[House Report 118-598]
[From the U.S. Government Publishing Office]


118th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      118-598

======================================================================



 
      NEVER AGAIN EDUCATION REAUTHORIZATION AND STUDY ACT OF 2024

                                _______
                                

 July 18, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Ms. Foxx, from the Committee on Education and the Workforce, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 8606]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 8606) to reauthorize the Director of 
the United States Holocaust Memorial Museum to support 
Holocaust education programs, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Never Again Education Reauthorization 
and Study Act of 2024''.

SEC. 2. REAUTHORIZATION.

  (a) Authorization of Appropriations.--Section 4(a) of the Never Again 
Education Act (Public Law 116-141) is amended by striking ``each of the 
4 succeeding fiscal years'' and inserting ``each succeeding fiscal year 
through fiscal year 2030''.
  (b) Use of Funds.--Section 4(c)(2)(D) of such Act (Public Law 116-
141) is amended by inserting before the period at the end the 
following: ``, and completion of the study and report required under 
section 9''.

SEC. 3. STUDY AND REPORT ON HOLOCAUST EDUCATION.

   The Never Again Education Act (Public Law 116-141) is amended by 
adding at the end the following new section:

``SEC. 9. STUDY AND REPORT ON HOLOCAUST EDUCATION.

  ``(a) In General.--The Director shall--
          ``(1) beginning not later than 180 days after the date of 
        enactment of this section, and ending not later than 18 months 
        after such date of enactment--
                  ``(A) identify a nationally representative sample of 
                States and local educational agencies; and
                  ``(B) conduct a study on the Holocaust education 
                program activities being carried out in such States and 
                local educational agencies; and
          ``(2) not later than 180 days after the completion of such 
        study, prepare and submit to Congress a report on such study.
  ``(b) Elements.--In conducting the study under subsection (a) with 
respect to the States and local educational agencies identified under 
paragraph (1)(A) of such subsection, the Director shall--
          ``(1) identify the States and local educational agencies that 
        require Holocaust education program activities as part of the 
        curriculum taught in public secondary schools, and of the 
        States and local educational agencies so identified, which of 
        such States and local educational agencies also provide 
        optional Holocaust education program activities as part of such 
        curriculum;
          ``(2) identify the States and local educational agencies that 
        do not require Holocaust education program activities as part 
        of such curriculum, and of the States and local educational 
        agencies so identified, which of such States and local 
        educational agencies provide optional Holocaust education 
        program activities as part of such curriculum;
          ``(3) determine the extent to which the States have developed 
        standards and other requirements for Holocaust education 
        programs provided in public secondary schools served by the 
        local educational agencies in such State, and summarize the 
        status of the implementation of such standards and requirements 
        in such local educational agencies, including--
                  ``(A) any centralized apparatus at the State or local 
                level that collects and disseminates Holocaust 
                education program curricula and materials;
                  ``(B) any Holocaust education program professional 
                development opportunities for preservice and in-service 
                educators;
                  ``(C) the involvement of Holocaust education centers 
                (including local Holocaust centers), museums (including 
                local Holocaust museums), cultural centers, and other 
                informal educational organizations in implementing 
                Holocaust education programs;
                  ``(D) the adoption of United States Holocaust 
                Memorial Museum resources (including the resources 
                developed and disseminated pursuant to section 4(c)(1)) 
                by entities at the State or local level, including 
                local Holocaust museums and centers that disseminate 
                Holocaust education program curricula; and
                  ``(E) criteria used by such States and local 
                educational agencies to evaluate the effectiveness of 
                Holocaust education programs offered in such States and 
                local educational agencies;
          ``(4) determine the methods educators in the public secondary 
        schools in the States and local educational agencies are using 
        that result in students successfully achieving intended 
        learning outcomes;
          ``(5) identify the approaches used by the States and local 
        educational agencies to assess the achievement of such intended 
        learning outcomes;
          ``(6) identify the types of instructional materials used in 
        such public secondary schools to teach students about the 
        Holocaust, including the use of primary source material;
          ``(7) identify the extent to which Holocaust education 
        programs at such public secondary schools teach 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; and
          ``(8) identify--
                  ``(A) in what disciplines the Holocaust is being 
                taught at such public secondary schools; and
                  ``(B) in the case of the public secondary schools in 
                the States and local educational agencies identified 
                under paragraph (1), the amount of time allotted in the 
                required curriculum to teach about the Holocaust.
  ``(c) Definitions.--In this section, the terms `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).''.

