I 

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. 

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: 


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1 (1) The United States has demonstrated a com2 mitment to remembrance and education about the 

3 Holocaust through bilateral relationships and en4 gagement in international organizations such as the 

5 United Nations (UN) and the International Holo6 caust Remembrance Association (IHRA); the United 

7 States works to promote Holocaust education as a 

8 means to understand the importance of democratic 

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

10 awareness about the importance of genocide preven11 tion today. 

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

13 preserving the memory of the Holocaust and pro14 moting awareness, including by authorizing the 

15 United States Holocaust Memorial Museum as an 

16 independent establishment of the Federal Govern17 ment to ensure that ‘‘the study of the Holocaust be18 come part of the curriculum in every school system 

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

20 Holocaust Remembrance Day in 1978. 

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

22 of expanded Holocaust education to increase aware23 ness about Holocaust history, counter prejudice and 

24 discrimination, and enhance efforts to teach its uniVerDate Sep 11 2014 00:02 Apr 13, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5460.IH H5460

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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 to learn about the 

20 danger of what can happen when hate goes unchal21 lenged and there is indifference in the face of the 

22 oppression of others. Learning how and why the 

23 Holocaust happened is an important component of 

24 the education of citizens of the United 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. This makes it even more of a na6 tional imperative to educate students in the United 

7 States so that they may explore the lessons that the 

8 Holocaust provides for all people, sensitize commu9 nities to the circumstances that gave rise to the Hol10 ocaust, and help youth be less susceptible to the 

11 falsehood of Holocaust denial and distortion and to 

12 the destructive messages of hate that arise from 

13 Holocaust 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. While there are thriving professional develop20 ment programs across the United States delivered by 

21 Holocaust education centers, such as members of the 

22 Association of Holocaust Organizations, many stu23 dents still have little exposure to education about the 

24 events of the Holocaust and its relevance to their 

25 lives. This is, in part, due to the many financial and 


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1 logistical barriers to getting resources from Holo2 caust education centers to students in the classroom. 

3 (8) 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 educational institutions to incorporate the 

7 study of the Holocaust into their schools, to help en8 sure that students have access to accurate and en9 gaging historical information about the Holocaust. 

10 The Department of Education is well-positioned to 

11 assist Holocaust education centers in overcoming 

12 many of the barriers to expanding Holocaust edu13 cation, which will allow more students to learn the 

14 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 and/or 

9 their property, toward Jewish community institu10 tions and religious facilities. 

11 (3) HOLOCAUST.—The term ‘‘the 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 both such 

5 terms are defined in section 8101 of the Ele6 mentary and Secondary Education Act of 1965; 

7 (C) uses stories, testimonies, photos, dia8 ries and other educational tools to support un9 derstanding rather than for shock value or sen10 sationalism; and 

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

12 (i) Educational materials that are 

13 age- and grade-appropriate. 

14 (ii) Student and school-based activi15 ties, including field trips. 

16 (iii) The hiring of professional Holo17 caust educators to lead programming. 

18 (iv) Teacher training. 

19 (v) Programming that includes the 

20 following subjects where appropriate in in21 struction: 

22 (I) The breadth of the history of 

23 the Holocaust, including, the Third 

24 Reich dictatorship, concentration 

25 camp system, persecution of Jews and 


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1 non-Jews, Jewish and non-Jewish re2 sistance, and post-World War II 

3 trials. 

4 (II) Antisemitism, racism, and 

5 the abridgement of human and civil 

6 rights. 

7 (vi) Instruction in the content of Hol8 ocaust education that includes— 

9 (I) presentation of historically ac10 curate information; 

11 (II) correct terminology, vocabu12 lary, and labels, and encouraging stu13 dents to use this vocabulary; and 

14 (III) primary documents, includ15 ing personal testimony and sound his16 torical research from respected re17 sources. 

18 (vii) Supplementary resources re19 quired for teacher training, including 

20 transportation for teachers to and from 

21 training programs, housing at training pro22 grams, payment for substitute teachers 

23 while teachers are at training, and trans24 portation of trainers to schools to provide 

25 training. 


