Countering Antisemitism Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7921 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7921

  To strengthen Federal efforts to counter antisemitism in the United
                                States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2024

Ms. Manning (for herself, Mr. Smith of New Jersey, Mr. Fitzpatrick, Mr.
  Weber of Texas, Ms. Meng, Mr. Lieu, and Mr. Veasey) introduced the
 following bill; which was referred to the Committee on the Judiciary,
   and in addition to the Committees on Education and the Workforce,
Homeland Security, Oversight and Accountability, and Transportation and
   Infrastructure, 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 strengthen Federal efforts to counter antisemitism in the United
                                States.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Countering Antisemitism Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Antisemitism, which is often called ``the oldest
        hatred'', is a serious and growing danger for Jews in the
        United States and around the world.
            (2) In 2022, the Federal Bureau of Investigation found that
        anti-Jewish hate crime incidents increased by more than 37
        percent from 2021 to 2022.
            (3) In 2022, the Anti-Defamation League reported nearly
        3,700 antisemitic incidents in the United States, including
        assault, vandalism, and harassment, which is a 36 percent
        increase from 2021 and represents the highest number on record
        of antisemitic incidents reported by the Anti-Defamation
        League, and the American Jewish Committee reported that 25
        percent of Jewish Americans were personally targeted by
        antisemitism in 2023.
            (4) Jewish Americans are facing an unprecedented rise in
        antisemitic incidents following the October 7, 2023 Hamas
        terrorist attacks on Israel.
            (5) Rising antisemitism is in part being driven by the
        spread and amplification of antisemitic comments, tropes, and
        conspiracies on social media platforms, which can lead to
        physical acts of harassment, assault, and vandalism.
            (6) Holocaust denial and distortion, including intentional
        efforts to excuse or minimize the impact of the Holocaust,
        dishonor Holocaust victims and survivors, and reinforce the
        need for advancing accurate and comprehensive Holocaust
        education globally.
            (7) Protecting the history of the Holocaust and recognizing
        and confronting Holocaust denial and distortion are critical to
        preventing antisemitism.
            (8) Jewish houses of worship are increasingly the targets
        of violent attacks in the United States, as evidenced by the
        deadly assaults on synagogues in Pittsburgh, Pennsylvania, in
        2018 and Poway, California, in 2019.
            (9) Antisemitic incidents have increased dramatically in
        many educational settings over the past several years, with
        many Jewish students facing discrimination or a hostile
        environment at schools, yet these incidents remain
        underreported.
            (10) The Department of Education's Office for Civil Rights
        is tasked with ensuring that all students are protected on
        campus, yet there is a backlog of discrimination complaints
        that remain pending before the Office for Civil Rights.
            (11) On May 25, 2023, the Biden Administration issued the
        U.S. National Strategy to Counter Antisemitism, which outlines
        the Administration's whole-of-society approach to tackle
        antisemitism and includes actions for Federal agencies to take
        and calls to action for Congress.
            (12) Antisemitism can have unique characteristics,
        including the evolving use of conspiracy theories that blame
        the various ills of society on Jews or attribute to individual
        Jews a variety of evil and harmful characteristics, and
        including the portrayal of Jews as too powerful or controlling
        and deserving of hatred and mistrust. Antisemitism can also
        exist when individual Jews are held responsible for the
        policies of the Israeli government, or attacked, disparaged, or
        demonized based on their real or perceived connection to,
        affiliation with, or support for, the state of Israel as a
        Jewish state. Antisemitism can manifest distinctively and
        require a tailored response.
            (13) While antisemitism most directly and intensely
        threatens Jewish Americans, it also undermines democracy and
        threatens the safety and rights of all Americans.

SEC. 3. STATEMENT OF POLICY AND SENSE OF CONGRESS.