                                Purpose

    The purpose of H.R. 8606, the Never Again Education 
Reauthorization and Study Act of 2024, is to reauthorize the 
Director of the United States Holocaust Memorial Museum 
(Holocaust Museum) to support Holocaust education programs and 
to direct the Holocaust Museum to study Holocaust education 
program activities in public secondary schools.

                            Committee Action


                             116TH CONGRESS

First Session--Legislative Action

    On January 31, 2019, Representative Carolyn Maloney (D-NY) 
introduced H.R. 943, the Never Again Education Act, with 
Representatives Kathy Manning (D-NC), Elise Stefanik (R-NY), 
Josh Gottheimer (D-NJ), Joe Wilson (R-SC), Debbie Wasserman 
Schultz (D-FL), John Moolenaar (R-MI), and Brian Fitzpatrick 
(R-PA) as original co-sponsors. The bill was referred to the 
Committee on Education and Labor.

Second Session--Legislative Action

    On January 27, 2020, the House considered H.R. 943 under 
suspension of the rules. The House agreed to suspend the rules 
and pass the bill as amended by a vote of 393-5. H.R. 943 
passed the Senate without amendment by voice vote on May 13, 
2020. President Trump signed the bill into law on May 29, 2020.

                             118TH CONGRESS

First Session--Hearings

    On November 14, 2023, the Subcommittee on Higher Education 
and Workforce Development held a hearing on ``Confronting the 
Scourge of Antisemitism on Campus.'' The purpose of the hearing 
was to discuss antisemitism on college campuses. Testifying 
before the Subcommittee were Rabbi Moshe Hauer, Executive Vice 
President, Orthodox Union, New York, NY; Mr. Kenneth L. Marcus, 
Esq., Founder and Chairman, Brandeis Center, Washington, DC; 
Ms. Stacy Burdett, Independent Consultant in Antisemitism 
Prevention and Response, Silver Spring, MD; and Ms. Sahar 
Tartak, Student, Yale University, New Haven, CT.
    On December 5, 2023, the full Committee held a hearing on 
``Holding Campus Leaders Accountable and Confronting 
Antisemitism.'' The purpose of the hearing was to discuss 
antisemitism on college campuses with key college presidents. 
Testifying before the Committee were Dr. Claudine Gay, 
President, Harvard University, Cambridge, MA; Ms. Liz Magill, 
President, University of Pennsylvania, Philadelphia, PA; Dr. 
Pamela Nadell, Professor of History and Jewish Studies, 
American University, Washington, DC; and Dr. Sally Kornbluth, 
President, Massachusetts Institute of Technology, Cambridge, 
MA.

Legislative Action

    On November 30, 2023, Representative Earl L. ``Buddy'' 
Carter introduced H.R. 6516, the Never Again Education 
Reauthorization Act of 2023, with Representatives Manning, 
Stefanik, Wilson, Wasserman Schultz, John Moolenaar (R-MI), and 
Fitzpatrick as original co-sponsors. The bill was referred 
solely to the Committee on Education and the Workforce.

Section Session--Hearings

    On May 8, 2024, the Subcommittee on Early Childhood, 
Elementary, and Secondary Education held a hearing on 
``Confronting Pervasive Antisemitism In K-12 Schools.'' The 
purpose of the hearing was to discuss antisemitism in K-12 
schools. Testifying before the Subcommittee were Mr. David 
Banks, Chancellor, New York City Public Schools, New York City 
Department of Education, New York, NY; Ms. Karla Silvestre, 
President, Montgomery County Board of Education, Montgomery 
County Public Schools, Rockville, MD; Mr. Emerson Sykes, Senior 
Staff Attorney, American Civil Liberties Union, New York, NY; 
and Ms. Enikia Ford Morthel, Superintendent, Berkeley Unified 
School District, Berkeley, CA.
    On May 23, 2024, the full Committee held a hearing on 
``Calling for Accountability: Stopping Antisemitic College 
Chaos.'' The purpose of the hearing was to examine antisemitism 
and responses to protest encampments on college campuses. 
Testifying before the Committee were Mr. Michael Schill, 
President, Northwestern University, Evanston, IL; Dr. Jonathan 
Holloway, President, Rutgers, the State University of New 
Jersey, New Brunswick, NJ; Mr. Frederick M. Lawrence, Secretary 
and CEO, Phi Beta Kappa Society, Washington, DC; and Dr. Gene 
Block, Chancellor, University of California at Los Angeles, Los 
Angeles, CA.

