II 

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. 

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’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) The United States has demonstrated a com9 mitment to remembrance and education about the 


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1 Holocaust through bilateral relationships and en2 gagement in international organizations such as the 

3 United Nations (UN) and the International Holo4 caust Remembrance Association (IHRA); the United 

5 States works to promote Holocaust education as a 

6 means to understand the importance of democratic 

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

8 awareness about the importance of genocide preven9 tion today. 

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

11 preserving the memory of the Holocaust and pro12 moting awareness, including by authorizing the 

13 United States Holocaust Memorial Museum as an 

14 independent establishment of the Federal Govern15 ment to ensure that ‘‘the study of the Holocaust be16 come part of the curriculum in every school system 

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

18 Holocaust Remembrance Day in 1978. 

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

20 of expanded Holocaust education to increase aware21 ness about Holocaust history, counter prejudice and 

22 discrimination, and enhance efforts to teach its uni23 versal lessons about human behavior and societal co24 hesion. 


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

2 World War II, with the decreasing number of eye3 witnesses and growing distance of students and their 

4 families from this history, it is important to institu5 tionalize education about the events of the Holocaust 

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

7 plan to lead a state to war and, with their collabo8 rators, kill millions—including the systematic mur9 der of 6,000,000 Jewish people; as well as the perse10 cution and murder of millions of others in the name 

11 of racial purity, political, ideological, and behavioral 

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

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

14 and homosexuals. 

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

16 all forms of hate are promoted by hate groups, Holo17 caust education provides a context in which to learn 

18 about the danger of what can happen when hate 

19 goes unchallenged and there is indifference in the 

20 face of the oppression of others; learning how and 

21 why the Holocaust happened is an important compo22 nent of the education of citizens of the United 

23 States. 

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

25 occurred or distort the true nature of the Holocaust 


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1 continue to find forums, especially online; this denial 

2 and distortion dishonors those who were persecuted, 

3 and murdered, making it even more of a national 

4 imperative to educate students in the United States 

5 so that they may explore the lessons that the Holo6 caust provides for all people, sensitize communities 

7 to the circumstances that gave rise to the Holocaust, 

8 and help youth be less susceptible to the falsehood 

9 of Holocaust denial and distortion and to the de10 structive messages of hate that arise from Holocaust 

11 denial and distortion. 

12 (7) Currently, many States, including Cali13 fornia, Connecticut, Florida, Illinois, Indiana, Ken14 tucky, Michigan, New Jersey, New York, Pennsyl15 vania, and Rhode Island, require by law that schools 

16 teach students about the Holocaust; more schools 

17 and teachers can and should deliver quality Holo18 caust education. 

19 (8) While there are thriving professional devel20 opment programs across the United States delivered 

21 by Holocaust education centers, such as members of 

22 the Association of Holocaust Organizations, many 

23 students still have little exposure to education about 

24 the events of the Holocaust and its relevance to their 

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


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1 barriers to getting resources from Holocaust edu2 cation centers to students in the classroom. 

3 (9) The Federal Government, especially the De4 partment of Education, has a role to play in pro5 moting resources and training that can assist teach6 ers and primary and secondary schools incorporate 

7 the study of the Holocaust into their curriculum, to 

8 help ensure that students have access to accurate 

9 and engaging historical information about the Holo10 caust, and the Department of Education is well-posi11 tioned to assist Holocaust education centers in over12 coming many of the barriers to expanding Holocaust 

13 education, which will allow more students to learn 

14 the lessons of the Holocaust. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti18 ty’’ means— 

19 (A) a local educational agency (as defined 

20 in section 8101 of the Elementary and Sec21 ondary Education Act of 1965 (20 U.S.C. 

22 7801)); 

23 (B) an organization eligible to receive 

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

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


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1 (C) a secondary school (as defined in sec2 tion 8101 of such Act (20 U.S.C. 7801)), that 

3 is independent of any local educational agency. 