    (a) Statement of Policy.--It is the policy of the United States
to--
            (1) raise awareness and educate the United States public
        about the history of Jewish Americans and antisemitism in all
        of its forms and various manifestations;
            (2) use all available authorities to oppose antisemitism;
        and
            (3) ensure that the implementation of Federal Government
        strategies to counter antisemitism are ongoing and multi-year
        whole-of-government and whole-of-society efforts, including
        through close and consistent collaboration between the Federal
        Government, the private sector, civil society, faith leaders,
        and community leaders.
    (b) Sense of Congress.--It is the sense of Congress that the non-
legally binding working definition of antisemitism adopted in 2016 by
the 31 member states of the International Holocaust Remembrance
Alliance, a definition which the United States has embraced--
            (1) is a valuable tool to raise awareness and increase
        understanding of antisemitism; and
            (2) should be utilized by Federal, State, and local
        agencies.

SEC. 4. DEFINITIONS.

    In this section
            (1) Antisemitism.--The term ``antisemitism'' has the
        meaning given the term in section 3 of the Never Again
        Education Act (36 U.S.C. 2301 note).
            (2) Relevant agency.--The term ``relevant agency'' means--
                    (A) the Domestic Policy Council;
                    (B) the Department of State;
                    (C) the Office of the Special Envoy to Monitor and
                Combat Antisemitism of the Department of State;
                    (D) the Department of Homeland Security;
                    (E) the Department of Justice;
                    (F) the Federal Bureau of Investigation;
                    (G) the Department of Education;
                    (H) the National Counterterrorism Center;
                    (I) the United States Holocaust Memorial Museum;
                    (J) the Department of Health and Human Services;
                    (K) the Equal Employment Opportunity Commission;
                    (L) the Small Business Administration;
                    (M) the Department of Housing and Urban
                Development;
                    (N) the Department of Transportation;
                    (O) the Department of Agriculture;
                    (P) the Corporation for National and Community
                Service;
                    (Q) the National Endowment for the Arts;
                    (R) the National Endowment for the Humanities;
                    (S) the Department of the Interior;
                    (T) the Department of Veterans Affairs;
                    (U) the Department of Defense;
                    (V) the Department of the Treasury;
                    (W) the Office of the Director of National
                Intelligence;
                    (X) the Institute of Museum and Library Services;
                    (Y) the Office of Personnel Management;
                    (Z) the United States Mission to the United
                Nations;
                    (AA) the General Services Administration;
                    (BB) the Department of Commerce;
                    (CC) the Department of Labor;
                    (DD) the National Science Foundation;
                    (EE) the Smithsonian Institution; and
                    (FF) the Office of Faith-Based and Neighborhood
                Partnerships of the White House.
            (3) U.S. national strategy to counter antisemitism.--The
        term ``U.S. National Strategy to Counter Antisemitism'' means
        the document entitled ``U.S. National Strategy to Counter
        Antisemitism'' issued by the White House on May 25, 2023.

SEC. 5. NATIONAL COORDINATOR TO COUNTER ANTISEMITISM.

    (a) Establishment.--There is established within the Executive
Office of the President the position of National Coordinator to Counter
Antisemitism (in this section referred to as the ``National
Coordinator''). The individual serving in the position of National
Coordinator shall not have, or be assigned, duties in addition to the
duties of the position of National Coordinator.
    (b) Duties of the National Coordinator.--Subject to the authority,
direction, and control of the President, the National Coordinator
shall--
            (1) serve as the principal advisor to the President on
        countering domestic antisemitism;
            (2) coordinate Federal efforts to counter antisemitism,
        including ongoing and multi-year implementation of Federal
        Government strategies to counter antisemitism, across the
        relevant agencies;
            (3) conduct a biennial review of the implementation of
        Federal Government strategies to counter antisemitism for a
        period of 10 years, including--
                    (A) an evaluation of all actions that have been
                implemented; and
                    (B) recommendations for any updates to those
                actions, as necessary; and
            (4) review the internal and external antisemitism training
        and resource programs of the relevant agencies and ensure that
        such programs include training and resources to assist relevant
        agencies in understanding, deterring, and educating people
        about antisemitism.

SEC. 6. INTERAGENCY TASK FORCE TO COUNTER ANTISEMITISM.

