Simon Wiesenthal Holocaust Education Assistance Act

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Simon Wiesenthal Holocaust Education 
Assistance Act''.

SEC. 2. HOLOCAUST EDUCATIONAL PROGRAM.

    Part A of title IV of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7111 et seq.) is amended by adding at the end the 
following:

          ``Subpart 3--Holocaust Education Assistance Program

``SEC. 4131. FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress finds the following:
            ``(1) The Holocaust was a historical event that resulted in 
        the systemic, state-sponsored, mass murders by Nazi Germany of 
        6,000,000 Jews, along with millions of others, in the name of 
        racial purity.
            ``(2) Eight States (California, Florida, Illinois, Indiana, 
        Michigan, New Jersey, New York, and Rhode Island) now mandate 
        that the Holocaust be taught in the educational curriculum, and 
        12 States (Alabama, Connecticut, Georgia, Mississippi, 
        Missouri, Nevada, North Carolina, Pennsylvania, South Carolina, 
        Tennessee, Washington, and West Virginia) recommend teaching 
        the Holocaust but the funds necessary to carry out those 
        recommendations may not be available.
            ``(3) The Holocaust is a sensitive and difficult subject to 
        teach effectively, and educators need appropriate teaching 
        tools and training to increase their knowledge of the Holocaust 
        and enhance the educational experience.
    ``(b) Statement of Purpose.--It is the purpose of this subpart--
            ``(1) to educate students in the United States so that 
        they--
                    ``(A) may explore the lessons that the Holocaust 
                provides for all people; and
                    ``(B) may be less susceptible to the falsehood of 
                Holocaust denial and to the destructive messages of 
                hate that arise from Holocaust denial; and
            ``(2) to provide resources and support for educational 
        programs that--
                    ``(A) portray accurate historical information about 
                the Holocaust;
                    ``(B) sensitize communities to the circumstances 
                that gave rise to the Holocaust;
                    ``(C) convey the lessons that the Holocaust 
                provides for all people; and
                    ``(D) develop curriculum guides and provide 
                training to help teachers incorporate the study of the 
                Holocaust and its lessons into mainstream disciplines.

``SEC. 4132. PROGRAM AUTHORIZED.

    ``(a) In General.--From funds made available under subsection (c), 
the Secretary is authorized to award grants to educational 
organizations to carry out proposed or existing Holocaust educational 
programs.
    ``(b) Contract With Nonprofit.--The Secretary is authorized to 
enter into a contract with a nonprofit organization exempt from 
taxation under section 501(c)(3) of the Internal Revenue Code of 1986 
under which the organization will encourage, accept, and administer 
voluntary private donations and gifts of money from individuals, 
corporations, foundations and other donors for the purpose of funding 
the activities under this subpart. A donation may not be accepted 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 Department, 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 such 
contract contains provisions setting forth the criteria to be used in 
determining whether the solicitation or 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.
    ``(c) Use of Funds.--The Secretary is authorized to accept 
donations of money from the nonprofit described in subsection (b). Such 
funds shall be deposited in a special fund established in the Treasury 
of the United States titled `Holocaust Education Assistance Program 
Account' and shall remain available to the Secretary until expended, to 
the extent provided in advance in appropriations Acts, to carry out 
this subpart.

``SEC. 4133. APPLICATION.

    ``The Secretary may award a grant under this subpart only to an 
educational organization that has submitted an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.

``SEC. 4134. USE OF GRANTS.