Legislative Action

    On June 4, 2024, Representative Carter introduced H.R. 
8606, the Never Again Education Reauthorization and Study Act 
of 2024, with Representatives Manning, Stefanik, Wilson, 
Wasserman Schultz, Moolenaar, Fitzpatrick, and Gottheimer as 
original co-sponsors. The bill was referred solely to the 
Committee on Education and the Workforce. On June 13, 2024, the 
Committee considered H.R. 8606 in legislative session and 
reported it favorably, as amended, to the House of 
Representatives by a recorded vote of 40-0. The Committee 
adopted the following amendment to H.R. 8606:
          1. Representative Wilson offered an Amendment in the 
        Nature of a Substitute (ANS) that removes language 
        related to elementary schools and adds language to 
        ensure the study authorized under the bill determines 
        the criteria used by states and local educational 
        agencies to evaluate the effectiveness of Holocaust 
        education programs.

                            Committee Views


                              INTRODUCTION

    H.R. 8606, the Never Again Education Reauthorization and 
Study Act of 2024, updates and extends the authorization for 
the Never Again Education Act, P.L. 116-141. Renewing and 
updating this law will allow the Holocaust Museum to continue 
its important work expanding Holocaust education programs in 
our nation's schools.

Reauthorization of Core Activities

    In May 2020, Congress passed with overwhelming bipartisan 
support and President Trump signed into law the Never Again 
Education Act. This law authorizes $2 million for the Holocaust 
Museum to create and disseminate educational resources on how 
and why the Holocaust happened. The Holocaust Museum is also 
authorized to disseminate professional development materials 
for educators, engage with state and local education leaders to 
encourage the adoption of education materials into school 
curricula, and evaluate the effectiveness and impact of 
Holocaust education programs. H.R. 8606 extends the 
authorization of this law through fiscal year (FY) 2030.

Study of Holocaust Education in Public Secondary Schools

    The bill also directs the Holocaust Museum to study the 
implementation of Holocaust education program activities in 
public secondary schools in a nationally representative sample 
of states and school districts. As we deal with the increase of 
antisemitic and other bias based offenses on our college 
campuses, it is critically important that we examine the extent 
to which states and school districts are teaching students 
about the Holocaust. The bill also includes language directing 
the Holocaust Museum to identify, as part of the study, the 
extent to which Holocaust education programs teach about 
antisemitism and its deep historical roots.

                               CONCLUSION

    The world recently celebrated the Allied victory at 
Normandy 80 years ago. We were reminded of what our heroes 
fought for and against. Unfortunately, we have seen an increase 
in antisemitic and other bias-based offenses on college 
campuses, demonstrating that the hate and bigotry that 
motivated the Nazis is still present in our society. Expanding 
the presence of Holocaust education programs in schools will 
increase the knowledge of basic facts related to the Holocaust, 
and that's important. But more importantly, it will give high 
school students a greater understanding of the ancient scourge 
of antisemitism and provide them intellectual and moral tools 
to fight against it and to prevent genocide, hate, and bigotry 
against any group of people.

                                Summary

    H.R. 8606, the Never Again Education Reauthorization and 
Study Act of 2024, extends the authorization of the Never Again 
Education Act through FY 2030. The bill also directs the 
Holocaust Museum to study and evaluate the effectiveness of 
Holocaust education program activities in a nationally 
representative sample of states and local educational agencies.

                  H.R. 8606 Section-by-Section Summary


Section 1--Short title

     Names the bill the Never Again Education 
Reauthorization and Study Act of 2024.

Section 2--Reauthorization

     The bill extends the authorization of the Never 
Again Education Act through FY 2030.
     The bill amends the law's use of funds to allow 
the Holocaust Museum to use funds appropriated under the law 
for the study required by section 3 of the bill.