    (a) Establishment.--The President shall establish an Interagency
Task Force to Counter Antisemitism.
    (b) Appointment.--The President shall appoint the members of the
Task Force, which shall include representatives from the relevant
agencies.
    (c) Chair.--The National Coordinator established in section 5(a)
shall be the Chair of the Task Force.
    (d) Activities of the Task Force.--The Task Force shall carry out
each of the following activities:
            (1) Coordinate implementation of Federal Government
        strategies to counter antisemitism.
            (2) Measure and evaluate the progress of the United States
        in the areas of--
                    (A) providing education about antisemitism;
                    (B) countering antisemitism; and
                    (C) providing support, protection, and assistance
                to individuals and communities targeted by
                antisemitism.
            (3) Create and implement interagency procedures for
        collecting and organizing data, including research results and
        resource information from relevant agencies and researchers, on
        domestic antisemitism, while--
                    (A) respecting the confidentiality of individuals
                targeted by antisemitism; and
                    (B) complying with any Federal, State, or local
                laws affecting confidentiality, such as laws applying
                to court cases involving juveniles.
            (4) Measure and evaluate the use of the Nonprofit Security
        Grant Program of the Department of Homeland Security
        established under section 2009 of the Homeland Security Act of
        2002 (6 U.S.C. 609a) to secure Jewish nonprofit organizations
        that are at high risk of terrorist attack.
            (5) Engage in consultation with Congress, nonprofit
        organizations, and Jewish community advocacy organizations,
        among other entities, to advance the purposes of this Act.
    (e) Activities of the Chair.--Not later than 6 months after the
date of enactment of this Act, and every 6 months thereafter until the
date that is 10 years after the date of enactment of this Act, the
Chair of the Task Force shall provide a briefing on the activities of
the Task Force to--
            (1) the majority leader and minority leader of the Senate;
        and
            (2) the Speaker and minority leader of the House of
        Representatives.

SEC. 7. REPORTS ON IMPLEMENTATION OF U.S. NATIONAL STRATEGY TO COUNTER
              ANTISEMITISM.

    (a) Reports From Relevant Agencies.--Not later than 90 days after
the date of enactment of this Act, the head of each relevant agency, in
coordination with the National Coordinator to Counter Antisemitism,
shall submit to Congress and make publicly available a report detailing
how the relevant agency is implementing the U.S. National Strategy to
Counter Antisemitism, which report shall include each of the following:
            (1) Detailed descriptions of any programs, activities, or
        policies established to carry out the strategy.
            (2) Identification of the obstacles to implementation.
            (3) Opportunities for improved coordination, during the
        implementation, with other relevant agencies, State and local
        authorities, civil society, community and faith leaders, the
        private sector, and individual citizens, as relevant.
    (b) Annual Threat Assessment.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, and annually thereafter until the date
        that is 10 years after the date of enactment of this Act, the
        Director of the Federal Bureau of Investigation, the Secretary
        of Homeland Security, and the Director of the National
        Counterterrorism Center, in coordination with the National
        Coordinator to Counter Antisemitism, shall jointly produce an
        annual threat assessment of antisemitic violent extremism.
            (2) Contents.--Each threat assessment required under
        paragraph (1) shall include, for the period covered by the
        report--
                    (A) an overview of transnational violent extremist
                ideologies that include antisemitic components,
                including international and domestic extremism;
                    (B) a review of the violence committed on behalf of
                the ideologies described in subparagraph (A),
                including--
                            (i) violent acts committed with explicit
                        antisemitic sentiment;
                            (ii) an overview of propaganda facilitating
                        the spread of those ideologies, including an
                        in-depth assessment of the antisemitic
                        components of the propaganda; and
                            (iii) the commonalities of the threat
                        across several different violent extremist
                        ideologies;
                    (C) an assessment of the threat that antisemitic
                violence described in subparagraphs (A) and (B) poses
                to the United States homeland, United States citizens
                abroad, and United States military personnel; and
                    (D) an overview of how antisemitic violent threats
                impact the interests and the global standing of the
                United States.
            (3) Dissemination.--
                    (A) In general.--The Director of the Federal Bureau
                of Investigation, the Secretary of Homeland Security,
                and the Director of the National Counterterrorism
                Center, in coordination with the National Coordinator
                to Counter Antisemitism, shall submit each threat
                assessment required under paragraph (1), including any
                classified annexes, to--
                            (i) the Committee on Armed Services of the
                        Senate;
                            (ii) the Select Committee on Intelligence
                        of the Senate;
                            (iii) the Committee on the Judiciary of the
                        Senate;
                            (iv) the Committee on Homeland Security and
                        Governmental Affairs of the Senate;
                            (v) the Committee on Appropriations of the
                        Senate;
                            (vi) the Committee on Armed Services of the
                        House of Representatives;
                            (vii) the Permanent Select Committee on
                        Intelligence of the House of Representatives;
                            (viii) the Committee on the Judiciary of
                        the House of Representatives;
                            (ix) the Committee on Homeland Security of
                        the House of Representatives; and
                            (x) the Committee on Appropriations of the
                        House of Representatives.
                    (B) Declassified version.--The Director of the
                Federal Bureau of Investigation shall make publicly
                available a declassified version of each threat
                assessment required under paragraph (1) on the public
                website of the Federal Bureau of Investigation
                concurrently with the version submitted under
                subparagraph (A).
            (4) Limitation.--No version of the threat assessment
        required under paragraph (1) shall include personally
        identifiable information.

