[116th Congress Public Law 141]
[From the U.S. Government Publishing Office]
[[Page 635]]
NEVER AGAIN EDUCATION ACT
[[Page 134 STAT. 636]]
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:
[[Page 134 STAT. 639]]
(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.
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