[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5460 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5460

  To authorize the Secretary of Education to award grants to eligible 
entities to carry out educational programs about the Holocaust, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2018

  Mrs. Carolyn B. Maloney of New York (for herself, Mr. Donovan, Mr. 
   Roskam, Mr. Engel, Ms. Granger, Mrs. Lowey, Ms. Ros-Lehtinen, Mr. 
   Deutch, and Mr. Veasey) introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
  To authorize the Secretary of Education to award grants to eligible 
entities to carry out educational programs about the Holocaust, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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 (UN) and the International Holocaust 
        Remembrance Association (IHRA); 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) The Congress has gone on record in support of expanded 
        Holocaust education to increase awareness about Holocaust 
        history, counter prejudice and discrimination, and enhance 
        efforts to teach its universal lessons about human behavior and 
        societal cohesion.
            (4) More than 70 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 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 Slavic people, Communists, Socialists, Jehovah's 
        Witnesses, and homosexuals.
            (5) As intolerance, antisemitism, bigotry, and all forms of 
        hate are promoted by hate groups, Holocaust education provides 
        a context 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 citizens 
        of the United States.
            (6) 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. This makes 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.
            (7) Currently, 8 States (California, Florida, Illinois, 
        Indiana, Michigan, New Jersey, New York, and Rhode Island) 
        require by law that schools teach students about the Holocaust; 
        more schools and teachers can and should deliver quality 
        Holocaust education. While there are thriving professional 
        development programs across the United States delivered by 
        Holocaust education centers, such as members of the Association 
        of Holocaust Organizations, many students still have little 
        exposure to education about the events of the Holocaust and its 
        relevance to their lives. This is, in part, due to the many 
        financial and logistical barriers to getting resources from 
        Holocaust education centers to students in the classroom.
            (8) The Federal Government, especially the Department of 
        Education, has a role to play in promoting resources and 
        training that can assist teachers and educational institutions 
        to incorporate the study of the Holocaust into their schools, 
        to help ensure that students have access to accurate and 
        engaging historical information about the Holocaust. The 
        Department of Education is well-positioned to assist Holocaust 
        education centers in overcoming many of the barriers to 
        expanding Holocaust education, which will allow more students 
        to learn the lessons of the Holocaust.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a local educational agency (as defined in 
                section 8101 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 7801));
                    (B) an organization eligible to receive funds under 
                part B of title IV of such Act (20 U.S.C. 7171 et 
                seq.); or
                    (C) a secondary school (as defined in section 8101 
                of such Act (20 U.S.C. 7801)), that is independent of 
                any local educational agency.
            (2) 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 and/or their property, toward Jewish community 
        institutions and religious facilities.
            (3) Holocaust.--The term ``the Holocaust'' means the 
        systematic, bureaucratic, state-sponsored persecution and 
        murder of approximately 6,000,000 Jews by the Nazi regime and 
        its collaborators. During the era of the Holocaust, German 
        authorities also targeted other groups because of their 
        perceived ``racial inferiority'', such as Roma gypsies, the 
        disabled, and some of the Slavic people (Poles, Russians, and 
        others). Other groups were persecuted on political, 
        ideological, and behavioral grounds, among them Communists, 
        Socialists, Jehovah's Witnesses, and homosexuals.
            (4) 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 or the USC Shoah. Holocaust denial 
        refers specifically to any attempt to claim that the Holocaust 
        did not take place. Holocaust distortion refers to intentional 
        efforts to excuse or minimize the impact 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.
            (5) 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.
            (6) Holocaust education program.--The term ``Holocaust 
        education program'' means a program that--
                    (A) has as its specific and primary purpose to 
                improve awareness and understanding of the Holocaust 
                and educate students 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;
                    (B) is delivered to students enrolled in middle 
                grades or high school as both such terms are defined in 
                section 8101 of the Elementary and Secondary Education 
                Act of 1965;
                    (C) uses stories, testimonies, photos, diaries and 
                other educational tools to support understanding rather 
                than for shock value or sensationalism; and
                    (D) furnishes one or more of the following:
                            (i) Educational materials that are age- and 
                        grade-appropriate.
                            (ii) Student and school-based activities, 
                        including field trips.
                            (iii) The hiring of professional Holocaust 
                        educators to lead programming.
                            (iv) Teacher training.
                            (v) Programming that includes the following 
                        subjects where appropriate in instruction:
                                    (I) The breadth of the history of 
                                the Holocaust, including, the Third 
                                Reich dictatorship, concentration camp 
                                system, persecution of Jews and non-
                                Jews, Jewish and non-Jewish resistance, 
                                and post-World War II trials.
                                    (II) Antisemitism, racism, and the 
                                abridgement of human and civil rights.
                            (vi) Instruction in the content of 
                        Holocaust education that includes--
                                    (I) presentation of historically 
                                accurate information;
                                    (II) correct terminology, 
                                vocabulary, and labels, and encouraging 
                                students to use this vocabulary; and
                                    (III) primary documents, including 
                                personal testimony and sound historical 
                                research from respected resources.
                            (vii) Supplementary resources required for 
                        teacher training, including transportation for 
                        teachers to and from training programs, housing 
                        at training programs, payment for substitute 
                        teachers while teachers are at training, and 
                        transportation of trainers to schools to 
                        provide training.
                            (viii) Goods or services designed to 
                        improve awareness and understanding of the 
                        Holocaust.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 4. PROGRAM AUTHORIZED.

