,,ii #aafth ,,congress #ast ,session ,s4 #bjhe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #aj1 #bjai,ms4 ,rosen 7for herself1 ,mr4 ,cramer1 ,mr4 ,rubio1 and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to authorize the ,secretary of ,education to award grants to eligible entities to carry out educational programs about the ,holocaust1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,never ,again ,education ,act4 #b4 ,findings ,the ,congress finds the following3 7#a7 ,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 7,,un7 and the ,international ,holocaust ,remembrance ,association 7,,ihra72 the ,united ,states works to promote ,holocaust education as a means to understand the importance of democratic principles1 use and abuse of power1 and to raise awareness about the importance of genocide prevention today4 7#b7 ,the ,congress has played a critical role in preserving the memory of the ,holocaust and promoting awareness1 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 country1 as well as by establishing a national ,holocaust ,remembrance ,day in #aigh4 7#c7 ,the ,congress has gone on record in support of expanded ,holocaust education to increase awareness about ,holocaust history1 counter prejudice and discrimination1 and enhance efforts to teach its universal lessons about human behavior and societal cohesion4 7#d7 ,more than #gj years after the conclusion of ,world ,war ,,ii1 with the decreasing number of eyewitnesses and growing distance of students and their families from this history1 it is important to institutionalize education about the events of the ,holocaust such as the ,nazis' racist ideology1 propaganda1 and plan to lead a state to war and1 with their collaborators1 kill millions--including the systematic murder of #f1jjj1jjj ,jewish people2 as well as the persecution and murder of millions of others in the name of racial purity1 political1 ideological1 and behavioral grounds1 among them ,roma1 the disabled1 the ,slavic people1 ,communists1 ,socialists1 ,jehovah's ,witnesses1 and homosexuals4 7#e7 ,as intolerance1 antisemitism1 bigotry1 and all forms of hate are promoted by hate groups1 ,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 others2 learning how and why the ,holocaust happened is an important component of the education of citizens of the ,united ,states4 7#f7 ,today1 those who deny that the ,holocaust occurred or distort the true nature of the ,holocaust continue to find forums1 especially online2 this denial and distortion dishonors those who were persecuted1 and murdered1 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 people1 sensitize communities to the circumstances that gave rise to the ,holocaust1 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 distortion4 7#g7 ,currently1 many ,states1 including ,california1 ,connecticut1 ,florida1 ,illinois1 ,indiana1 ,kentucky1 ,michigan1 ,new ,jersey1 ,new ,york1 ,pennsylvania1 and ,rhode ,island1 require by law that schools teach students about the ,holocaust2 more schools and teachers can and should deliver quality ,holocaust education4 7#h7 ,while there are thriving professional development programs across the ,united ,states delivered by ,holocaust education centers1 such as members of the ,association of ,holocaust ,organizations1 many students still have little exposure to education about the events of the ,holocaust and its relevance to their lives1 in part due to the many financial and logistical barriers to getting resources from ,holocaust education centers to students in the classroom4 7#i7 ,the ,federal ,government1 especially the ,department of ,education1 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 curriculum1 to help ensure that students have access to accurate and engaging historical information about the ,holocaust1 and the ,department of ,education is well-positioned to assist ,holocaust education centers in overcoming many of the barriers to expanding ,holocaust education1 which will allow more students to learn the lessons of the ,holocaust4 #c4 ,definitions ,in this ,act3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a local educational agency 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7,b7 an organization eligible to receive funds under part ,b of title ,,iv of such ,act 7#bj ,u4,s4,c4 #gaga et seq472 or 7,c7 a secondary school 7as defined in section #haja of such ,act 7#bj ,u4,s4,c4 #ghja771 that is independent of any local educational agency4 7#b7 ,antisemitism ,the term antisemitism means a certain perception of ,jews1 which may be expressed as hatred toward ,jews4 ,rhetorical and physical manifestations of antisemitism are directed toward ,jewish or non-,jewish individuals or their property1 toward ,jewish community institutions and religious facilities4 7#c7 ,holocaust ,the term ,holocaust means the systematic1 bureaucratic1 state-sponsored persecution and murder of approximately #f1jjj1jjj ,jews by the ,nazi regime and its collaborators4 ,during the era of the ,holocaust1 ,german authorities also targeted other groups because of their perceived racial inferiority1 such as ,roma gypsies1 the disabled1 and some of the ,slavic people 7,poles1 ,russians1 and others74 ,other groups were persecuted on political1 ideological1 and behavioral grounds1 among them ,communists1 ,socialists1 ,jehovah's ,witnesses1 and homosexuals4 7#d7 ,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 ,,ii1 known as the ,holocaust or the ,,usc ,shoah4 ,holocaust denial refers specifically to any attempt to claim that the ,holocaust did not take