Bill Summary
The "Never Again Education Act" authorizes the Secretary of Education to award grants to eligible entities for educational programs about the Holocaust. It defines key terms and outlines the purposes and components of these programs. The legislation also establishes a fund for the Holocaust Education Assistance Program and requires the Secretary to create and maintain an online education website. It also establishes a Holocaust Education Advisory Board and outlines their duties and responsibilities. The legislation also addresses the use of grant funds, requirements for eligible entities, and the Secretary's annual reporting to Congress on program activities and results.
Possible Impacts
1. Students will be affected by the legislation through the implementation of Holocaust education programs in their schools, which will provide them with accurate historical information and age-appropriate materials to learn about the atrocities committed during the Holocaust.
2. Teachers will be affected by the legislation through required training and the use of best practices for incorporating Holocaust education into their curriculum. This will ensure that they have the necessary knowledge and resources to effectively teach their students about this important historical event.
3. Congress will be affected by the legislation through the annual report submitted by the Secretary, which will provide information on the success and impact of the Holocaust Education Assistance Program. This will allow Congress to evaluate the effectiveness of the program and make informed decisions about future funding and support for Holocaust education.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2085 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2085
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 SENATE OF THE UNITED STATES
July 10, 2019
Ms. Rosen (for herself, Mr. Cramer, Mr. Rubio, and Mr. Blumenthal)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
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 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 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, 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.
(7) Currently, many States, including California,
Connecticut, Florida, Illinois, Indiana, Kentucky, Michigan,
New Jersey, New York, Pennsylvania, and Rhode Island, require
by law that schools teach students about the Holocaust; more
schools and teachers can and should deliver quality Holocaust
education.
(8) 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, in part due to the many financial and
logistical barriers to getting resources from Holocaust
education centers to students in the classroom.
(9) The Federal Government, especially the Department of
Education, has a role to play in promoting resources and
training that can assist teachers and primary and secondary
schools incorporate the study of the Holocaust into their
curriculum, to help ensure that students have access to
accurate and engaging historical information about the
Holocaust, and 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 or their property, toward Jewish community
institutions and religious facilities.
(3) Holocaust.--The term ``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 such terms are defined in
section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801));
(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.--
(1) In general.--There is established in the general fund
of the Treasury a separate account which shall be known as the
``Holocaust Education Assistance Program Fund''. 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).
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Holocaust Education Assistance
Program Fund, $2,000,000 for fiscal year 2020 and each of the 4
succeeding fiscal years.
(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
challenging State academic standards, as described in
section 1111(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)), 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 Program 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) Three members shall be appointed by the majority leader
of the Senate.
(2) Three members shall be appointed by the Speaker of the
House of Representatives.
(3) Three members shall be appointed by the minority leader
of the Senate.
(4) Three 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 Program 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 Holocaust Education 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 may 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 Act shall be for a
period of 1 year.
(c) Requirements.--An eligible entity receiving a grant under this
Act 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 Holocaust Education Advisory Board as needed for uncertain
cases. The Secretary shall also establish a process for the Holocaust
Education 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 Holocaust Education Advisory Board
for suspected noncompliance not later than 60 days after the Holocaust
Education 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 entities
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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