Section 3--Study and report on Holocaust education

     The bill amends the Never Again Education Act to 
require the Holocaust Museum to conduct a study of a nationally 
representative sample of states and school districts.
           The study must begin within 180 days of 
        the bill's enactment and be concluded within 18 months 
        of the date of enactment.
           The study must examine various elements 
        of Holocaust education program activities being carried 
        out in public secondary schools in those states and 
        school districts.
     Within 180 days of completion of the study, the 
Holocaust Museum must prepare and submit to Congress a report 
on the study.
     The bill defines terms that are defined under the 
Elementary and Secondary Education Act.

                       Explanation of Amendments

    The amendments, including the amendment in the nature of a 
substitute, are explained in the body of this report.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. H.R. 8606 reauthorizes the Director of the United 
States Holocaust Memorial Museum (Holocaust Museum) to support 
Holocaust education programs and to direct the Holocaust Museum 
to study Holocaust education program activities in public 
secondary schools. H.R. 8606 is applicable to public secondary 
schools and therefore does not apply to the Legislative Branch.

                       Unfunded Mandate Statement

    Pursuant to Section 423 of the Congressional Budget and 
Impoundment Control Act of 1974, Pub. L. No. 93-344 (as amended 
by Section 101(a)(2) of the Unfunded Mandates Reform Act of 
1995, Pub. L. No. 104-4), the Committee adopts as its own the 
cost estimate prepared by the Director of the Congressional 
Budget Office (CBO) pursuant to section 402 of the 
Congressional Budget and Impoundment Control Act of 1974.

                           Earmark Statement

    H.R. 8606 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of House rule XXI.

                            Roll Call Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

         Statement of General Performance Goals and Objectives

    In accordance with clause (3)(c) of House rule XIII, the 
goal of H.R. 8606 is to reauthorize funding levels established 
in P.L. 116-141 and authorize a study of Holocaust education 
programs.

                    Duplication of Federal Programs

    No provision of H.R. 8606 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the committee's oversight findings and recommendations are 
reflected in the body of this report.

                       Required Committee Hearing

    In compliance with clause 3(c)(6) of rule XIII the 
following hearing held during the 118th Congress was used to 
develop or consider H.R. 8606: On May 8, 2024, the Committee on 
Education and the Workforce, Subcommittee on Early Childhood, 
Elementary, and Secondary Education, held a hearing on 
``Confronting Pervasive Antisemitism in K-12 Schools'', the 
details of which are reflected in the ``Committee Action'' 
section of this report.

               New Budget Authority and CBO Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee adopts as its 
own the cost estimate for the bill prepared by the Director of 
the Congressional Budget Office.

