I 

116TH CONGRESS 

1ST SESSION H. R. 943 

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 

JANUARY 31, 2019 

Mrs. CAROLYN B. MALONEY of New York (for herself, Ms. STEFANIK, Mr. 

FITZPATRICK, Ms. NORTON, Mr. VELA, Mr. DEUTCH, Mr. COHEN, Mrs. 

DAVIS of California, Mr. CARTWRIGHT, Mr. ROSE of New York, Mr. 

KING of New York, Mr. LOWENTHAL, Ms. LOFGREN, Mr. BRENDAN F. 

BOYLE of Pennsylvania, Miss RICE of New York, Mr. KIND, Mr. PALLONE, Ms. WASSERMAN SCHULTZ, Mr. MCNERNEY, Ms. CLARKE of New 

York, Ms. WILSON of Florida, Mr. MCCAUL, and Mr. CARSON of Indiana) introduced the following bill; which was referred to the Committee 

on Education and Labor 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Never Again Education 

5 Act’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) The United States has demonstrated a com4 mitment to remembrance and education about the 

5 Holocaust through bilateral relationships and en6 gagement in international organizations such as the 

7 United Nations (UN) and the International Holo8 caust Remembrance Association (IHRA); the United 

9 States works to promote Holocaust education as a 

10 means to understand the importance of democratic 

11 principles, use and abuse of power, and to raise 

12 awareness about the importance of genocide preven13 tion today. 

14 (2) The Congress has played a critical role in 

15 preserving the memory of the Holocaust and pro16 moting awareness, including by authorizing the 

17 United States Holocaust Memorial Museum as an 

18 independent establishment of the Federal Govern19 ment to ensure that ‘‘the study of the Holocaust be20 come part of the curriculum in every school system 

21 in the country’’, as well as by establishing a national 

22 Holocaust Remembrance Day in 1978. 

23 (3) The Congress has gone on record in support 

24 of expanded Holocaust education to increase aware25 ness about Holocaust history, counter prejudice and 

26 discrimination, and enhance efforts to teach its uniVerDate Sep 11 2014 22:48 Feb 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H943.IH H943

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1 versal lessons about human behavior and societal co2 hesion. 

3 (4) More than 70 years after the conclusion of 

4 World War II, with the decreasing number of eye5 witnesses and growing distance of students and their 

6 families from this history, it is important to institu7 tionalize education about the events of the Holocaust 

8 such as the Nazis’ racist ideology, propaganda, and 

9 plan to lead a state to war and, with their collabo10 rators, kill millions—including the systematic mur11 der of 6,000,000 Jewish people; as well as the perse12 cution and murder of millions of others in the name 

13 of racial purity, political, ideological, and behavioral 

14 grounds, among them Roma, the disabled, the Slavic 

15 people, Communists, Socialists, Jehovah’s Witnesses, 

16 and homosexuals. 

17 (5) As intolerance, antisemitism, bigotry, and 

18 all forms of hate are promoted by hate groups, Holo19 caust education provides a context in which to learn 

20 about the danger of what can happen when hate 

21 goes unchallenged and there is indifference in the 

22 face of the oppression of others; learning how and 

23 why the Holocaust happened is an important compo24 nent of the education of citizens of the United 

25 States. 


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1 (6) Today, those who deny that the Holocaust 

2 occurred or distort the true nature of the Holocaust 

3 continue to find forums, especially online; this denial 

4 and distortion dishonors those who were persecuted, 

5 and murdered, making it even more of a national 

6 imperative to educate students in the United States 

7 so that they may explore the lessons that the Holo8 caust provides for all people, sensitize communities 

9 to the circumstances that gave rise to the Holocaust, 

10 and help youth be less susceptible to the falsehood 

11 of Holocaust denial and distortion and to the de12 structive messages of hate that arise from Holocaust 

13 denial and distortion. 