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

5 means a certain perception of Jews, which may be 

6 expressed as hatred toward Jews. Rhetorical and 

7 physical manifestations of antisemitism are directed 

8 toward Jewish or non-Jewish individuals or their 

9 property, toward Jewish community institutions and 

10 religious facilities. 

11 (3) HOLOCAUST.—The term ‘‘Holocaust’’ 

12 means the systematic, bureaucratic, state-sponsored 

13 persecution and murder of approximately 6,000,000 

14 Jews by the Nazi regime and its collaborators. Dur15 ing the era of the Holocaust, German authorities 

16 also targeted other groups because of their perceived 

17 ‘‘racial inferiority’’, such as Roma gypsies, the dis18 abled, and some of the Slavic people (Poles, Rus19 sians, and others). Other groups were persecuted on 

20 political, ideological, and behavioral grounds, among 

21 them Communists, Socialists, Jehovah’s Witnesses, 

22 and homosexuals. 

23 (4) HOLOCAUST DENIAL AND DISTORTION.— 

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

25 discourse and propaganda that deny the historical 


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1 reality and the extent of the extermination of the 

2 Jews by the Nazis and their accomplices during 

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

4 Shoah. Holocaust denial refers specifically to any at5 tempt to claim that the Holocaust did not take 

6 place. Holocaust distortion refers to intentional ef7 forts to excuse or minimize the impact of the Holo8 caust or its principal elements, including collabo9 rators and allies of Nazi Germany, to blame the 

10 Jews for causing their own genocide, or to portray 

11 the Holocaust as a positive historical event. 

12 (5) HOLOCAUST EDUCATION CENTER.—The 

13 term ‘‘Holocaust education center’’ means an insti14 tution that furthers the teaching and learning about 

15 the Holocaust by offering programs for students and 

16 training for teachers and other types of professional 

17 leadership audiences. 

18 (6) HOLOCAUST EDUCATION PROGRAM.—The 

19 term ‘‘Holocaust education program’’ means a pro20 gram that— 

21 (A) has as its specific and primary purpose 

22 to improve awareness and understanding of the 

23 Holocaust and educate students on the lessons 

24 of the Holocaust as a means to raise awareness 


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1 about the importance of preventing genocide, 

2 hate, and bigotry against any group of people; 

3 (B) is delivered to students enrolled in 

4 middle grades or high school (as such terms are 

5 defined in section 8101 of the Elementary and 

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

7 7801)); 

8 (C) uses stories, testimonies, photos, dia9 ries, and other educational tools to support un10 derstanding rather than for shock value or sen11 sationalism; and 

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

13 (i) Educational materials that are 

14 age- and grade-appropriate. 

15 (ii) Student- and school-based activi16 ties, including field trips. 

17 (iii) The hiring of professional Holo18 caust educators to lead programming. 

19 (iv) Teacher training. 

20 (v) Programming that includes the 

21 following subjects where appropriate in in22 struction: 

23 (I) The breadth of the history of 

24 the Holocaust, including, the Third 

25 Reich dictatorship, concentration 


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1 camp system, persecution of Jews and 

2 non-Jews, Jewish and non-Jewish re3 sistance, and post-World War II 

4 trials. 

5 (II) Antisemitism, racism, and 

6 the abridgement of human and civil 

7 rights. 

8 (vi) Instruction in the content of Hol9 ocaust education that includes— 

10 (I) presentation of historically ac11 curate information; 

12 (II) correct terminology, vocabu13 lary, and labels, and encouraging stu14 dents to use this vocabulary; and 

15 (III) primary documents, includ16 ing personal testimony and sound his17 torical research from respected re18 sources. 

19 (vii) Supplementary resources re20 quired for teacher training, including 

21 transportation for teachers to and from 

22 training programs, housing at training pro23 grams, payment for substitute teachers 

24 while teachers are at training, and transVerDate Sep 11 2014 03:11 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2085.IS S2085

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1 portation of trainers to schools to provide 

2 training. 