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    Legislation summary: On June 13, 2024, the House Committee 
on Education and the Workforce ordered to be reported eight 
bills and one joint resolution. This document provides 
estimates for seven of those bills and the resolution.
    Generally, the legislation would:
           Repeal a rule submitted by the Department of 
        Education relating to ``Nondiscrimination on the Basis 
        of Sex in Education Programs or Activities Receiving 
        Federal Financial Assistance;''
           Allow nurse practitioners and physician 
        assistants to diagnose, treat, and certify an injury 
        and extent of disability for the purposes of federal 
        workers' compensation;
           Require elementary and secondary schools and 
        institutions of higher education to meet new 
        requirements in order to maintain eligibility for 
        funding from the Department of Education;
           Prevent student athletes from being 
        considered the employees of an institution of higher 
        education; and
           Authorize appropriations for the educational 
        activities of the United States Holocaust Memorial 
        Museum.
    Estimated federal cost: The estimated costs of the 
legislation fall within budget function 500 (education, 
training, employment, and social services).
    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted near the end of fiscal year 2024. 
The estimated costs do not include any interaction effects 
among the pieces of legislation. If all seven bills and the 
resolution were combined and enacted as a single piece of 
legislation, the estimated costs could be different than the 
sum of the separate estimates, although CBO expects that any 
difference would be small.
    CBO estimates that implementing H.R. 8606 would cost $8 
million over the 2024-2029 period. Implementing the remaining 
bills and the joint resolution would each cost less than 
$500,000 over the same period. Any related spending would be 
subject to the availability of appropriated funds.
    H.J. Res. 165, a joint resolution providing for 
Congressional disapproval under chapter 8 of title 5, United 
States Code, of the rule submitted by the Department of 
Education relating to ``Nondiscrimination on the Basis of Sex 
in Education Programs or Activities Receiving Federal Financial 
Assistance'': H.J. Res 165 would disapprove the rule submitted 
by the Department of Education relating to ``Nondiscrimination 
on the Basis of Sex in Education Programs or Activities 
Receiving Federal Financial Assistance,'' as published in the 
Federal Register on April 29, 2024.
    The rule amends title IX of the Education Amendments of 
1972 (title IX), which prohibits discrimination on the basis of 
sex in any education program or activity receiving federal 
financial assistance. The rule clarifies definitions related to 
sex-based discrimination and harassment and specifies the 
requirements for grievance procedures, and requirements for 
preventing sexual discrimination and remedying its effects.
    Institutions that fail to comply with title IX, as amended 
by the rule, could lose federal funding. However, CBO expects 
that institutions will comply with the regulations to avoid 
doing so. On that basis, CBO estimates that disapproving the 
rule would not affect institutions' eligibility for federal 
student aid.
    Based on the costs of similar activities, CBO estimates 
that implementing the resolution would cost less than $500,000 
over the 2024-2029 period. Any related spending would be 
subject to the availability of appropriated funds.
    H.R. 618, Improving Access to Workers' Compensation for 
Injured Federal Workers Act: H.R. 618 would allow nurse 
practitioners and physician assistants to diagnose, prescribe 
treatment, and certify an injury and the extent of disability 
for the purpose of compensating federal workers under the 
Federal Employees' Compensation Act (FECA). Using information 
from the Department of Labor, CBO expects that nonphysician 
providers would be compensated at the same rate as physicians 
and that total benefits provided to injured federal workers 
would not significantly change. Some people may receive 
treatment more quickly under the bill, which could increase 
costs over the 10-year period because some payments to medical 
providers that would have occurred in 2035 under current law 
could be paid in 2034. On the other hand, if injured workers 
receive treatment faster, some may return to work more quickly, 
which could reduce costs. CBO has no basis to estimate which 
effect would predominate, but we expect that those effects 
would roughly offset each other. Thus, CBO estimates that 
enacting H.R. 618 would affect net direct spending by an 
insignificant amount.
    The FECA payments are mandatory. The costs of those 
payments are charged to a claimant's employing agency, which 
reimburses the Department of Labor out of its salaries and 
expense accounts. Any effect on discretionary spending would be 
subject to future appropriation actions.
    H.R. 5567, CLASS Act: H.R. 5567 would require public 
elementary and secondary schools that receive funding from the 
Department of Education to disclose to the department funds 
received or contracts signed with foreign sources that are more 
than $10,000.
    CBO expects schools would comply with the new requirements; 
thus, enacting the bill would not affect their eligibility to 
receive federal funds. Based on the costs of similar 
activities, CBO estimates that implementing the bill would cost 
the Department of Education less than $500,000 over the 2024-
2029 period. Any related spending would be subject to the 
availability of appropriated funds.
    H.R. 6816, PROTECT Our Kids Act: H.R. 6816 would prohibit 
elementary and secondary schools that receive direct or 
indirect support from the government of the People's Republic 
of China (including Confucius Institutes), from receiving funds 
from the Department of Education.
    The 2018 National Defense Authorization Act prohibited 
institutions of higher education from using federal funding for 
Chinese language programs at Confucius Institutes. As a result, 
nearly all Confucius Institutes at postsecondary institutions 
have closed, according to a Government Accountability Office 
report released in 2023.\1\ On that basis, CBO expects schools 
would comply with the new requirements; thus, enacting the bill 