SEC. 8. ONLINE ANTISEMITISM, HOLOCAUST DENIAL, AND DISTORTION.

    (a) Study.--In order to assess steps to counter the spread of
antisemitism online, not later than 180 days after the date of
enactment of this Act, and every year thereafter for a period of 10
years, the National Coordinator to Counter Antisemitism, in conjunction
with the Interagency Task Force to Counter Antisemitism, shall conduct
a study and prepare a report that shall include each of the following:
            (1) An analysis of the prevalence of online antisemitic
        content, including Holocaust denial and Holocaust distortion
        content.
            (2) Recommendations to Congress to counter the spread of
        antisemitism online, including options for greater transparency
        requirements relating to algorithmic systems, content
        moderation, enforcement of community standards, accountability
        for individuals, and accountability for online platforms.
    (b) Report.--The National Coordinator to Counter Antisemitism shall
make the report available to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Oversight and Accountability of the House of Representatives.

SEC. 9. COUNTERING ANTISEMITIC DISCRIMINATION IN HIGHER EDUCATION.

    (a) Definitions.--In this section:
            (1) Covered institution.--The term ``covered institution''
        means a college, university, or other postsecondary
        institution, or a public system of higher education that
        receives Federal funds.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Education.
    (b) Sense of Congress.--It is the sense of Congress that the
Department of Education should expeditiously issue a proposed rule
pursuant to Executive Order 13899 (84 Fed. Reg. 68779; relating to
Combating Anti-Semitism).
    (c) OCR Designee.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall designate a senior officer
or senior employee of the Office for Civil Rights (in this section
referred to as the ``Designee''). The Designee shall--
            (1) serve as the Secretary's primary advisor on the
        Department of Education's efforts to counter antisemitic
        discrimination at covered institutions;
            (2) oversee the Department of Education's efforts to
        increase awareness of antisemitic discrimination at covered
        institutions, including by proactively providing information to
        students at covered institutions about how to file complaints
        of discrimination with the Department of Education;
            (3) remind covered institutions of their legal
        responsibility under title VI of the Civil Rights Act of 1964
        (42 U.S.C. 2000d et seq.) to provide all students, including
        those who are or are perceived to be Jewish or Israeli, a
        school environment free from discrimination based on race,
        color, or national origin, including shared ancestry or ethnic
        characteristics;
            (4) ensure that students at covered institutions who have
        experienced discrimination based on national origin (including
        shared ancestry or ethnic characteristics) and desire to file a
        complaint of discrimination with the Department of Education
        have the information and resources to do so; and
            (5) make recommendations to the Secretary on the Department
        of Education's efforts to counter antisemitic discrimination in
        higher education.
    (d) Reporting.--
            (1) In general.--Beginning not later than 180 days after
        the date of enactment of this Act and every year thereafter for
        a period of 10 years, the Designee shall submit a report to
        Congress containing information about each complaint received
        by the Office for Civil Rights of the Department of Education
        that--
                    (A) concerns discrimination under title VI of the
                Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) on
                the basis of national origin (including shared ancestry
                or ethnic characteristics) at a covered institution;
                and
                    (B) is outstanding as of the date of completion of
                the report and was received 6 months before such date
                or earlier.
            (2) Contents.--Each report described in paragraph (1) shall
        include--
                    (A) with respect to each complaint, the status of
                the complaint, including--
                            (i) the reasons the complaint has not been
                        resolved; and
                            (ii) an estimated timeframe for the
                        resolution of the complaint; and
                    (B) the Designee's activities to--
                            (i) increase awareness of antisemitic
                        discrimination at covered institutions; and
                            (ii) provide information to students at
                        covered institutions on how to file complaints
                        of discrimination with the Department of
                        Education.
            (3) Availability.--Each report described in paragraph (1)
        shall be made available to the National Coordinator to Counter
        Antisemitism and the Interagency Task Force to Counter
        Antisemitism.