14 (7) Currently, 8 States (California, Florida, Illi15 nois, Indiana, Michigan, New Jersey, New York, and 

16 Rhode Island) require by law that schools teach stu17 dents about the Holocaust; more schools and teach18 ers can and should deliver quality Holocaust edu19 cation. 

20 (8) While there are thriving professional devel21 opment programs across the United States delivered 

22 by Holocaust education centers, such as members of 

23 the Association of Holocaust Organizations, many 

24 students still have little exposure to education about 

25 the events of the Holocaust and its relevance to their 


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1 lives, in part due to the many financial and logistical 

2 barriers to getting resources from Holocaust edu3 cation centers to students in the classroom. 

4 (9) The Federal Government, especially the De5 partment of Education, has a role to play in pro6 moting resources and training that can assist teach7 ers and primary and secondary schools incorporate 

8 the study of the Holocaust into their curriculum, to 

9 help ensure that students have access to accurate 

10 and engaging historical information about the Holo11 caust, and the Department of Education is well-posi12 tioned to assist Holocaust education centers in over13 coming many of the barriers to expanding Holocaust 

14 education, which will allow more students to learn 

15 the lessons of the Holocaust. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti19 ty’’ means— 

20 (A) a local educational agency (as defined 

21 in section 8101 of the Elementary and Sec22 ondary Education Act of 1965 (20 U.S.C. 

23 7801)); 


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1 (B) an organization eligible to receive 

2 funds under part B of title IV of such Act (20 

3 U.S.C. 7171 et seq.); or 

4 (C) a secondary school (as defined in sec5 tion 8101 of such Act (20 U.S.C. 7801)), that 

6 is independent of any local educational agency. 

7 (2) ANTISEMITISM.—The term ‘‘antisemitism’’ 

8 means a certain perception of Jews, which may be 

9 expressed as hatred toward Jews. Rhetorical and 

10 physical manifestations of antisemitism are directed 

11 toward Jewish or non-Jewish individuals or their 

12 property, toward Jewish community institutions and 

13 religious facilities. 

14 (3) HOLOCAUST.—The term ‘‘the Holocaust’’ 

15 means the systematic, bureaucratic, state-sponsored 

16 persecution and murder of approximately 6,000,000 

17 Jews by the Nazi regime and its collaborators. Dur18 ing the era of the Holocaust, German authorities 

19 also targeted other groups because of their perceived 

20 ‘‘racial inferiority’’, such as Roma gypsies, the dis21 abled, and some of the Slavic people (Poles, Rus22 sians, and others). Other groups were persecuted on 

23 political, ideological, and behavioral grounds, among 

24 them Communists, Socialists, Jehovah’s Witnesses, 

25 and homosexuals. 


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1 (4) HOLOCAUST DENIAL AND DISTORTION.— 

2 The term ‘‘Holocaust denial and distortion’’ means 

3 discourse and propaganda that deny the historical 

4 reality and the extent of the extermination of the 

5 Jews by the Nazis and their accomplices during 

6 World War II, known as the Holocaust or the USC 

7 Shoah. Holocaust denial refers specifically to any at8 tempt to claim that the Holocaust did not take 

9 place. Holocaust distortion refers to intentional ef10 forts to excuse or minimize the impact of the Holo11 caust or its principal elements, including collabo12 rators and allies of Nazi Germany, to blame the 

13 Jews for causing their own genocide, or to portray 

14 the Holocaust as a positive historical event. 

15 (5) HOLOCAUST EDUCATION CENTER.—The 

16 term ‘‘Holocaust education center’’ means an insti17 tution that furthers the teaching and learning about 

18 the Holocaust by offering programs for students and 

19 training for teachers and other types of professional 

20 leadership audiences. 