    ``(a) In General.--An educational organization receiving a grant 
under this subpart may use the grant only to carry out the Holocaust 
education program for which the grant was provided.
    ``(b) Requirements.--An educational organization receiving a grant 
under this subpart shall comply with the following requirements:
            ``(1) Continuation of eligibility.--The educational 
        organization shall, throughout the period that the educational 
        organization receives and uses the grant, continue to be an 
        educational organization.
            ``(2) Supplementation of existing funds.--The educational 
        organization shall ensure that the grant is used to supplement, 
        and not supplant, non-Federal funds that would otherwise be 
        available to the educational organization to carry out the 
        Holocaust education program for which the grant was provided.
    ``(c) Additional Conditions.--The Secretary may require additional 
terms and conditions in connection with the use of grants provided 
under this subpart as the Secretary considers appropriate.
    ``(d) Cooperative Arrangements.--The Secretary should encourage 
educational organizations to work cooperatively with State educational 
agencies or local educational agencies in applying for and using grants 
under this subpart.

``SEC. 4135. SELECTION CRITERIA.

    ``(a) In General.--The Secretary shall award grants under this 
subpart in accordance with competitive criteria to be established by 
the Secretary.
    ``(b) Consultation With Holocaust Educators.--In establishing the 
competitive criteria under subsection (a), the Secretary shall consult 
with a number of prominent educators in the field of Holocaust 
education, to be determined by the Secretary.

``SEC. 4136. REVIEW AND SANCTIONS.

    ``(a) Annual Review.--The Secretary shall review at least annually 
each educational organization receiving a grant under this subpart to 
determine the extent to which the educational organization has complied 
with the provisions of this subpart and the regulations issued under 
this subpart.
    ``(b) Imposition of Sanctions.--The Secretary may impose one or 
more sanctions, to be determined by the Secretary, on an educational 
organization for the failure of the educational organization to comply 
substantially with the provisions of this subpart or the regulations 
issued under this subpart.

``SEC. 4137. ANNUAL REPORT.

    ``Not later than February 1 of each year, the Secretary shall 
submit to the Congress a report describing the activities carried out 
under this subpart and containing any related information that the 
Secretary considers appropriate.

``SEC. 4138. DEFINITIONS.

    ``In this subpart:
            ``(1) Educational organization.--The term `educational 
        organization' means an entity--
                    ``(A) described in section 501(c)(3) of the 
                Internal Revenue Code of 1986;
                    ``(B) exempt from tax under section 501(a) of the 
                Internal Revenue Code of 1986; and
                    ``(C) organized and operated for cultural, 
                literary, or educational purposes.
            ``(2) 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
                    ``(B) to achieve such purpose, furnishes one or 
                more of the following:
                            ``(i) Educational materials.
                            ``(ii) Student and school-based activities, 
                        including field trips.
                            ``(iii) Teacher training.
                            ``(iv) Any other good or service designed 
                        to improve awareness and understanding of the 
                        Holocaust.
            ``(3) Holocaust.--The term `Holocaust' means the systemic, 
        state-sponsored, mass murders by Nazi Germany of 6,000,000 
        Jews, and millions of others, in the name of racial purity.

``SEC. 4139. REGULATIONS.

    ``The Secretary shall issue any regulations necessary to carry out 
this subpart.''.

SEC. 3. CLERICAL AMENDMENT.

    The table of contents of the Elementary and Secondary Education Act 
of 1965 is amended by adding after the item relating to section 4121 
the following:

          ``Subpart 3--Holocaust Education Assistance Program

``Sec. 4131. Findings and purposes.
``Sec. 4132. Program authorized.
``Sec. 4133. Application.
``Sec. 4134. Use of grants.
``Sec. 4135. Selection criteria.
``Sec. 4136. Review and sanctions.
``Sec. 4137. Annual report.
``Sec. 4138. Definitions.
``Sec. 4139. Regulations.''.

Summary: Simon Wiesenthal Holocaust Education Assistance Act This bill amends the Elementary and Secondary Education Act of 1965 to authorize the Department of Education (ED) to award competitive grants to educational organizations to carry out proposed or existing Holocaust education programs. ED may contract with a nonprofit organization to encourage, accept, and administer private donations and gifts for funding the education programs. Grants may not be used to supplant nonfederal funds the grantees would otherwise have used for Holocaust education programs.