3 (viii) Goods or services designed to 

4 improve awareness and understanding of 

5 the Holocaust. 

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

7 the Secretary of Education. 

8 SEC. 4. PROGRAM AUTHORIZED. 

9 (a) FUND ESTABLISHED.— 

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

11 general fund of the Treasury a separate account 

12 which shall be known as the ‘‘Holocaust Education 

13 Assistance Program Fund’’. Amounts deposited into 

14 the Holocaust Education Assistance Program Fund 

15 shall remain available until expended to the Sec16 retary to carry out the purposes of this Act in ac17 cordance with subsection (d). 

18 (2) AUTHORIZATION OF APPROPRIATIONS.— 

19 There are authorized to be appropriated to the Holo20 caust Education Assistance Program Fund, 

21 $2,000,000 for fiscal year 2020 and each of the 4 

22 succeeding fiscal years. 

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

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

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


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1 funds donated under this subsection, and any proceeds 

2 from the sales of other property received as gifts or be3 quests pursuant to this subsection, shall be deposited in 

4 the Holocaust Education Assistance Program Fund. 

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

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

7 donor on the part of the Secretary or which attaches con8 ditions inconsistent with applicable laws and regulations 

9 or that is conditioned upon or will require the expenditure 

10 of appropriated funds that are not available to the Sec11 retary, or which compromises a criminal or civil position 

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

13 or the administrative authority of any agency of the 

14 United States. The Secretary shall ensure that each dona15 tion is subject to an agreement that contains provisions 

16 setting forth the criteria to be used in determining wheth17 er the acceptance of a donation is prohibited because the 

18 donation would reflect unfavorably upon the ability of the 

19 Department, or any official or employee of the Depart20 ment, to carry out its responsibilities or official duties in 

21 a fair and objective manner, or would compromise the in22 tegrity or the appearance of the integrity of its programs 

23 or any official or employee involved in those programs. 

24 (d) USE OF FUNDS.— 


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

2 to use funds from the Holocaust Education Assist3 ance Program Fund— 

4 (A) to award grants to eligible entities to 

5 carry out Holocaust education programs; 

6 (B) to conduct periodic regional work7 shops, in partnership with Holocaust education 

8 centers when and where appropriate, to provide 

9 teachers with technical assistance on how to 

10 structure curricula to incorporate Holocaust 

11 education in a manner that satisfies challenging 

12 State academic standards, as described in sec13 tion 1111(b) of the Elementary and Secondary 

14 Education Act of 1965 (20 U.S.C. 6311(b)), 

15 and standards set by local educational agencies; 

16 (C) to cover administrative costs associated 

17 with fundraising authorized under this Act; and 

18 (D) to cover administrative costs associ19 ated with administering the grants and creating 

20 and maintaining the online Holocaust education 

21 repository of resources, defined in section 5. 

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

23 expended from the Holocaust Education Assistance 

24 Program Fund shall be expended to award grants to 


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1 eligible entities to carry out proposed Holocaust edu2 cation programs. 

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

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

5 submitted an application to the Secretary at such time, 

6 in such manner, and based on such competitive criteria 

7 as the Secretary may require. 

8 SEC. 5. ONLINE HOLOCAUST EDUCATION REPOSITORY OF 

9 RESOURCES. 

10 (a) WEBSITE.—The Secretary shall create and main11 tain a Holocaust education program website within an al12 ready existing site or, if necessary, create a new site, con13 taining Holocaust education program resources for middle 

14 grades and high schools. The website shall facilitate con15 nections between eligible entities and Holocaust education 

16 centers, institutions, and foundations displayed on the 

17 website to gain expertise in content and pedagogy for in18 structing the subject matter appropriately and effectively. 

19 The website and resources shall be made available to all 

20 eligible entities and all Holocaust education centers. The 

21 Secretary shall market the website along with the Holo22 caust Education Assistance Program to State and local 

23 educational agencies and all eligible entities. 