would not affect their eligibility to receive federal funds.
---------------------------------------------------------------------------
    \1\Government Accountability Office, China: With Nearly All U.S. 
Confucius Institutes Closed, Some Schools Sought Alternative Language 
Support, GAO-20-105981 (October 2023), www.gao.gov/products/gao-24-
105981.
---------------------------------------------------------------------------
    Based on the costs of similar activities, CBO estimates 
that implementing the bill would cost the Department of 
Education less than $500,000 over the 2024-2029 period. Any 
related spending would be subject to the availability of 
appropriated funds.
    H.R. 8534, Protecting Student Athletes' Economic Freedom 
Act: The bill would prohibit student athletes from being 
considered an employee of an institution based on the athletes' 
participation in a varsity intercollegiate athletic program or 
competition. Based on the costs of similar activities, CBO 
estimates that implementing the bill would cost the Department 
of Education less than $500,000 over the 2024-2029 period. Any 
related spending would be subject to the availability of 
appropriated funds.
    H.R. 8606, Never Again Education Reauthorization and Study 
Act of 2024: H.R. 8606 would authorize the appropriation of $2 
million each year from 2026 through 2030 for the Director of 
the United States Holocaust Memorial Museum to support 
education and training related to the lessons of the Holocaust. 
Under current law, the authorization of appropriations for 
those activities expires at the end of 2025. The bill also 
would require the Director to conduct a study on the 
educational activities being carried out at the state and local 
level. Assuming appropriation of the authorized amounts and 
using historical spending patterns for those activities, CBO 
estimates that implementing H.R. 8606 would cost $8 million 
over the 2024-2029 period and $2 million after 2029.
    H.R 8648, Civil Rights Protection Act of 2024: H.R. 8648 
would require any institution of higher education that receives 
federal student aid to make publicly available its process for 
addressing violations of title VI of the Civil Rights Act and 
any complaints received regarding alleged violations. The bill 
also would require the Assistant Secretary for Civil Rights at 
the Department of Education to give monthly briefings on 
violations specific to race, color, or national origin, and 
report the findings of institutional complaints.
    CBO expects institutions would comply with the new 
requirements; thus, enacting the bill would not affect their 
eligibility for federal student aid. Based on the costs of 
similar activities, CBO estimates that implementing the bill 
would cost the Department of Education less than $500,000 over 
the 2024-2029 period. Any related spending would be subject to 
the availability of appropriated funds.
    H.R. 8649, Transparency in Reporting Adversarial 
Contributions to Education Act: The bill would require 
elementary and secondary schools that receive funding from the 
Department of Education to disclose to parents and the public 
any contributions received from foreign countries and the terms 
or conditions of such contributions.
    CBO expects schools would comply with the new requirements; 
thus, enacting the bill would not affect their eligibility to 
receive federal funds. Based on the costs of similar 
activities, CBO estimates that implementing the bill would cost 
the Department of Education less than $500,000 over the 2024-
2029 period. Any related spending would be subject to the 
availability of appropriated funds.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates that enacting H.R. 618 would affect net 
direct spending by less than $500,000 over the 2024-2034 
period.
    Increase in long-term net direct spending and deficits: CBO 
estimates that enacting the joint resolution or any of the 
seven bills in this estimate would not increase net direct 
spending or deficits in any of the four consecutive 10-year 
periods beginning in 2035.
    Mandates: H.R. 8534 would impose an intergovernmental 
mandate as defined in the Unfunded Mandates Reform Act (UMRA) 
by prohibiting states from designating varsity athletes of a 
school, conference, or association as employees of that entity. 
CBO estimates that the net costs of the direct effects of the 
legislation would not result in additional expenditures or 
losses in revenue; therefore, the cost of the preemption would 
not exceed the threshold established in UMRA for 
intergovernmental mandates ($100 million in 2024, adjusted 
annually for inflation).
    The bill would not impose a private-sector mandate as 
defined in UMRA.
    Enacting the legislation may result in other secondary 
effects on private entities by denying employment-related 
benefits to varsity athletes that they may otherwise have 
qualified for as an employee. However, CBO's estimate of those 
effects is subject to uncertainty because the question of 
whether athletes affected by the bill should be recategorized 
as employees of their institutions remains unsettled as court 
rulings, administrative decisions, and changes in policies of 
the National Collegiate Athletics Association are announced. 
What effect, if any, the bill would have on private entities 
would depend on the final adjudication of the matter.
    None of the remaining pieces of legislation contained in 
this estimate would impose intergovernmental or private-sector 
mandates as defined in UMRA.
    Estimate prepared by: Federal costs: Meredith Decker 
(Department of Labor); Leah Koestner (Department of Education); 
Susanne Mehlman (United States Holocaust Memorial Museum); 
Garrett Quenneville (Department of Education). Mandates: Erich 
Dvorak, Brandon Lever, and Grace Watson.
    Estimate reviewed by: Elizabeth Cove Delisle, Chief, Income 
Security Cost Estimates Unit; Justin Humphrey, Chief, Finance, 
Housing, and Education Cost Estimates Unit; Kathleen 
FitzGerald, Chief, Public and Private Mandates Unit; H. Samuel 
Papenfuss, Deputy Director of Budget Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 8606. 
However, clause 3(d)(2)(B) of that Rule provides that this 
requirement does not apply when, as with the present report, 
the Committee adopts as its own the cost estimate for the bill 
prepared by the Director of the Congressional Budget Office.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                       NEVER AGAIN EDUCATION ACT