SEC. 10. HOLOCAUST EDUCATION AND ANTISEMITISM LESSONS.

    (a) Study.--Beginning not later than 180 days after the date of
enactment of this Act, the Director of the United States Holocaust
Memorial Museum (referred to in this Act as the ``USHMM Director'')
shall conduct a study on Holocaust education efforts in States, local
educational agencies, and public elementary schools and secondary
schools. Such study shall include an examination of--
            (1) all States;
            (2) a nationally representative sample of local educational
        agencies; and
            (3) a representative sample of public elementary schools
        and secondary schools served by the local educational agencies
        being studied.
    (b) Elements.--In conducting the study under subsection (a), the
USHMM Director shall--
            (1) determine whether States and local educational agencies
        being studied require Holocaust education as part of the
        curriculum taught in public elementary schools and secondary
        schools;
            (2) identify States and local educational agencies being
        studied that have optional Holocaust education as part of the
        curriculum taught in public elementary schools and secondary
        schools;
            (3) identify each State's standards and the requirements of
        the local educational agencies being studied relating to
        Holocaust education and summarize the status of the
        implementation of such standards and requirements, including--
                    (A) any centralized apparatus at the State or local
                level that collects and disseminates Holocaust
                education curricula and materials;
                    (B) any Holocaust education professional
                development opportunities for pre-service and in-
                service educators;
                    (C) the involvement of informal educational
                organizations in implementing Holocaust education,
                including museums and cultural centers;
                    (D) an assessment of the challenges or gaps that
                may prevent educators from fulfilling Holocaust
                education requirements;
                    (E) the identification of training and resources
                needed to support educators teaching about the
                Holocaust; and
                    (F) the adoption of United States Holocaust
                Memorial Museum resources by--
                            (i) entities at the State or local level
                        that disseminate Holocaust education curricula;
                        or
                            (ii) local Holocaust museums and centers;
            (4) determine--
                    (A) the range of intended outcomes from a Holocaust
                education unit at the State and local educational
                agency level; and
                    (B) the methods educators are using that result in
                successfully achieving intended learning outcomes,
                which may include--
                            (i) in-class discussion;
                            (ii) educational activities conducted
                        outside the classroom, including homework
                        assignments and experiential learning involving
                        State and local organizations, such as museums
                        and cultural centers;
                            (iii) project-based learning;
                            (iv) educational materials and activities
                        that are developmentally appropriate and taught
                        through a trauma-informed lens; and
                            (v) integration of lessons from the
                        Holocaust across the curriculum and throughout
                        the school year;
            (5) identify the types of instructional materials used to
        teach students about the Holocaust, including the use of
        primary source material;
            (6) identify--
                    (A) in what disciplines the Holocaust is being
                taught;
                    (B) the amount of time allotted in the required
                curriculum to teach about the Holocaust; and
                    (C) the comprehensiveness of the Holocaust
                education curriculum taught in public elementary
                schools and secondary schools, as indicated by the
                extent to which the curriculum addresses all elements
                and aspects of the Holocaust and is based on reliable
                educational resources, such as resources provided by
                the United States Holocaust Memorial Museum; and
            (7) identify the approaches used by public elementary
        schools and secondary schools to assess outcomes using
        traditional and nontraditional assessments, including
        assessments of--
                    (A) students' knowledge of the Holocaust; and
                    (B) students' ability to identify and analyze
                antisemitism, bigotry, hate, and genocide in historical
                and contemporary contexts.
    (c) Report.--
            (1) In general.--Following the completion of the study
        under subsection (a), the USHMM Director shall prepare and
        submit to Congress a report on the results of the study.
            (2) Deadline for submittal.--The report under paragraph (1)
        shall be submitted not later than the earlier of--
                    (A) 180 days after the completion of the study
                under subsection (a); or
                    (B) 3 years after the date of enactment of this
                Act.
    (d) Definitions.--In this section:
            (1) ESEA terms.--The terms ``elementary school'', ``local
        educational agency'', ``secondary school'', and ``State'' have
        the meanings given those terms in section 8101 of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7801).
            (2) Holocaust.--The term ``Holocaust'' has the meaning
        given that term in section 3 of the Never Again Education Act
        (Public Law 116-141; 36 U.S.C. 2301 note).
            (3) Holocaust education.--The term ``Holocaust education''
        means educational activities that are specifically intended--
                    (A) to improve students' awareness and
                understanding of the Holocaust;
                    (B) to educate students on the lessons of the
                Holocaust as a means to raise awareness about the
                importance of preventing genocide, hate, and bigotry
                against any group of people; and
                    (C) to study the history of antisemitism, its deep
                historical roots, the use of conspiracy theories and
                propaganda that target the Jewish people, and the
                shapeshifting nature of antisemitism over time.
            (4) Project-based learning.--The term ``project-based
        learning'' means a teaching method through which students learn
        by actively engaging in real-world and personally meaningful
        projects.

