Never Again Education Act
PL 116-141 (H.R.943), enacted 05/29/2020

[116th Congress Public Law 141]
[From the U.S. Government Publishing Office]



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                        NEVER AGAIN EDUCATION ACT

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Public Law 116-141
116th Congress

                                 An Act


 
To authorize the Director of the United States Holocaust Memorial Museum 
         to support Holocaust education programs, and for other 
             purposes. <<NOTE: May 29, 2020 -  [H.R. 943]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Never Again 
Education Act. 36 USC 2301 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Never Again Education Act''.
SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The United States has demonstrated a commitment to 
        remembrance and education about the Holocaust through bilateral 
        relationships and engagement in international organizations such 
        as the United Nations and the International Holocaust 
        Remembrance Alliance; the United States works to promote 
        Holocaust education as a means to understand the importance of 
        democratic principles, use and abuse of power, and to raise 
        awareness about the importance of genocide prevention today.
            (2) The Congress has played a critical role in preserving 
        the memory of the Holocaust and promoting awareness, including 
        by authorizing the United States Holocaust Memorial Museum as an 
        independent establishment of the Federal Government to ensure 
        that ``the study of the Holocaust become part of the curriculum 
        in every school system in the country'', as well as by 
        establishing a national Holocaust Remembrance Day in 1978.
            (3) 75 years after the conclusion of World War II, with the 
        decreasing number of eyewitnesses and growing distance of 
        students and their families from this history, it is important 
        to institutionalize education about the events of the Holocaust 
        such as the German Nazis' racist ideology, propaganda, and plan 
        to lead a state to war and, with their collaborators, kill 
        millions--including the systematic murder of 6,000,000 Jewish 
        people; as well as the persecution and murder of millions of 
        others in the name of racial purity, political, ideological, and 
        behavioral grounds, among them Roma, the disabled, the Slavs, 
        Communists, Socialists, Jehovah's Witnesses, and homosexuals.
            (4) As intolerance, antisemitism, and bigotry are promoted 
        by hate groups, Holocaust education provides a context in which 
        to learn about the danger of what can happen when hate goes 
        unchallenged and there is indifference in the face of the

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        oppression of others; learning how and why the Holocaust 
        happened is an important component of the education of citizens 
        of the United States.
            (5) Today, those who deny that the Holocaust occurred or 
        distort the true nature of the Holocaust continue to find 
        forums, especially online; this denial and distortion dishonors 
        those who were persecuted, and murdered, making it even more of 
        a national imperative to educate students in the United States 
        so that they may explore the lessons that the Holocaust provides 
        for all people, sensitize communities to the circumstances that 
        gave rise to the Holocaust, and help youth be less susceptible 
        to the falsehood of Holocaust denial and distortion and to the 
        destructive messages of hate that arise from Holocaust denial 
        and distortion.
            (6) Currently, 12 States (California, Connecticut, Florida, 
        Illinois, Indiana, Kentucky, Michigan, New Jersey, New York, 
        Oregon, Pennsylvania, and Rhode Island) require by law that 
        schools teach students about the Holocaust; more schools and 
        teachers, including those in underserved communities, can and 
        should deliver quality Holocaust education.
            (7) For more than 30 years, the United States Holocaust 
        Memorial Museum has worked to build and support the field of 
        Holocaust education, and advance the quality and sustainability 
        of Holocaust education at the local, State, and national levels, 
        by engaging teachers and students across disciplines and grade 
        levels.
            (8) The Federal Government, through support for educational 
        activities of national museums established under Federal law, 
        can assist teachers in efforts to incorporate historically 
        accurate instruction on human rights atrocities, including the 
        Holocaust, in curricula.
SEC. 3. DEFINITIONS.

    In this Act:
            (1) Antisemitism.--The term ``antisemitism'' means a certain 
        perception of Jews, which may be expressed as hatred toward 
        Jews. Rhetorical and physical manifestations of antisemitism are 
        directed toward Jewish or non-Jewish individuals or their 
        property, toward Jewish community institutions and religious 
        facilities.
            (2) Director.--The term ``Director'' means the Director of 
        the United States Holocaust Memorial Museum.
            (3) Eligible program participant.--The term ``eligible 
        program participant'' means--
                    (A) a high school teacher, a teacher of one of the 
                middle grades, or a school leader of a high school or a 
                school that includes one of the middle grades (as such 
                terms are defined in section 8101 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 7801));
                    (B) an educational leader or expert who is not 
                employed by a local educational agency (as defined in 
                section 8101 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7801)) or an elementary school or 
                secondary school (as such terms are so defined) that is 
                independent of any local educational agency; or