21 (6) HOLOCAUST EDUCATION PROGRAM.—The 

22 term ‘‘Holocaust education program’’ means a pro23 gram that— 

24 (A) has as its specific and primary purpose 

25 to improve awareness and understanding of the 


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1 Holocaust and educate students on the lessons 

2 of the Holocaust as a means to raise awareness 

3 about the importance of preventing genocide, 

4 hate, and bigotry against any group of people; 

5 (B) is delivered to students enrolled in 

6 middle grades or high school (as such terms are 

7 defined in section 8101 of the Elementary and 

8 Secondary Education Act of 1965 (20 U.S.C. 

9 7801)); 

10 (C) uses stories, testimonies, photos, dia11 ries and other educational tools to support un12 derstanding rather than for shock value or sen13 sationalism; and 

14 (D) furnishes one or more of the following: 

15 (i) Educational materials that are 

16 age- and grade-appropriate. 

17 (ii) Student and school-based activi18 ties, including field trips. 

19 (iii) The hiring of professional Holo20 caust educators to lead programming. 

21 (iv) Teacher training. 

22 (v) Programming that includes the 

23 following subjects where appropriate in in24 struction: 


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1 (I) The breadth of the history of 

2 the Holocaust, including, the Third 

3 Reich dictatorship, concentration 

4 camp system, persecution of Jews and 

5 non-Jews, Jewish and non-Jewish re6 sistance, and post-World War II 

7 trials. 

8 (II) Antisemitism, racism, and 

9 the abridgement of human and civil 

10 rights. 

11 (vi) Instruction in the content of Hol12 ocaust education that includes— 

13 (I) presentation of historically ac14 curate information; 

15 (II) correct terminology, vocabu16 lary, and labels, and encouraging stu17 dents to use this vocabulary; and 

18 (III) primary documents, includ19 ing personal testimony and sound his20 torical research from respected re21 sources. 

22 (vii) Supplementary resources re23 quired for teacher training, including 

24 transportation for teachers to and from 

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1 grams, payment for substitute teachers 

2 while teachers are at training, and trans3 portation of trainers to schools to provide 

4 training. 

5 (viii) Goods or services designed to 

6 improve awareness and understanding of 

7 the Holocaust. 

8 (7) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Education. 

10 SEC. 4. PROGRAM AUTHORIZED. 

11 (a) FUND ESTABLISHED.— 

12 (1) IN GENERAL.—There is established in the 

13 general fund of the Treasury a separate account 

14 which shall be known as the ‘‘Holocaust Education 

15 Assistance Program Fund’’. Amounts deposited into 

16 the Holocaust Education Assistance Program Fund 

17 shall remain available until expended to the Sec18 retary to carry out the purposes of this Act in ac19 cordance with subsection (d). 

20 (2) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated to the Holo22 caust Education Assistance Program Fund, 

23 $2,000,000 for fiscal year 2020 and each of the 4 

24 succeeding fiscal years. 


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1 (b) ACCEPTANCE OF DONATIONS.—In furtherance of 

2 the purposes of this Act, the Secretary is authorized to 

3 accept donations of funds and in-kind contributions. Any 

4 funds donated under this subsection, and any proceeds 

5 from the sales of other property received as gifts or be6 quests pursuant to this subsection, shall be deposited in 

7 the Holocaust Education Assistance Program Fund. 

8 (c) LIMITATION.—A donation may not be accepted 

9 under subsection (b) in exchange for a commitment to the 

10 donor on the part of the Secretary or which attaches con11 ditions inconsistent with applicable laws and regulations 

12 or that is conditioned upon or will require the expenditure 

13 of appropriated funds that are not available to the Sec14 retary, or which compromises a criminal or civil position 

15 of the United States or any of its departments or agencies 

16 or the administrative authority of any agency of the 

17 United States. The Secretary shall ensure that each dona18 tion is subject to an agreement that contains provisions 

19 setting forth the criteria to be used in determining wheth20 er the acceptance of a donation is prohibited because the 

21 donation would reflect unfavorably upon the ability of the 

22 Department, or any official or employee of the Depart23 ment, to carry out its responsibilities or official duties in 

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1 tegrity or the appearance of the integrity of its programs 

2 or any official or employee involved in those programs. 

