[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4091 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4091
To strengthen Federal efforts to counter antisemitism in the United
States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 9, 2024
Ms. Rosen (for herself and Mr. Lankford) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
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.--May is `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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