    (a) Fund Established.--There is established in the general fund of 
the Treasury a separate account which shall be known as the ``Holocaust 
Education Assistance Program Fund''. To the extent provided in advance 
in appropriations Acts, amounts deposited into the Holocaust Education 
Assistance Program Fund shall remain available until expended to the 
Secretary to carry out the purposes of this Act in accordance with 
subsection (d).
    (b) Acceptance of Donations.--In furtherance of the purposes of 
this Act, the Secretary is authorized to accept donations of funds and 
in-kind contributions. Any funds donated under this subsection, and any 
proceeds from the sales of other property received as gifts or bequests 
pursuant to this subsection, shall be deposited in the Holocaust 
Education Assistance Program Fund.
    (c) Limitation.--A donation may not be accepted under subsection 
(b) in exchange for a commitment to the donor on the part of the 
Secretary or which attaches conditions inconsistent with applicable 
laws and regulations or that is conditioned upon or will require the 
expenditure of appropriated funds that are not available to the 
Secretary, or which compromises a criminal or civil position of the 
United States or any of its departments or agencies or the 
administrative authority of any agency of the United States. The 
Secretary shall ensure that each donation is subject to an agreement 
that contains provisions setting forth the criteria to be used in 
determining whether the acceptance of a donation is prohibited because 
the donation would reflect unfavorably upon the ability of the 
Department, or any official or employee of the Department, to carry out 
its responsibilities or official duties in a fair and objective manner, 
or would compromise the integrity or the appearance of the integrity of 
its programs or any official or employee involved in those programs.
    (d) Use of Funds.--
            (1) In general.--The Secretary is authorized to use funds 
        from the Holocaust Education Assistance Program Fund--
                    (A) to award grants to eligible entities to carry 
                out Holocaust education programs;
                    (B) to conduct periodic regional workshops, in 
                partnership with Holocaust education centers when and 
                where appropriate, to provide teachers with technical 
                assistance on how to structure curricula to incorporate 
                Holocaust education in a manner that satisfies State 
                education standards, as described in section 1111(a) of 
                the Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 1111(a)), and standards set by local educational 
                agencies;
                    (C) to cover administrative costs associated with 
                fundraising authorized under this Act; and
                    (D) to cover administrative costs associated with 
                administering the grants and creating and maintaining 
                the online Holocaust education repository of resources, 
                defined in section 5.
            (2) Limitation.--At least 90 percent of funds expended from 
        the Holocaust Education Assistance Program Fund shall be 
        expended to award grants to eligible entities to carry out 
        proposed Holocaust education programs.
    (e) Applications.--The Secretary may award a grant under this Act 
only to an eligible entity that has submitted an application to the 
Secretary at such time, in such manner, and based on such competitive 
criteria as the Secretary may require.

SEC. 5. ONLINE HOLOCAUST EDUCATION REPOSITORY OF RESOURCES.