3 (d) USE OF FUNDS.— 

4 (1) IN GENERAL.—The Secretary is authorized 

5 to use funds from the Holocaust Education Assist6 ance Program Fund— 

7 (A) to award grants to eligible entities to 

8 carry out Holocaust education programs; 

9 (B) to conduct periodic regional work10 shops, in partnership with Holocaust education 

11 centers when and where appropriate, to provide 

12 teachers with technical assistance on how to 

13 structure curricula to incorporate Holocaust 

14 education in a manner that satisfies State edu15 cation standards, as described in section 

16 1111(a) of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 1111(a)), and 

18 standards set by local educational agencies; 

19 (C) to cover administrative costs associated 

20 with fundraising authorized under this Act; and 

21 (D) to cover administrative costs associ22 ated with administering the grants and creating 

23 and maintaining the online Holocaust education 

24 repository of resources, defined in section 5. 


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1 (2) LIMITATION.—At least 90 percent of funds 

2 expended from the Holocaust Education Assistance 

3 Program Fund shall be expended to award grants to 

4 eligible entities to carry out proposed Holocaust edu5 cation programs. 

6 (e) APPLICATIONS.—The Secretary may award a 

7 grant under this Act only to an eligible entity that has 

8 submitted an application to the Secretary at such time, 

9 in such manner, and based on such competitive criteria 

10 as the Secretary may require. 

11 SEC. 5. ONLINE HOLOCAUST EDUCATION REPOSITORY OF 

12 RESOURCES. 

13 (a) WEBSITE.—The Secretary shall create and main14 tain a Holocaust education program website within an al15 ready existing site or, if necessary, create a new site, con16 taining Holocaust education program resources for middle 

17 grades and high schools. The website shall facilitate con18 nections between eligible entities and Holocaust education 

19 centers, institutions, and foundations displayed on the 

20 website to gain expertise in content and pedagogy for in21 structing the subject matter appropriately and effectively. 

22 The website and resources shall be made available to all 

23 eligible entities and all Holocaust education centers. The 

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1 caust Education Assistance Program to State and local 

2 educational agencies and all eligible entities. 

3 (b) INFORMATION DISTRIBUTION.—The Secretary 

4 shall distribute information about the Holocaust Edu5 cation Assistance Program and the Holocaust Education 

6 Website to each State department of education and to any 

7 local educational agency, individual school, individual 

8 teacher, or Holocaust education center that requests the 

9 information. 

10 (c) BEST PRACTICES.—The information distributed 

11 by the Secretary shall include best practices for educators 

12 on how to incorporate materials and resources on Holo13 caust education into a curriculum. 

14 SEC. 6. HOLOCAUST EDUCATION ADVISORY BOARD. 

15 (a) IN GENERAL.—In carrying out this Act, the Sec16 retary shall establish an advisory board, which shall be 

17 known as the ‘‘Holocaust Education Advisory Board’’. 

18 (b) MEMBERSHIP.—The Holocaust Education Advi19 sory Board shall consist of 12 members, as follows: 

20 (1) FINANCE DIRECTORS.—Three finance direc21 tors, with experience in nonprofit fundraising, who 

22 shall be responsible for overseeing fundraising ef23 forts for the Holocaust Education Assistance Fund. 

24 These individuals may not be engaged in fundraising 

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1 mal or professional capacity at the time of their ap2 pointment. 

