commission to Study Acts of Antisemitism in the United States.
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:
(1)
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.
(2)
On October 31, 2023, a student at Cornell University was arrested and charged for threatening to kill and injure members of the Jewish community.
(3)
In October 2023, Federal Bureau of Investigation Director Christopher Wray stated that antisemitism in the United States had reached “historic levels”.
(4)
The Anti-Defamation League reported a nearly 300 percent spike in antisemitic activity in the United States since Hamas attack on Israel.
(5)
In November 2023, a 69-year-old Jewish man was killed in Los Angeles after being struck in the head by a protester at an anti-Israel protest.
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—
(1)
investigate the facts, different sources, and manifestations of antisemitism in the present day;
(2)
examine and evaluate evidence developed by relevant Federal, State, and local governments, as well as leading non-governmental organizations with significant experience gathering data and trends on antisemitic incidents in the United States, 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;
(3)
evaluate the different types of actions taken by Federal, State, and local governments and governmental agencies in recent years to combat antisemitism; and
(4)
report to the President and Congress regarding its findings, conclusions, and recommendations for legislation or administrative actions as the Commission considers appropriate.
5.

Membership
(a)

Members
(1)

Number and appointment
The Commission shall be composed of 9 members appointed as follows:
(A)
2 members appointed by the Speaker of the House of Representatives.
(B)
2 members appointed by the minority leader of the House of Representatives.
(C)
2 members appointed by the majority leader of the Senate.
(D)
2 members appointed by the minority leader of the Senate.
(E)
1 member appointed by the President of the United States.
(2)

Chairperson; Vice Chairperson
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.
(3)

Political affiliation
Not more than 4 members appointed under paragraph (1) may be of the same political party.
(4)

Timing for appointment
All members of the Commission shall be appointed not later than 10 days after the date of enactment of this Act.
(5)

Qualifications
Members of the Commission shall have demonstrated expertise and experience cataloguing, addressing, and combating antisemitism.
(b)

Terms
(1)

In general
Each member shall be appointed for the life of the Commission.
(2)

Vacancies
A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
(c)

Basic pay
(1)

Compensation
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.
(2)

Prohibition of compensation of Federal employees
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.
(3)

Travel expenses
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.
(d)

Quorum
6 members of the Commission shall constitute a quorum but a lesser number may hold hearings.
(e)

Meetings
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
(a)

Experts
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.
(b)

Staff of Federal agencies
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
(a)

Hearings and sessions
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.
(b)

Powers of members and agents
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.
(c)

Obtaining official data
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.
(d)

Subpoena power
(1)

In general
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.
(2)

Failure to obey a subpoena
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.
(3)

Service of subpoenas
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.
(4)

Service of process
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.
(e)

Immunity
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.
(f)

Contract authority
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
(a)

Report
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.
(b)

Termination
(1)

In general
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).
(2)

Administrative activities before termination
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” 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 their property, toward Jewish community institutions and religious facilities:
(1)
Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion.
(2)
Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as collective, such as, especially but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy, and government or other societal institutions.
(3)
Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews.
(4)
Denying the fact, scope, mechanisms (e.g. gas chambers) or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during World War II (the Holocaust).
(5)
Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust.
(6)
Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations.
(7)
Denying the Jewish people their right to self-determination, e.g., by claiming that the existence of a State of Israel is a racist endeavor.
(8)
Applying double standards by requiring of it a behavior not expected or demanded of any other democratic nation.
(9)
Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis.
(10)
Drawing comparisons of contemporary Israeli policy to that of the Nazis.
(11)
Holding Jews collectively responsible for actions of the state of Israel.