24 (b) INFORMATION DISTRIBUTION.—The Secretary 

25 shall distribute information about the Holocaust EduVerDate Sep 11 2014 03:11 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2085.IS S2085

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1 cation Assistance Program and the Holocaust Education 

2 website to each State department of education and to any 

3 local educational agency, individual school, individual 

4 teacher, or Holocaust education center that requests the 

5 information. 

6 (c) BEST PRACTICES.—The information distributed 

7 by the Secretary shall include best practices for educators 

8 on how to incorporate materials and resources on Holo9 caust education into a curriculum. 

10 SEC. 6. HOLOCAUST EDUCATION ADVISORY BOARD. 

11 (a) IN GENERAL.—In carrying out this Act, the Sec12 retary shall establish an advisory board, which shall be 

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

14 (b) MEMBERSHIP.—The Holocaust Education Advi15 sory Board shall consist of 12 members, as follows: 

16 (1) FINANCE DIRECTORS.—Three finance direc17 tors, with experience in nonprofit fundraising, who 

18 shall be responsible for overseeing fundraising ef19 forts for the Holocaust Education Assistance Pro20 gram Fund. These individuals may not be engaged 

21 in fundraising for an existing Holocaust education 

22 center in a formal or professional capacity at the 

23 time of their appointment. 

24 (2) NATIONAL HOLOCAUST EDUCATION REP25 RESENTATIVES.—Four national Holocaust education 


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1 representatives, with educational and professional 

2 experience in Holocaust education, who shall rep3 resent leading national holocaust education centers, 

4 such as the United States Holocaust Memorial Mu5 seum, the Simon Wiesenthal Center, the USC Shoah 

6 Foundation, or the Anti-Defamation League. 

7 (3) REGIONAL HOLOCAUST EDUCATION REP8 RESENTATIVES.—Four regional Holocaust education 

9 representatives, with educational and professional 

10 experience in Holocaust education, who shall rep11 resent regional Holocaust education centers. 

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

13 with professional experience in both Holocaust edu14 cation and nonprofit fundraising. 

15 (c) APPOINTMENT.—Members of the Holocaust Edu16 cation Advisory Board shall be appointed as follows: 

17 (1) Three members shall be appointed by the 

18 majority leader of the Senate. 

19 (2) Three members shall be appointed by the 

20 Speaker of the House of Representatives. 

21 (3) Three members shall be appointed by the 

22 minority leader of the Senate. 

23 (4) Three members shall be appointed by the 

24 minority leader of the House of Representatives. 


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1 (d) TERMS.—Each member of the Holocaust Edu2 cation Advisory Board shall serve a 4-year term, except 

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

4 (e) DUTIES.—The Holocaust Education Advisory 

5 Board— 

6 (1) shall advise the Secretary on developing 

7 competitive criteria and content of application as de8 scribed in section 4(e); 

9 (2) shall advise the Secretary on the content 

10 that is displayed on the Holocaust education pro11 gram website required under section 5; 

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

13 the Holocaust Education Assistance Program Fund; 

14 and 

15 (4) shall submit an annual fundraising plan to 

16 the Secretary prior to the board receiving any funds 

17 for administrative costs associated with fundraising. 

18 (f) PERSONNEL.—The Holocaust Education Advisory 

19 Board may be granted funds by the Secretary from the 

20 Holocaust Education Assistance Program Fund to employ 

21 and compensate an executive director and any other addi22 tional personnel necessary for fundraising efforts. Any in23 dividual employed by the Holocaust Education Advisory 

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1 ered a Federal employee for the purpose of any law gov2 erning Federal employment. 

3 (g) LIMITATIONS.— 

4 (1) IN GENERAL.—The Holocaust Education 

5 Advisory Board shall not be an agency or instrumen6 tality of the Federal Government, and officers, em7 ployees, and members of the board of the Holocaust 

8 Education Advisory Board shall not be officers or 

9 employees of the Federal Government. No funds 

10 from the Holocaust Education Assistance Program 

11 Fund may be paid as compensation to members of 

12 the Holocaust Education Advisory Board for their 

13 service. 