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1 (viii) Goods or services designed to 

2 improve awareness and understanding of 

3 the Holocaust. 

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

5 the Secretary of Education. 

6 SEC. 4. PROGRAM AUTHORIZED. 

7 (a) FUND ESTABLISHED.—There is established in 

8 the general fund of the Treasury a separate account which 

9 shall be known as the ‘‘Holocaust Education Assistance 

10 Program Fund’’. To the extent provided in advance in ap11 propriations Acts, amounts deposited into the Holocaust 

12 Education Assistance Program Fund shall remain avail13 able until expended to the Secretary to carry out the pur14 poses of this Act in accordance with subsection (d). 

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

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

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

18 funds donated under this subsection, and any proceeds 

19 from the sales of other property received as gifts or be20 quests pursuant to this subsection, shall be deposited in 

21 the Holocaust Education Assistance Program Fund. 

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

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

24 donor on the part of the Secretary or which attaches con25 ditions inconsistent with applicable laws and regulations 


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1 or that is conditioned upon or will require the expenditure 

2 of appropriated funds that are not available to the Sec3 retary, or which compromises a criminal or civil position 

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

5 or the administrative authority of any agency of the 

6 United States. The Secretary shall ensure that each dona7 tion is subject to an agreement that contains provisions 

8 setting forth the criteria to be used in determining wheth9 er the acceptance of a donation is prohibited because the 

10 donation would reflect unfavorably upon the ability of the 

11 Department, or any official or employee of the Depart12 ment, to carry out its responsibilities or official duties in 

13 a fair and objective manner, or would compromise the in14 tegrity or the appearance of the integrity of its programs 

15 or any official or employee involved in those programs. 

16 (d) USE OF FUNDS.— 

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

18 to use funds from the Holocaust Education Assist19 ance Program Fund— 

20 (A) to award grants to eligible entities to 

21 carry out Holocaust education programs; 

22 (B) to conduct periodic regional work23 shops, in partnership with Holocaust education 

24 centers when and where appropriate, to provide 

25 teachers with technical assistance on how to 


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1 structure curricula to incorporate Holocaust 

2 education in a manner that satisfies State edu3 cation standards, as described in section 

4 1111(a) of the Elementary and Secondary Edu5 cation Act of 1965 (20 U.S.C. 1111(a)), and 

6 standards set by local educational agencies; 

7 (C) to cover administrative costs associated 

8 with fundraising authorized under this Act; and 

9 (D) to cover administrative costs associ10 ated with administering the grants and creating 

11 and maintaining the online Holocaust education 

12 repository of resources, defined in section 5. 

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

14 expended from the Holocaust Education Assistance 

15 Program Fund shall be expended to award grants to 

16 eligible entities to carry out proposed Holocaust edu17 cation programs. 

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

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

20 submitted an application to the Secretary at such time, 

21 in such manner, and based on such competitive criteria 

22 as the Secretary may require. 


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1 SEC. 5. ONLINE HOLOCAUST EDUCATION REPOSITORY OF 

2 RESOURCES. 

3 (a) WEBSITE.—The Secretary shall create and main4 tain a Holocaust education program website within an al5 ready existing site or, if necessary, create a new site, con6 taining Holocaust education program resources for middle 

7 grades and high schools. The website shall facilitate con8 nections between eligible entities and Holocaust education 

9 centers, institutions, and foundations displayed on the 

10 website to gain expertise in content and pedagogy for in11 structing the subject matter appropriately and effectively. 

12 The website and resources shall be made available to all 

13 eligible entities and all Holocaust education centers. The 

14 Secretary shall market the website along with the Holo15 caust Education Assistance Program to State and local 

16 educational agencies and all eligible entities. 

17 (b) INFORMATION DISTRIBUTION.—The Secretary 

18 shall distribute information about the Holocaust Edu19 cation Assistance Program and the Holocaust Education 

20 Website to each State department of education and to any 

21 local educational agency, individual school, individual 

22 teacher, or Holocaust education center that requests the 

23 information. 

