New Commission Gets Subpoena Power to Study Rise in Antisemitism: Report Due in One Year

This legislation establishes the Commission to Study Acts of Antisemitism in the United States, a temporary, eight-member body tasked with investigating the facts and causes behind the recent documented surge in antisemitic incidents across the country (SEC. 3). The bill cites concerning data points, including a record high of 9,354 antisemitic incidents reported in 2024 and an 84 percent jump in incidents on college campuses compared to last year (SEC. 2).

This isn't just a think tank; the Commission is set up within the legislative branch to analyze government evidence and produce a final report for the President and Congress within one year of the Act becoming law (SEC. 4, SEC. 8). The goal is to move past the headlines and provide concrete, actionable recommendations for new laws or administrative changes to combat this specific form of hate.

Who’s on the Team and How They Get Paid

The structure of the Commission ensures a bipartisan approach, which is crucial for tackling sensitive issues. The eight members are appointed by the leadership in the House and Senate (two from each of the four leaders), with the catch that no more than four members can belong to the same political party (SEC. 5). This balance is designed to keep the analysis grounded in facts rather than partisan takes.

For those serving on the Commission, there’s a paycheck involved: members will be paid the daily equivalent of Level III of the Executive Schedule for the days they work, plus reimbursement for travel, food, and lodging (SEC. 5). However, if you’re already a full-time federal employee or a Member of Congress, you’re serving for free—no double-dipping on the taxpayer dime.

The Commission’s Investigative Toolkit

To ensure the Commission can get the data it needs, the bill grants it significant investigative powers (SEC. 7). Specifically, the Commission can hold hearings, gather testimony, and, most notably, issue subpoenas to force people to show up and talk or bring in evidence. This power is shared between the Chairperson and Vice Chairperson or requires a majority vote of the members.

This subpoena power comes with a serious provision: witness immunity (SEC. 7). If the Commission compels a witness to testify after they claim their Fifth Amendment right against self-incrimination, that testimony can’t be used against them in a criminal prosecution later. The only exception is if they lie under oath (perjury)—then they’re still on the hook. While this tool is necessary for getting tough information, it’s a big grant of power that needs careful oversight to ensure it’s used appropriately and doesn’t unduly burden the individuals or organizations called to testify.

Defining the Scope and the Clock

The Commission’s work is focused solely on “antisemitism,” which the bill defines as a specific view of Jewish people that manifests as hatred through “rhetorical and physical manifestations” directed at people, property, institutions, or places of worship (SEC. 9). This definition sets the boundaries for their investigation.

The clock is ticking from the start. The Commission must submit its detailed findings and recommendations within one year (SEC. 8). Crucially, this body is temporary: once that final report is sent, the Commission has only 120 days to wrap up its administrative tasks and officially terminate. This ensures the study is focused, timely, and doesn't become another permanent government fixture.