36 U.S.C. § 2301 — Establishment of the United States Holo-

Page 68 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2115 by an action in the district courts under any law providing for the protection of such marks, copyrights, or patents. (d) LEGAL REPRESENTATION.—The Attorney General shall furnish the Commission with such legal representation as the Commission may re- quire under subsection (c). The Secretary of De- fense shall provide representation for the Com- mission in administrative proceedings before the Patent and Trademark Office and Copyright Of- fice. (e) IRREVOCABILITY OF TRANSFERS OF COPY- RIGHTS TO COMMISSION.—Section 203 of title 17 shall not apply to any copyright transferred in any manner to the Commission. (Added Pub. L. 106–117, title VI, § 603(a), Nov. 30, 1999, 113 Stat. 1579.) § 2115. Acquisition, operation, and maintenance of Lafayette Escadrille Memorial The American Battle Monuments Commission may enter into an agreement with the Lafayette Escadrille Memorial Foundation to acquire, op- erate, and maintain the Lafayette Escadrille Memorial in Marnes-la-Coquette, France. Under such an agreement, the Commission shall make necessary arrangements to ensure the ongoing maintenance of the memorial, including the cemetery at the memorial that contains the re- mains of 49 aviators of the United States who died during World War I. (Added Pub. L. 114–227, § 1(a), Sept. 29, 2016, 130 Stat. 934.) CHAPTER 23—UNITED STATES HOLOCAUST MEMORIAL MUSEUM Sec. 2301. Establishment of the United States Holocaust Memorial Museum; functions. 2302. Functions of the Council; membership. 2303. Compensation; travel expenses; full-time offi- cers or employees of United States or Mem- bers of Congress. 2304. Administrative provisions. 2305. Staff. 2306. Insurance for Museum. 2307. Gifts, bequests, and devises of property; tax treatment. 2308. Annual report. 2309. Audit of financial transactions. 2310. Authorization of appropriations. Editorial Notes PRIOR PROVISIONS A prior chapter 23, consisting of sections 2301 to 2309, related to the United States Holocaust Memorial Coun- cil, prior to the general amendment of this chapter by Pub. L. 106–292, § 1. AMENDMENTS 2006—Pub. L. 109–284, § 5(3), Sept. 27, 2006, 120 Stat. 1211, substituted ‘‘Museum’’ for ‘‘museum’’ in item 2306. § 2301. Establishment of the United States Holo- caust Memorial Museum; functions The United States Holocaust Memorial Mu- seum (hereafter in this chapter referred to as the ‘‘Museum’’) is an independent establishment of the United States Government. The Museum shall— (1) provide for appropriate ways for the Na- tion to commemorate the Days of Remem- brance, as an annual, national, civic com- memoration of the Holocaust, and encourage and sponsor appropriate observances of such Days of Remembrance throughout the United States; (2) operate and maintain a permanent living memorial museum to the victims of the Holo- caust, in cooperation with the Secretary of the Interior and other Federal agencies as pro- vided in section 2304 of this title; and (3) carry out the recommendations of the President’s Commission on the Holocaust in its report to the President of September 27, 1979, to the extent such recommendations are not otherwise provided for in this chapter. (Added Pub. L. 106–292, § 1, Oct. 12, 2000, 114 Stat. 1030; amended Pub. L. 109–284, § 5(4), Sept. 27, 2006, 120 Stat. 1211; Pub. L. 113–237, § 3(c)(2), Dec. 18, 2014, 128 Stat. 2840.) Editorial Notes PRIOR PROVISIONS A prior section 2301, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1277, related to the establishment and purposes of the Holocaust Memorial Council, prior to the general amendment of this chapter by Pub. L. 106–292. AMENDMENTS 2014—Par. (2). Pub. L. 113–237 substituted ‘‘section 2304’’ for ‘‘section 2306’’. 2006—Pub. L. 109–284 substituted ‘‘United States Gov- ernment’’ for ‘‘United State Government’’ in introduc- tory provisions. Statutory Notes and Related Subsidiaries SUPPORT FOR HOLOCAUST EDUCATION PROGRAMS Pub. L. 116–141, May 29, 2020, 134 Stat. 636, as amended by Pub. L. 118–197, § 2, Dec. 23, 2024, 138 Stat. 2677, pro- vided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Never Again Edu- cation Act’. ‘‘SEC. 2. FINDINGS. ‘‘The Congress finds the following: ‘‘(1) The United States has demonstrated a commit- ment to remembrance and education about the Holo- caust through bilateral relationships and engagement in international organizations such as the United Na- tions and the International Holocaust Remembrance Alliance; the United States works to promote Holo- caust education as a means to understand the impor- tance 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 pre- serving the memory of the Holocaust and promoting awareness, including by authorizing the United States Holocaust Memorial Museum