14 (2) EXCEPTION.—An individual who is em15 ployed by the United States Holocaust Memorial 

16 Museum shall be eligible for appointment to the Hol17 ocaust Education Advisory Board as a national Hol18 ocaust education representative. 

19 (h) TRAVEL EXPENSES.—A member of the Holocaust 

20 Education Advisory Board shall be allowed a per diem al21 lowance for travel expenses, to be paid for from the Holo22 caust Education Assistance Program Fund, at rates con23 sistent with those authorized under subchapter I of chap24 ter 57 of title 5, United States Code. 


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1 (i) TECHNICAL ASSISTANCE.—On request of the Hol2 ocaust Education Advisory Board, the head of a Federal 

3 agency may provide technical assistance to the Holocaust 

4 Education Advisory Board, but no Federal employee may 

5 be detailed to the Holocaust Education Advisory Board. 

6 (j) VACANCIES.—A vacancy in the Holocaust Edu7 cation Advisory Board— 

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

9 Education Advisory Board; and 

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

11 original appointment was made. 

12 (k) APPLICABILITY OF FACA.—The Holocaust Edu13 cation Advisory Board shall be treated as an advisory com14 mittee subject to the Federal Advisory Committee Act (5 

15 U.S.C. App.). 

16 SEC. 7. USE OF GRANT FUNDS. 

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

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

19 students with a Holocaust education program in accord20 ance with the following requirements: 

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

22 of educating students on the history of the Holo23 caust and the relevant lessons that can be learned 

24 from the Holocaust in dealing with modern day 

25 issues of genocide, hate, and bigotry against any 


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1 group of people. This may include the teaching of 

2 other genocides along with the Holocaust. 

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

4 Holocaust education program for which the grant 

5 was provided. 

6 (3) Any other limitation on use of funds estab7 lished by the Secretary, in consultation with the Hol8 ocaust Education Advisory Board. 

9 (b) GRANT PERIOD.—Grants awarded under this Act 

10 shall be for a period of 1 year. 

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

12 grant under this Act shall comply with the following re13 quirements: 

14 (1) The eligible entity shall, throughout the pe15 riod that the institution receives and uses the fund16 ing, continue to be an eligible entity. 

17 (2) The eligible entity shall ensure the funding 

18 is used to supplement, and not supplant, non-Fed19 eral funds that would otherwise be available to the 

20 eligible entity to carry out the Holocaust education 

21 program for which the grant was provided. 

22 (d) PRIORITY.—In awarding grants under this sec23 tion, the Secretary shall give priority to eligible entities 

24 that do not currently offer any Holocaust education pro25 gramming. 


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1 (e) COMPETITIVE CRITERIA.—The Secretary shall es2 tablish competitive criteria for use in awarding grants 

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

4 enactment of this Act. The competitive criteria shall be 

5 displayed on the Department’s Holocaust Education 

6 website along with all necessary forms and instructions to 

7 allow eligible entities to apply for grants from the Holo8 caust Education Assistance Program Fund. 

9 SEC. 8. REVIEW. 

10 The Secretary shall review at least annually each eli11 gible entity receiving a grant under this Act to determine 

12 the extent to which the eligible entity may not be in com13 pliance with the provisions of this Act and the regulations 

14 issued under this Act. The Secretary shall consult the Hol15 ocaust Education Advisory Board as needed for uncertain 

16 cases. The Secretary shall also establish a process for the 

17 Holocaust Education Advisory Board to submit instances 

18 of suspected noncompliance for programs supported by 

19 these funds, and the Secretary shall review any grant that 

20 is submitted by the Holocaust Education Advisory Board 

21 for suspected noncompliance not later than 60 days after 

22 the Holocaust Education Advisory Board submits a pro23 gram for review by the Secretary, and the Secretary shall 

24 notify the grantee of potential 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 entities are offering instruction in Holocaust 

15 education. 

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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