24 (c) BEST PRACTICES.—The information distributed 

25 by the Secretary shall include best practices for educators 


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1 on how to incorporate materials and resources on Holo2 caust education into a curriculum. 

3 SEC. 6. HOLOCAUST EDUCATION ADVISORY BOARD. 

4 (a) IN GENERAL.—In carrying out this Act, the Sec5 retary shall establish an advisory board, which shall be 

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

7 (b) MEMBERSHIP.—The Holocaust Education Advi8 sory Board shall consist of 12 members, as follows: 

9 (1) FINANCE DIRECTORS.—Three finance direc10 tors, with experience in nonprofit fundraising, who 

11 shall be responsible for overseeing fundraising ef12 forts for the Holocaust Education Assistance Fund. 

13 These individuals may not be engaged in fundraising 

14 for an existing Holocaust education center in a for15 mal or professional capacity at the time of their ap16 pointment. 

17 (2) NATIONAL HOLOCAUST EDUCATION REP18 RESENTATIVES.—Four national Holocaust education 

19 representatives, with educational and professional 

20 experience in Holocaust education, who shall rep21 resent leading national holocaust education centers, 

22 such as the United States Holocaust Memorial Mu23 seum, the Simon Wiesenthal Center, the USC Shoah 

24 Foundation, or the Anti-Defamation League. 


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1 (3) REGIONAL HOLOCAUST EDUCATION REP2 RESENTATIVES.—Four regional Holocaust education 

3 representatives, with educational and professional 

4 experience in Holocaust education, who shall rep5 resent regional Holocaust education centers. 

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

7 with professional experience in both Holocaust edu8 cation and nonprofit fundraising. 

9 (c) APPOINTMENT.—Members of the Holocaust Edu10 cation Advisory Board shall be appointed as follows: 

11 (1) 3 members shall be appointed by the major12 ity leader of the Senate. 

13 (2) 3 members shall be appointed by the Speak14 er of the House of Representatives. 

15 (3) 3 members shall be appointed by the minor16 ity leader of the Senate. 

17 (4) 3 members shall be appointed by the minor18 ity leader of the House of Representatives. 

19 (d) TERMS.—Each member of the Holocaust Edu20 cation Advisory Board shall serve a 4-year term, except 

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

22 (e) DUTIES.—The Holocaust Education Advisory 

23 Board— 


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1 (1) shall advise the Secretary on developing 

2 competitive criteria and content of application as de3 scribed in section 4(e); 

4 (2) shall advise the Secretary on the content 

5 that is displayed on the Holocaust education pro6 gram website required under section 5; 

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

8 the Holocaust Education Assistance Program Fund; 

9 and 

10 (4) shall submit an annual fundraising plan to 

11 the Secretary prior to the board receiving any funds 

12 for administrative costs associated with fundraising. 

13 (f) PERSONNEL.—The Holocaust Education Advisory 

14 Board may be granted funds by the Secretary from the 

15 Holocaust Education Assistance Program Fund to employ 

16 and compensate an executive director and any other addi17 tional personnel necessary for fundraising efforts. Any in18 dividual employed by the Holocaust Education Advisory 

19 Board shall not, by virtue of such employment, be consid20 ered a Federal employee for the purpose of any law gov21 erning Federal employment. 

22 (g) LIMITATIONS.— 

23 (1) IN GENERAL.—The Holocaust Education 

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1 ployees, and members of the board of the Holocaust 

2 Education Advisory Board shall not be officers or 

3 employees of the Federal Government. No funds 

4 from the Holocaust Education Assistance Fund may 

5 be paid as compensation to members of the Holo6 caust Education Advisory Board for their service. 

7 (2) EXCEPTION.—An individual who is em8 ployed by the United States Holocaust Memorial 

9 Museum shall be eligible for appointment to the Hol10 ocaust Education Advisory Board as a national Hol11 ocaust education representative. 