as an inde- pendent establishment of the Federal Government to ensure that ‘the study of the Holocaust become part of the curriculum in every school system in the coun- try’, 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 edu- cation about the events of the Holocaust such as the German Nazis’ racist ideology, propaganda, and plan Page 69 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2301 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 pu- rity, political, ideological, and behavioral grounds, among them Roma, the disabled, the Slavs, Com- munists, Socialists, Jehovah’s Witnesses, and homo- sexuals. ‘‘(4) As intolerance, antisemitism, and bigotry are promoted by hate groups, Holocaust education pro- vides 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 oppression of others; learning how and why the Holocaust happened is an important component of the education of citi- zens of the United States. ‘‘(5) Today, those who deny that the Holocaust oc- curred 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 im- perative 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 Hol- ocaust 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, in- cluding those in underserved communities, can and should deliver quality Holocaust education. ‘‘(7) For more than 30 years, the United States Hol- ocaust 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 estab- lished under Federal law, can assist teachers in ef- forts 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 mani- festations of antisemitism are directed toward Jew- ish or non-Jewish individuals or their property, to- ward Jewish community institutions and religious fa- cilities. ‘‘(2) DIRECTOR.—The term ‘Director’ means the Di- rector of the United States Holocaust Memorial Mu- seum. ‘‘(3) ELIGIBLE PROGRAM PARTICIPANT.—The term ‘eli- gible 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 Ele- mentary 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 elemen- tary school or secondary school (as such terms are so defined) that is independent of any local edu- cational agency; or ‘‘(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 perse- cution and murder of 6,000,000 Jews by the Nazi re- gime and its allies and collaborators. During the era of the Holocaust, German authorities also targeted other groups because of their perceived ‘racial inferi- ority’, such as Roma, the disabled, and Slavs. Other groups were persecuted on political, ideological, and behavioral grounds, among them Communists, So- cialists, 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 prin- cipal elements, including collaborators and allies of Nazi Germany, to blame the Jews for causing their own genocide, or to portray the Holocaust as a posi- tive historical event. ‘‘(6) HOLOCAUST EDUCATION CENTER.—The term ‘Hol- ocaust education center’ means an institution that furthers the teaching and learning about the Holo- caust by offering programs for students and training for teachers and other types of professional leader- ship 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 succeeding fiscal year through fiscal year 2030. ‘‘(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 appro- priated under subsection (a) and resources received under subsection (b), and including through the engage- ment of eligible program participants as appropriate— ‘‘(1) shall develop and nationally disseminate accu- rate, relevant, and accessible resources to promote understanding about how and why the Holocaust hap- pened, which shall include digital resources and may include other types of resources, such as print re- sources and traveling exhibitions; and ‘‘(2) may carry out one or more of the following Holocaust education program activities: ‘‘(A) Development, dissemination, and implemen- tation of principles of sound pedagogy for teaching about the Holocaust. ‘‘(B) Provision of professional development for el- igible program participants, such as through— ‘‘(i) local, regional, and national workshops; ‘‘(ii) teacher trainings in conjunction with Hol- ocaust 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) [prob- ably means 20 U.S.C. 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 Page 70 TITLE 36—PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND ORGANIZATIONS § 2302 ‘‘(iv) operation and expansion of a teacher fel- lowship program to cultivate and support leaders in Holocaust education. ‘‘(C) Engagement with State and local education leaders to encourage the adoption of resources sup- ported under this Act into curricula across diverse disciplines. ‘‘(D) Evaluation and research to assess the effec- tiveness and impact of Holocaust education pro- grams, which may include completion of the report required under section 8. ‘‘(d) APPLICATIONS.