H.R. 3691 — Commission to Study Acts of Antisemitism in the United States Act

This section states congressional findings on the rise of antisemitism in the United States since Hamas's October 7, 2023, invasion of Israel, including (1) the April 12, 2024, arrest of a California protester for threatening death to Bakersfield City Council members; (2) 9,354 antisemitic incidents reported by the Anti-Defamation League in 2024, the highest in its history; (3) an 84 percent increase in such incidents on college campuses compared to 2023; and (4) increases to 196 assaults (up 21 percent) and 2,606 vandalism incidents (up 20 percent) since 2023.

This section directs the Commission to (1) investigate the facts and causes of present-day antisemitism, (2) examine and evaluate evidence developed by federal, state, and local governments regarding antisemitic attacks in the United States without interfering with ongoing law enforcement activities and investigations, and (3) report its findings, conclusions, and recommendations for legislation or administrative actions to the President and Congress.

This section establishes the membership of the Commission as 8 individuals, with 2 appointed by the Speaker of the House of Representatives, 2 by the House minority leader, 2 by the Senate majority leader, and 2 by the Senate minority leader—not more than 4 of whom may be from the same political party—all appointed within 10 days of enactment. It designates the Chairperson and Vice Chairperson jointly by the Speaker and House minority leader; sets member terms for the life of the Commission, with vacancies filled in the same manner as original appointments; provides compensation at the daily equivalent of Executive Schedule level III for days of service (except no additional pay for full-time federal employees or Members of Congress); and authorizes travel expenses under 5 U.S.C. ch. 57, subch. I. The section further requires a quorum of 6 members (though fewer may hold hearings) and directs the first meeting as soon as practicable after appointments but not earlier than 15 days after enactment, with monthly meetings thereafter.

This section authorizes the Commission (1) to procure temporary and intermittent services of experts and consultants under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay for GS-15 of the General Schedule, including without compensation if agreed to in writing in advance; and (2) to request details of personnel, on a reimbursable basis, from the head of any federal department or agency to assist in carrying out its duties under the Act.

This section establishes the powers of the Commission, including (1) holding hearings, administering oaths, and receiving evidence; (2) authorizing members or agents to act on its behalf; (3) securing information from federal departments or agencies; (4) issuing subpoenas for testimony and evidence, enforceable by U.S. district courts as civil contempt; (5) granting witnesses immunity from prosecution for compelled testimony or evidence, except for perjury; and (6) entering into contracts as provided in appropriations Acts.

This section directs the Commission to transmit a report to the President and Congress not later than one year after enactment containing its findings, conclusions, and recommendations for legislation or administrative action. The section terminates the Commission 120 days after report submission, during which the Commission may conclude its activities, disseminate the report, and provide testimony to congressional committees.

This section defines the term “antisemitism” for purposes of this Act as a certain perception of Jews, which may be expressed (1) as hatred toward Jews; and (2) by rhetorical and physical manifestations directed toward Jewish or non-Jewish individuals and their property, Jewish community institutions, or Jewish religious facilities.