    (a) Website.--The Secretary shall create and maintain a Holocaust 
education program website within an already existing site or, if 
necessary, create a new site, containing Holocaust education program 
resources for middle grades and high schools. The website shall 
facilitate connections between eligible entities and Holocaust 
education centers, institutions, and foundations displayed on the 
website to gain expertise in content and pedagogy for instructing the 
subject matter appropriately and effectively. The website and resources 
shall be made available to all eligible entities and all Holocaust 
education centers. The Secretary shall market the website along with 
the Holocaust Education Assistance Program to State and local 
educational agencies and all eligible entities.
    (b) Information Distribution.--The Secretary shall distribute 
information about the Holocaust Education Assistance Program and the 
Holocaust Education Website to each State department of education and 
to any local educational agency, individual school, individual teacher, 
or Holocaust education center that requests the information.
    (c) Best Practices.--The information distributed by the Secretary 
shall include best practices for educators on how to incorporate 
materials and resources on Holocaust education into a curriculum.

SEC. 6. HOLOCAUST EDUCATION ADVISORY BOARD.

    (a) In General.--In carrying out this Act, the Secretary shall 
establish an advisory board, which shall be known as the ``Holocaust 
Education Advisory Board''.
    (b) Membership.--The Holocaust Education Advisory Board shall 
consist of 12 members, as follows:
            (1) Finance directors.--Three finance directors, with 
        experience in nonprofit fundraising, who shall be responsible 
        for overseeing fundraising efforts for the Holocaust Education 
        Assistance Fund. These individuals may not be engaged in 
        fundraising for an existing Holocaust education center in a 
        formal or professional capacity at the time of their 
        appointment.
            (2) National holocaust education representatives.--Four 
        national Holocaust education representatives, with educational 
        and professional experience in Holocaust education, who shall 
        represent leading national holocaust education centers, such as 
        the United States Holocaust Memorial Museum, the Simon 
        Wiesenthal Center, the USC Shoah Foundation, or the Anti-
        Defamation League.
            (3) Regional holocaust education representatives.--Four 
        regional Holocaust education representatives, with educational 
        and professional experience in Holocaust education, who shall 
        represent regional Holocaust education centers.
            (4) Chairman.--One Chairman of the Board, with professional 
        experience in both Holocaust education and nonprofit 
        fundraising.
    (c) Appointment.--Members of the Holocaust Education Advisory Board 
shall be appointed as follows:
            (1) 3 members shall be appointed by the majority leader of 
        the Senate.
            (2) 3 members shall be appointed by the Speaker of the 
        House of Representatives.
            (3) 3 members shall be appointed by the minority leader of 
        the Senate.
            (4) 3 members shall be appointed by the minority leader of 
        the House of Representatives.
    (d) Terms.--Each member of the Holocaust Education Advisory Board 
shall serve a 4-year term, except that 4 members shall serve an initial 
term of 6 years.
    (e) Duties.--The Holocaust Education Advisory Board--
            (1) shall advise the Secretary on developing competitive 
        criteria and content of application as described in section 
        4(e);
            (2) shall advise the Secretary on the content that is 
        displayed on the Holocaust education program website required 
        under section 5;
            (3) shall lead the effort to solicit donations for the 
        Holocaust Education Assistance Program Fund; and
            (4) shall submit an annual fundraising plan to the 
        Secretary prior to the board receiving any funds for 
        administrative costs associated with fundraising.
    (f) Personnel.--The Holocaust Education Advisory Board may be 
granted funds by the Secretary from the Holocaust Education Assistance 
Program Fund to employ and compensate an executive director and any 
other additional personnel necessary for fundraising efforts. Any 
individual employed by the Holocaust Education Advisory Board shall 
not, by virtue of such employment, be considered a Federal employee for 
the purpose of any law governing Federal employment.
    (g) Limitations.--
            (1) In general.--The Holocaust Education Advisory Board 
        shall not be an agency or instrumentality of the Federal 
        Government, and officers, employees, and members of the board 
        of the Holocaust Education Advisory Board shall not be officers 
        or employees of the Federal Government. No funds from the 
        Holocaust Education Assistance Fund may be paid as compensation 
        to members of the Holocaust Education Advisory Board for their 
        service.
            (2) Exception.--An individual who is employed by the United 
        States Holocaust Memorial Museum shall be eligible for 
        appointment to the Holocaust Education Advisory Board as a 
        national Holocaust education representative.
    (h) Travel Expenses.--A member of the Advisory Board shall be 
allowed a per diem allowance for travel expenses, to be paid for from 
the Holocaust Education Assistance Program Fund, at rates consistent 
with those authorized under subchapter I of chapter 57 of title 5, 
United States Code.
    (i) Technical Assistance.--On request of the Holocaust Education 
Advisory Board, the head of a Federal agency may provide technical 
assistance to the Holocaust Education Advisory Board, but no Federal 
employee may be detailed to the Holocaust Education Advisory Board.
    (j) Vacancies.--A vacancy in the Holocaust Education Advisory 
Board--
            (1) shall not affect the powers of the Holocaust Education 
        Advisory Board; and
            (2) shall be filled in the same manner as the original 
        appointment was made.
    (k) Applicability of FACA.--The Holocaust Education Advisory Board 
shall be treated as an advisory committee subject to the Federal 
Advisory Committee Act (5 U.S.C. App.).