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                    (C) a prospective teacher enrolled in a program of 
                postsecondary education coursework or preservice 
                clinical education.
            (4) Holocaust.--The term ``the Holocaust'' means the 
        systematic, bureaucratic, state-sponsored persecution and murder 
        of 6,000,000 Jews by the Nazi regime and its allies and 
        collaborators. During the era of the Holocaust, German 
        authorities also targeted other groups because of their 
        perceived ``racial inferiority'', such as Roma, the disabled, 
        and Slavs. Other groups were persecuted on political, 
        ideological, and behavioral grounds, among them Communists, 
        Socialists, Jehovah's Witnesses, and homosexuals.
            (5) Holocaust denial and distortion.--The term ``Holocaust 
        denial and distortion'' means discourse and propaganda that deny 
        the historical reality and the extent of the extermination of 
        the Jews by the Nazis and their accomplices during World War II, 
        known as the Holocaust. Holocaust denial refers specifically to 
        any attempt to claim that the Holocaust did not take place. 
        Holocaust distortion refers to efforts to excuse or minimize the 
        events of the Holocaust or its principal elements, including 
        collaborators and allies of Nazi Germany, to blame the Jews for 
        causing their own genocide, or to portray the Holocaust as a 
        positive historical event.
            (6) Holocaust education center.--The term ``Holocaust 
        education center'' means an institution that furthers the 
        teaching and learning about the Holocaust by offering programs 
        for students and training for teachers and other types of 
        professional leadership audiences.
            (7) Holocaust education program.--The term ``Holocaust 
        education program'' means a program that has as its specific and 
        primary purpose to improve awareness and understanding of the 
        Holocaust and educate individuals 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.
SEC. 4. PROGRAM AUTHORIZED.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act $2,000,000 for fiscal year 2021 and 
each of the 4 succeeding fiscal years.
    (b) Donations, Gifts, Bequests, and Devises of Property.--In 
accordance with chapter 23 of title 36, United States Code, and in 
furtherance of the purposes of this Act, the Director is authorized to 
solicit, accept, hold, administer, invest, and use donated funds and 
gifts, bequests, and devises of property, both real and personal.
    (c) Use of Funds.--The Director, using funds appropriated under 
subsection (a) and resources received under subsection (b), and 
including through the engagement of eligible program participants as 
appropriate--
            (1) shall develop and nationally disseminate accurate, 
        relevant, and accessible resources to promote understanding 
        about how and why the Holocaust happened, which shall include 
        digital resources and may include other types of resources, such 
        as print resources and traveling exhibitions; and
            (2) may carry out one or more of the following Holocaust 
        education program activities:

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                    (A) Development, dissemination, and implementation 
                of principles of sound pedagogy for teaching about the 
                Holocaust.
                    (B) Provision of professional development for 
                eligible program participants, such as through--
                          (i) local, regional, and national workshops;
                          (ii) teacher trainings in conjunction with 
                      Holocaust education centers and other appropriate 
                      partners;
                          (iii) engagement with--
                                    (I) local educational agencies (as 
                                defined in section 8101 of the 
                                Elementary and Secondary Education Act 
                                of 1965 (20 U.S.C. 21 7801)); and
                                    (II) high schools and schools that 
                                include one of the middle grades (as so 
                                defined) that are independent of any 
                                local educational agency; and
                          (iv) operation and expansion of a teacher 
                      fellowship program to cultivate and support 
                      leaders in Holocaust education.
                    (C) Engagement with State and local education 
                leaders to encourage the adoption of resources supported 
                under this Act into curricula across diverse 
                disciplines.
                    (D) Evaluation and research to assess the 
                effectiveness and impact of Holocaust education 
                programs, which may include completion of the report 
                required under section 8.

    (d) Applications.--The Director may seek the engagement of an 
eligible program participant under subsection (c) by requiring 
submission of an application to the Director at such time, in such 
manner, and based on such competitive criteria as the Director may 
require.
SEC. 5. ONLINE HOLOCAUST EDUCATION RESOURCES.

    (a) Website.--The Director shall maintain on the website of the 
United States Holocaust Memorial Museum a special section designated for 
Holocaust education resources to improve awareness and understanding of 
the Holocaust and educate individuals 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. The website and resources 
shall be made publically available.
    (b) Information Distribution.--The Director shall distribute 
information about the activities funded under this Act through the 
website of the United States Holocaust Memorial Museum, and shall 
respond to inquiries for supplementary information concerning such 
activities.
    (c) Best Practices.--The information distributed by the Director 
shall include best practices for educators.
SEC. 6. UNITED STATES HOLOCAUST MEMORIAL COUNCIL.

    The United States Holocaust Memorial Council established under 
section 2302 of title 36, United States Code, shall have governance 
responsibility for the programs and activities carried out under this 
Act in accordance with chapter 23 of title 36, United States Code.
SEC. 7. ENGAGEMENT OF ELIGIBLE PROGRAM PARTICIPANTS.

    (a) In General.--An eligible program participant shall be engaged at 
the discretion of the Director to participate in Holocaust

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education program activities authorized under this Act and approved by 
the Director pursuant to an application described in section 4(d).
    (b) Engagement Period.--Engagement of eligible program participants 
under this Act shall be for a period determined by the Director.
    (c) Priority.--In engaging eligible program participants under 
section 4, the Director shall give priority to applications from such 
participants who work for or with a local educational agency, or a 
school that is independent of any local educational agency, that does 
not, at the time application is made, offer any Holocaust education 
programming.
SEC. 8. ANNUAL REPORT.

    Not later than February 1 of each year, the Director shall submit to 
the Congress a report describing the activities carried out under this 
Act.

    Approved May 29, 2020.

LEGISLATIVE HISTORY--H.R. 943:
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CONGRESSIONAL RECORD, Vol. 166 (2020):
            Jan. 27, considered and passed House.
            May 13, considered and passed Senate.

                                  <all>