II 118th CONGRESS 2d Session S. 4091 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.

1. Short title This Act may be cited as the Countering Antisemitism Act . 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. . 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: 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. .