3 (2) NATIONAL HOLOCAUST EDUCATION REP4 RESENTATIVES.—Four national Holocaust education 

5 representatives, with educational and professional 

6 experience in Holocaust education, who shall rep7 resent leading national holocaust education centers, 

8 such as the United States Holocaust Memorial Mu9 seum, the Simon Wiesenthal Center, the USC Shoah 

10 Foundation, or the Anti-Defamation League. 

11 (3) REGIONAL HOLOCAUST EDUCATION REP12 RESENTATIVES.—Four regional Holocaust education 

13 representatives, with educational and professional 

14 experience in Holocaust education, who shall rep15 resent regional Holocaust education centers. 

16 (4) CHAIRMAN.—One Chairman of the Board, 

17 with professional experience in both Holocaust edu18 cation and nonprofit fundraising. 

19 (c) APPOINTMENT.—Members of the Holocaust Edu20 cation Advisory Board shall be appointed as follows: 

21 (1) Three members shall be appointed by the 

22 majority leader of the Senate. 

23 (2) Three members shall be appointed by the 

24 Speaker of the House of Representatives. 


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1 (3) Three members shall be appointed by the 

2 minority leader of the Senate. 

3 (4) Three members shall be appointed by the 

4 minority leader of the House of Representatives. 

5 (d) TERMS.—Each member of the Holocaust Edu6 cation Advisory Board shall serve a 4-year term, except 

7 that 4 members shall serve an initial term of 6 years. 

8 (e) DUTIES.—The Holocaust Education Advisory 

9 Board— 

10 (1) shall advise the Secretary on developing 

11 competitive criteria and content of application as de12 scribed in section 4(e); 

13 (2) shall advise the Secretary on the content 

14 that is displayed on the Holocaust education pro15 gram website required under section 5; 

16 (3) shall lead the effort to solicit donations for 

17 the Holocaust Education Assistance Program Fund; 

18 and 

19 (4) shall submit an annual fundraising plan to 

20 the Secretary prior to the board receiving any funds 

21 for administrative costs associated with fundraising. 

22 (f) PERSONNEL.—The Holocaust Education Advisory 

23 Board may be granted funds by the Secretary from the 

24 Holocaust Education Assistance Program Fund to employ 

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1 tional personnel necessary for fundraising efforts. Any in2 dividual employed by the Holocaust Education Advisory 

3 Board shall not, by virtue of such employment, be consid4 ered a Federal employee for the purpose of any law gov5 erning Federal employment. 

6 (g) LIMITATIONS.— 

7 (1) IN GENERAL.—The Holocaust Education 

8 Advisory Board shall not be an agency or instrumen9 tality of the Federal Government, and officers, em10 ployees, and members of the board of the Holocaust 

11 Education Advisory Board shall not be officers or 

12 employees of the Federal Government. No funds 

13 from the Holocaust Education Assistance Fund may 

14 be paid as compensation to members of the Holo15 caust Education Advisory Board for their service. 

16 (2) EXCEPTION.—An individual who is em17 ployed by the United States Holocaust Memorial 

18 Museum shall be eligible for appointment to the Hol19 ocaust Education Advisory Board as a national Hol20 ocaust education representative. 

21 (h) TRAVEL EXPENSES.—A member of the Advisory 

22 Board shall be allowed a per diem allowance for travel ex23 penses, to be paid for from the Holocaust Education As24 sistance Program Fund, at rates consistent with those auVerDate Sep 11 2014 22:48 Feb 11, 2019 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H943.IH H943

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1 thorized under subchapter I of chapter 57 of title 5, 

2 United States Code. 

3 (i) TECHNICAL ASSISTANCE.—On request of the Hol4 ocaust Education Advisory Board, the head of a Federal 

5 agency may provide technical assistance to the Holocaust 

6 Education Advisory Board, but no Federal employee may 

7 be detailed to the Holocaust Education Advisory Board. 

8 (j) VACANCIES.—A vacancy in the Holocaust Edu9 cation Advisory Board— 

10 (1) shall not affect the powers of the Holocaust 

11 Education Advisory Board; and 

12 (2) shall be filled in the same manner as the 

13 original appointment was made. 