SEC. 11. NONPROFIT SECURITY GRANT PROGRAM.

    Section 2009 of the Homeland Security Act of 2002 (6 U.S.C. 609a)
is amended--
            (1) by redesignating subsection (i) as subsection (k); and
            (2) by inserting after subsection (h) the following:
    ``(i) Sufficient Personnel and Resources.--The Administrator shall
ensure that the Federal Emergency Management Agency has sufficient
personnel and resources to carry out this section.
    ``(j) Publicly Available Information.--Not later than 1 year after
the date of enactment of this subsection, and annually thereafter, the
Administrator shall make publicly available information relating to,
with respect to the previous fiscal year--
            ``(1) the number of applications received for a grant under
        this section;
            ``(2) the number of grants awarded under this section; and
            ``(3) the number of qualified entities that applied for a
        grant under this section and did not receive the grant.''.

SEC. 12. AUTHORIZING THE DESIGNATION OF JEWISH AMERICAN HERITAGE MONTH.

    (a) In General.--Chapter 1 of title 36, United States Code, is
amended by adding at the end the following:
``Sec. 149. Jewish American Heritage Month
    ``(a) Designation.--There shall be designated a `Jewish American
Heritage Month'.
    ``(b) Federal Proclamation.--The President is authorized and
requested to issue annually a proclamation calling on the people of the
United States to observe the month designated in subsection (a) with
appropriate programs, ceremonies, and activities.
    ``(c) State Proclamations.--The chief executive officer of each
State is requested to issue annually a proclamation calling on the
people of the State to observe the month designated in subsection (a)
with appropriate programs, ceremonies, and activities.
    ``(d) Definition.--For purposes of subsection (c), the term `State'
means any of the several States, the District of Columbia, the Virgin
Islands of the United States, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Republic of the Marshall Islands, the Federated States of Micronesia,
and Palau.''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 36, United States Code, is amended by adding at the
end the following:

``149. Jewish American Heritage Month.''.
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