SEC. 7. USE OF GRANT FUNDS.

    (a) In General.--Each eligible entity that receives a grant under 
this Act shall use the grant funds to provide students with a Holocaust 
education program in accordance with the following requirements:
            (1) All resources shall be used for the purposes of 
        educating students on the history of the Holocaust and the 
        relevant lessons that can be learned from the Holocaust in 
        dealing with modern day issues of genocide, hate, and bigotry 
        against any group of people. This can include the teaching of 
        other genocides along with the Holocaust.
            (2) Funds may only be used to carry out the Holocaust 
        education program for which the grant was provided.
            (3) Any other limitation on use of funds established by the 
        Secretary, in consultation with the Holocaust Education 
        Advisory Board.
    (b) Grant Period.--Grants awarded under this section shall be for a 
period of 1 year.
    (c) Requirements.--An eligible entity receiving a grant shall 
comply with the following requirements:
            (1) The eligible entity shall, throughout the period that 
        the institution receives and uses the funding, continue to be 
        an eligible entity.
            (2) The eligible entity shall ensure the funding is used to 
        supplement, and not supplant, non-Federal funds that would 
        otherwise be available to the eligible entity to carry out the 
        Holocaust education program for which the grant was provided.
    (d) Priority.--In awarding grants under this section, the Secretary 
shall give priority to eligible entities that do not currently offer 
any Holocaust education programming.
    (e) Competitive Criteria.--The Secretary shall establish 
competitive criteria for use in awarding grants under this Act not 
later than 1 year after the date of the enactment of this Act. The 
competitive criteria shall be displayed on the Department's Holocaust 
Education Website along with all necessary forms and instructions to 
allow eligible entities to apply for grants from the Holocaust 
Education Assistance Program Fund.

SEC. 8. REVIEW.

    The Secretary shall review at least annually each eligible entity 
receiving a grant under this Act to determine the extent to which the 
eligible entity may not be in compliance with the provisions of this 
Act and the regulations issued under this Act. The Secretary shall 
consult the Advisory Board as needed for uncertain cases. The Secretary 
shall also establish a process for the Advisory Board to submit 
instances of suspected noncompliance for programs supported by these 
funds, and the Secretary shall review any grant that is submitted by 
the Advisory Board for suspected noncompliance not later than 60 days 
after the Advisory Board submits a program for review by the Secretary, 
and the Secretary shall notify the grantee of potential noncompliance.

SEC. 9. ANNUAL REPORT.

    (a) In General.--Not later than February 1 of each year, the 
Secretary shall submit to the Congress a report describing the 
activities carried out under this Act. The report shall include the 
following information:
            (1) The amount of money donated to the Holocaust Education 
        Assistance Program Fund.
            (2) The amount of money allocated in grants from the fund.
            (3) The number of eligible entities using the grant funding 
        to offer instruction in Holocaust education.
            (4) A description of the manner in which eligible entity 
        are offering instruction in Holocaust education.
            (5) The number of hours instruction is offered, the grade 
        levels that such instruction is offered and the course within 
        which such instruction is integrated.
    (b) Additional Information.--The report shall also contain any 
other related information that the Secretary considers appropriate.
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