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

13 Board shall be allowed a per diem allowance for travel ex14 penses, to be paid for from the Holocaust Education As15 sistance Program Fund, at rates consistent with those au16 thorized under subchapter I of chapter 57 of title 5, 

17 United States Code. 

18 (i) TECHNICAL ASSISTANCE.—On request of the Hol19 ocaust Education Advisory Board, the head of a Federal 

20 agency may provide technical assistance to the Holocaust 

21 Education Advisory Board, but no Federal employee may 

22 be detailed to the Holocaust Education Advisory Board. 

23 (j) VACANCIES.—A vacancy in the Holocaust Edu24 cation Advisory Board— 


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

2 Education Advisory Board; and 

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

4 original appointment was made. 

5 (k) APPLICABILITY OF FACA.—The Holocaust Edu6 cation Advisory Board shall be treated as an advisory com7 mittee subject to the Federal Advisory Committee Act (5 

8 U.S.C. App.). 

9 SEC. 7. USE OF GRANT FUNDS. 

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

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

12 students with a Holocaust education program in accord13 ance with the following requirements: 

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

15 of educating students on the history of the Holo16 caust and the relevant lessons that can be learned 

17 from the Holocaust in dealing with modern day 

18 issues of genocide, hate, and bigotry against any 

19 group of people. This can include the teaching of 

20 other genocides along with the Holocaust. 

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

22 Holocaust education program for which the grant 

23 was provided. 


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1 (3) Any other limitation on use of funds estab2 lished by the Secretary, in consultation with the Hol3 ocaust Education Advisory Board. 

4 (b) GRANT PERIOD.—Grants awarded under this sec5 tion shall be for a period of 1 year. 

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

7 grant shall comply with the following requirements: 

8 (1) The eligible entity shall, throughout the pe9 riod that the institution receives and uses the fund10 ing, continue to be an eligible entity. 

11 (2) The eligible entity shall ensure the funding 

12 is used to supplement, and not supplant, non-Fed13 eral funds that would otherwise be available to the 

14 eligible entity to carry out the Holocaust education 

15 program for which the grant was provided. 

16 (d) PRIORITY.—In awarding grants under this sec17 tion, the Secretary shall give priority to eligible entities 

18 that do not currently offer any Holocaust education pro19 gramming. 

20 (e) COMPETITIVE CRITERIA.—The Secretary shall es21 tablish competitive criteria for use in awarding grants 

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

23 enactment of this Act. The competitive criteria shall be 

24 displayed on the Department’s Holocaust Education 

25 Website along with all necessary forms and instructions 


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1 to allow eligible entities to apply for grants from the Holo2 caust Education Assistance Program Fund. 

3 SEC. 8. REVIEW. 

4 The Secretary shall review at least annually each eli5 gible entity receiving a grant under this Act to determine 

6 the extent to which the eligible entity may not be in com7 pliance with the provisions of this Act and the regulations 

8 issued under this Act. The Secretary shall consult the Ad9 visory Board as needed for uncertain cases. The Secretary 

10 shall also establish a process for the Advisory Board to 

11 submit instances of suspected noncompliance for programs 

12 supported by these funds, and the Secretary shall review 

13 any grant that is submitted by the Advisory Board for 

14 suspected noncompliance not later than 60 days after the 

15 Advisory Board submits a program for review by the Sec16 retary, and the Secretary shall notify the grantee of poten17 tial noncompliance. 

18 SEC. 9. ANNUAL REPORT. 

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

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

21 describing the activities carried out under this Act. The 

22 report shall include the following information: 

23 (1) The amount of money donated to the Holo24 caust Education Assistance Program Fund. 


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1 (2) The amount of money allocated in grants 

2 from the fund. 

3 (3) The number of eligible entities using the 

4 grant funding to offer instruction in Holocaust edu5 cation. 

6 (4) A description of the manner in which eligi7 ble entity are offering instruction in Holocaust edu8 cation. 

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

10 the grade levels that such instruction is offered and 

11 the course within which such instruction is inte12 grated. 

13 (b) ADDITIONAL INFORMATION.—The report shall 

14 also contain any other related information that the Sec15 retary considers appropriate. 

Æ 


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