14 (k) APPLICABILITY OF FACA.—The Holocaust Edu15 cation Advisory Board shall be treated as an advisory com16 mittee subject to the Federal Advisory Committee Act (5 

17 U.S.C. App.). 

18 SEC. 7. USE OF GRANT FUNDS. 

19 (a) IN GENERAL.—Each eligible entity that receives 

20 a grant under this Act shall use the grant funds to provide 

21 students with a Holocaust education program in accord22 ance with the following requirements: 

23 (1) All resources shall be used for the purposes 

24 of educating students on the history of the Holo25 caust and the relevant lessons that can be learned 


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1 from the Holocaust in dealing with modern day 

2 issues of genocide, hate, and bigotry against any 

3 group of people. This can include the teaching of 

4 other genocides along with the Holocaust. 

5 (2) Funds may only be used to carry out the 

6 Holocaust education program for which the grant 

7 was provided. 

8 (3) Any other limitation on use of funds estab9 lished by the Secretary, in consultation with the Hol10 ocaust Education Advisory Board. 

11 (b) GRANT PERIOD.—Grants awarded under this sec12 tion shall be for a period of 1 year. 

13 (c) REQUIREMENTS.—An eligible entity receiving a 

14 grant shall comply with the following requirements: 

15 (1) The eligible entity shall, throughout the pe16 riod that the institution receives and uses the fund17 ing, continue to be an eligible entity. 

18 (2) The eligible entity shall ensure the funding 

19 is used to supplement, and not supplant, non-Fed20 eral funds that would otherwise be available to the 

21 eligible entity to carry out the Holocaust education 

22 program for which the grant was provided. 

23 (d) PRIORITY.—In awarding grants under this sec24 tion, the Secretary shall give priority to eligible entities 


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1 that do not currently offer any Holocaust education pro2 gramming. 

3 (e) COMPETITIVE CRITERIA.—The Secretary shall es4 tablish competitive criteria for use in awarding grants 

5 under this Act not later than 1 year after the date of the 

6 enactment of this Act. The competitive criteria shall be 

7 displayed on the Department’s Holocaust Education 

8 Website along with all necessary forms and instructions 

9 to allow eligible entities to apply for grants from the Holo10 caust Education Assistance Program Fund. 

11 SEC. 8. REVIEW. 

12 The Secretary shall review at least annually each eli13 gible entity receiving a grant under this Act to determine 

14 the extent to which the eligible entity may not be in com15 pliance with the provisions of this Act and the regulations 

16 issued under this Act. The Secretary shall consult the Ad17 visory Board as needed for uncertain cases. The Secretary 

18 shall also establish a process for the Advisory Board to 

19 submit instances of suspected noncompliance for programs 

20 supported by these funds, and the Secretary shall review 

21 any grant that is submitted by the Advisory Board for 

22 suspected noncompliance not later than 60 days after the 

23 Advisory Board submits a program for review by the Sec24 retary, and the Secretary shall notify the grantee of poten25 tial noncompliance. 


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1 SEC. 9. ANNUAL REPORT. 

2 (a) IN GENERAL.—Not later than February 1 of each 

3 year, the Secretary shall submit to the Congress a report 

4 describing the activities carried out under this Act. The 

5 report shall include the following information: 

6 (1) The amount of money donated to the Holo7 caust Education Assistance Program Fund. 

8 (2) The amount of money allocated in grants 

9 from the fund. 

10 (3) The number of eligible entities using the 

11 grant funding to offer instruction in Holocaust edu12 cation. 

13 (4) A description of the manner in which eligi14 ble entity are offering instruction in Holocaust edu15 cation. 

16 (5) The number of hours instruction is offered, 

17 the grade levels that such instruction is offered and 

18 the course within which such instruction is inte19 grated. 

20 (b) ADDITIONAL INFORMATION.—The report shall 

21 also contain any other related information that the Sec22 retary considers appropriate. 

Æ 


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