—The Director may seek the en- gagement of an eligible program participant under sub- section (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 re- quire. ‘‘SEC. 5. ONLINE HOLOCAUST EDUCATION RE- SOURCES. ‘‘(a) WEBSITE.—The Director shall maintain on the website of the United States Holocaust Memorial Mu- seum a special section designated for Holocaust edu- cation resources to improve awareness and under- standing of the Holocaust and educate individuals on the lessons of the Holocaust as a means to raise aware- ness about the importance of preventing genocide, hate, and bigotry against any group of people. The website and resources shall be made publically avail- able. ‘‘(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 in- quiries for supplementary information concerning such activities. ‘‘(c) BEST PRACTICES.—The information distributed by the Director shall include best practices for edu- cators. ‘‘SEC. 6. UNITED STATES HOLOCAUST MEMORIAL COUNCIL. ‘‘The United States Holocaust Memorial Council es- tablished under section 2302 of title 36, United States Code, shall have governance responsibility for the pro- grams and activities carried out under this Act in ac- cordance 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 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 pe- riod determined by the Director. ‘‘(c) PRIORITY.—In engaging eligible program partici- pants 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 Holo- caust 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 ac- tivities carried out under this Act.’’ TRANSFER OF AUDITORS WEST BUILDING (ANNEX 3); RESPONSIBILITY FOR REPAIRS AND ALTERATIONS Pub. L. 101–45, title II, June 30, 1989, 103 Stat. 125, pro- vided that: ‘‘Notwithstanding any other provision of law, the Ad- ministrator of General Services (Administrator) shall transfer to the administrative jurisdiction of the Holo- caust Memorial Council (Council), without consider- ation, the Auditors West Building (Annex 3) located at Raoul Wallenberg Place and Independence Avenue Southwest, Washington, District of Columbia. ‘‘Prior to such transfer of jurisdiction to the Council, the Council shall agree to perform all necessary repairs and alterations to the Auditors West Building so as to renovate the exterior of the Auditors West Building in a manner consistent with preservation of the historic architecture of the building, and to preserve the struc- tural integrity of the building. The Council, prior to such transfer, shall furnish to the Administrator, for his approval, a plan detailing the repairs and alter- ations proposed, dates for completion of the work, and funding availability. ‘‘In the event the Council ceases to exist, administra- tive jurisdiction of the Auditors West Building (Annex 3) shall revert to the General Services Administra- tion.’’ § 2302. Functions of the Council; membership (a) IN GENERAL.—The United States Holocaust Memorial Council (hereafter in this chapter re- ferred to as the ‘‘Council’’) shall be the board of trustees of the Museum and shall have overall governance responsibility for the Museum, in- cluding policy guidance and strategic direction, general oversight of Museum operations, and fi- duciary responsibility. The Council shall estab- lish an Executive Committee which shall exer- cise ongoing governance responsibility when the Council is not in session. (b) COMPOSITION OF COUNCIL; APPOINTMENT; VA- CANCIES.—The Council shall consist of 65 voting members appointed (except as otherwise pro- vided in this section) by the President and the following ex officio nonvoting members: (1) One appointed by the Secretary of the In- terior. (2) One appointed by the Secretary of State. (3) One appointed by the Secretary of Edu- cation. Of the 65 voting members, five shall be ap- pointed by the Speaker of the United States House of Representatives from among Members of the United States House of Representatives and five shall be appointed by the President pro tempore of the United States Senate upon the recommendation of the majority and minority leaders from among Members of the United States Senate. Any vacancy in the Council shall be filled in the same manner as the original ap- pointment was made. (c) TERM OF OFFICE.— (1) Except as otherwise provided in this sub- section, Council members shall serve for 5- year terms. (2) The terms of the five Members of the United States House of Representatives and the five Members of the United States Senate appointed during any term of Congress shall expire at the end of such term of Congress. (3) Any member appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member, other than a Member of Congress appointed by the Speaker of the United States House of Representatives or the President pro tempore of the United States Senate, may serve after the expiration of his term until his successor has taken office.