           *       *       *       *       *       *       *
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] 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 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:
                  (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, and completion 
                of the study and report required under section 
                9.
  (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. 9. STUDY AND REPORT ON HOLOCAUST EDUCATION.

  (a) In General.--The Director shall--
          (1) beginning not later than 180 days after the date 
        of enactment of this section, and ending not later than 
        18 months after such date of enactment--
                  (A) identify a nationally representative 
                sample of States and local educational 
                agencies; and
                  (B) conduct a study on the Holocaust 
                education program activities being carried out 
                in such States and local educational agencies; 
                and
          (2) not later than 180 days after the completion of 
        such study, prepare and submit to Congress a report on 
        such study.
  (b) Elements.--In conducting the study under subsection (a) 
with respect to the States and local educational agencies 
identified under paragraph (1)(A) of such subsection, the 
Director shall--
          (1) identify the States and local educational 
        agencies that require Holocaust education program 
        activities as part of the curriculum taught in public 
        secondary schools, and of the States and local 
        educational agencies so identified, which of such 
        States and local educational agencies also provide 
        optional Holocaust education program activities as part 
        of such curriculum;
          (2) identify the States and local educational 
        agencies that do not require Holocaust education 
        program activities as part of such curriculum, and of 
        the States and local educational agencies so 
        identified, which of such States and local educational 
        agencies provide optional Holocaust education program 
        activities as part of such curriculum;
          (3) determine the extent to which the States have 
        developed standards and other requirements for 
        Holocaust education programs provided in public 
        secondary schools served by the local educational 
        agencies in such State, and summarize the status of the 
        implementation of such standards and requirements in 
        such local educational agencies, including--
                  (A) any centralized apparatus at the State or 
                local level that collects and disseminates 
                Holocaust education program curricula and 
                materials;
                  (B) any Holocaust education program 
                professional development opportunities for 
                preservice and in-service educators;
                  (C) the involvement of Holocaust education 
                centers (including local Holocaust centers), 
                museums (including local Holocaust museums), 
                cultural centers, and other informal 
                educational organizations in implementing 
                Holocaust education programs;
                  (D) the adoption of United States Holocaust 
                Memorial Museum resources (including the 
                resources developed and disseminated pursuant 
                to section 4(c)(1)) by entities at the State or 
                local level, including local Holocaust museums 
                and centers that disseminate Holocaust 
                education program curricula; and
                  (E) criteria used by such States and local 
                educational agencies to evaluate the 
                effectiveness of Holocaust education programs 
                offered in such States and local educational 
                agencies;
          (4) determine the methods educators in the public 
        secondary schools in the States and local educational 
        agencies are using that result in students successfully 
        achieving intended learning outcomes;
          (5) identify the approaches used by the States and 
        local educational agencies to assess the achievement of 
        such intended learning outcomes;
          (6) identify the types of instructional materials 
        used in such public secondary schools to teach students 
        about the Holocaust, including the use of primary 
        source material;
          (7) identify the extent to which Holocaust education 
        programs at such public secondary schools teach 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; and
          (8) identify--
                  (A) in what disciplines the Holocaust is 
                being taught at such public secondary schools; 
                and
                  (B) in the case of the public secondary 
                schools in the States and local educational 
                agencies identified under paragraph (1), the 
                amount of time allotted in the required 
                curriculum to teach about the Holocaust.
  (c) Definitions.--In this section, the terms ``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).

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