place4 ,holocaust distortion refers to intentional efforts to excuse or minimize the impact of the ,holocaust or its principal elements1 including collaborators and allies of ,nazi ,germany1 to blame the ,jews for causing their own genocide1 or to portray the ,holocaust as a positive historical event4 7#e7 ,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 audiences4 7#f7 ,holocaust education program ,the term ,holocaust education program means a program that-- 7,a7 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 genocide1 hate1 and bigotry against any group of people2 7,b7 is delivered to students enrolled in middle grades or high school 7as such terms are defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7,c7 uses stories1 testimonies1 photos1 diaries1 and other educational tools to support understanding rather than for shock value or sensationalism2 and 7,d7 furnishes one or more of the following3 7i7 ,educational materials that are age- and grade-appropriate4 7ii7 ,student- and school-based activities1 including field trips4 7iii7 ,the hiring of professional ,holocaust educators to lead programming4 7iv7 ,teacher training4 7v7 ,programming that includes the following subjects where appropriate in instruction3 7,i7 ,the breadth of the history of the ,holocaust1 including1 the ,third ,reich dictatorship1 concentration camp system1 persecution of ,jews and non-,jews1 ,jewish and non-,jewish resistance1 and post-,world ,war ,,ii trials4 7,,ii7 ,antisemitism1 racism1 and the abridgement of human and civil rights4 7vi7 ,instruction in the content of ,holocaust education that includes-- 7,i7 presentation of historically accurate information2 7,,ii7 correct terminology1 vocabulary1 and labels1 and encouraging students to use this vocabulary2 and 7,,iii7 primary documents1 including personal testimony and sound historical research from respected resources4 7vii7 ,supplementary resources required for teacher training1 including transportation for teachers to and from training programs1 housing at training programs1 payment for substitute teachers while teachers are at training1 and transportation of trainers to schools to provide training4 7viii7 ,goods or services designed to improve awareness and understanding of the ,holocaust4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,education4 #d4 ,program authorized 7a7 ,fund established 7#a7 ,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 ,fund4 ,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 7d74 7#b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,holocaust ,education ,assistance ,program ,fund1 #b1jjj1jjj for fiscal year #bjbj and each of the #d succeeding fiscal years4 7b7 ,acceptance of donations ,in furtherance of the purposes of this ,act1 the ,secretary is authorized to accept donations of funds and in-kind contributions4 ,any funds donated under this subsection1 and any proceeds from the sales of other property received as gifts or bequests pursuant to this subsection1 shall be deposited in the ,holocaust ,education ,assistance ,program ,fund4 7c7 ,limitation ,a donation may not be accepted under subsection 7b7 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 ,secretary1 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 ,states4 ,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 ,department1 or any official or employee of the ,department1 to carry out its responsibilities or official duties in a fair and objective manner1 or would compromise the integrity or the appearance of the integrity of its programs or any official or employee involved in those programs4 7d7 ,use of funds 7#a7 ,in general ,the ,secretary is authorized to use funds from the ,holocaust ,education ,assistance ,program ,fund-- 7,a7 to award grants to eligible entities to carry out ,holocaust education programs2 7,b7 to conduct periodic regional workshops1 in partnership with ,holocaust education centers when and where appropriate1 to provide teachers with technical assistance on how to structure curricula to incorporate ,holocaust education in a manner that satisfies challenging ,state academic standards1 as described in section #aaaa7;b7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;b771 and standards set by local educational agencies2 7,c7 to cover administrative costs associated with fundraising authorized under this ,act2 and 7,d7 to cover administrative costs associated with administering the grants and creating and maintaining the online ,holocaust education repository of resources1 defined in section #e4 7#b7 ,limitation ,at least #ij 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 programs4 7e7 ,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 time1 in such manner1 and based on such competitive criteria as the ,secretary may require4 #e4 ,online ,holocaust education repository of resources 7a7 ,website ,the ,secretary shall create and maintain a ,holocaust education program website within an already existing site or1 if necessary1 create a new site1 containing ,holocaust education program resources for middle grades and high schools4 ,the website shall facilitate connections between eligible entities and ,holocaust education centers1 institutions1 and foundations displayed on the website to gain expertise in content and pedagogy for instructing the subject matter appropriately and effectively4 ,the website and resources shall be made available to all eligible entities and all ,holocaust education centers4 ,the ,secretary shall market the website along with the ,holocaust ,education ,assistance ,program to ,state and local educational agencies and all eligible entities4 7b7 ,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 agency1 individual school1 individual teacher1 or ,holocaust education center that requests the information4 7c7 ,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 curriculum4 #f4 ,holocaust ,education ,advisory ,board 7a7 ,in general ,in carrying out this ,act1 the ,secretary shall establish an advisory board1 which shall be known as the ,holocaust ,education ,advisory ,board4 7b7 ,membership ,the ,holocaust ,education ,advisory ,board shall consist of #ab members1 as follows3 7#a7 ,finance directors ,three finance directors1 with experience in nonprofit fundraising1 who shall be responsible for overseeing fundraising efforts for the ,holocaust ,education ,assistance ,program ,fund4 ,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 appointment4 7#b7 ,national holocaust education representatives ,four national ,holocaust education representatives1 with educational and professional experience in ,holocaust education1 who shall represent leading national holocaust education centers1 such as the ,united ,states ,holocaust ,memorial ,museum1 the ,simon ,wiesenthal ,center1 the ,,usc ,shoah ,foundation1 or the ,anti-,defamation ,league4 7#c7 ,regional holocaust education representatives ,four regional ,holocaust education representatives1 with educational and professional experience in ,holocaust education1 who shall represent regional ,holocaust education centers4 7#d7 ,chairman ,one ,chairman of the ,board1 with professional experience in both ,holocaust education and nonprofit fundraising4 7c7 ,appointment ,members of the ,holocaust ,education ,advisory ,board shall be appointed as follows3 7#a7 ,three members shall be appointed by the majority leader of the ,senate4 7#b7 ,three members shall be appointed by the ,speaker of the ,house of ,representatives4 7#c7 ,three members shall be appointed by the minority leader of the ,senate4 7#d7 ,three members shall be appointed by the minority leader of the ,house of ,representatives4 7d7 ,terms ,each member of the ,holocaust ,education ,advisory ,board shall serve a #d-year term1 except that #d members shall serve an initial term of #f years4 7e7 ,duties ,the ,holocaust ,education ,advisory ,board-- 7#a7 shall advise the ,secretary on developing competitive criteria and content of application as described in section #d7;e72 7#b7 shall advise the ,secretary on the content that is displayed on the ,holocaust education program website required under section #e2 7#c7 shall lead the effort to solicit donations for the ,holocaust ,education ,assistance ,program ,fund2 and 7#d7 shall submit an annual fundraising plan to the ,secretary prior to the board receiving any funds for administrative costs associated with fundraising4 7f7 ,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 efforts4 ,any individual employed by the ,holocaust ,education ,advisory ,board shall not1 by virtue of such employment1 be considered a ,federal employee for the purpose of any law governing ,federal employment4 7g7 ,limitations 7#a7 ,in general ,the ,holocaust ,education ,advisory ,board shall not be an agency or instrumentality of the ,federal ,government1 and officers1 employees1 and members of the board of the ,holocaust ,education ,advisory ,board shall not be officers or employees of the ,federal ,government4 ,no funds from the ,holocaust ,education ,assistance ,program ,fund may be paid as compensation to members of the ,holocaust ,education ,advisory ,board for their service4 7#b7 ,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 representative4 7h7 ,travel expenses ,a member of the ,holocaust ,education ,advisory ,board shall be allowed a per diem allowance for travel expenses1 to be paid for from the ,holocaust ,education ,assistance ,program ,fund1 at rates consistent with those authorized under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7i7 ,technical assistance ,on request of the ,holocaust ,education ,advisory ,board1 the head of a ,federal agency may provide technical assistance to the ,holocaust ,education ,advisory ,board1 but no ,federal employee may be detailed to the ,holocaust ,education ,advisory ,board4 7j7 ,vacancies ,a vacancy in the ,holocaust ,education ,advisory ,board-- 7#a7 shall not affect the powers of the ,holocaust ,education ,advisory ,board2 and 7#b7 shall be filled in the same manner as the original appointment was made4 7k7 ,applicability of ,,faca ,the ,holocaust ,education ,advisory ,board shall be treated as an advisory committee subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 #g4 ,use of grant funds 7a7 ,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 requirements3 7#a7 ,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 genocide1 hate1 and bigotry against any group of people4 ,this may include the teaching of other genocides along with the ,holocaust4 7#b7 ,funds may only be used to carry out the ,holocaust education program for which the grant was provided4 7#c7 ,any other limitation on use of funds established by the ,secretary1 in consultation with the ,holocaust ,education ,advisory ,board4 7b7 ,grant period ,grants awarded under this ,act shall be for a period of #a year4 7c7 ,requirements ,an eligible entity receiving a grant under this ,act shall comply with the following requirements3 7#a7 ,the eligible entity shall1 throughout the period that the institution receives and uses the funding1 continue to be an eligible entity4 7#b7 ,the eligible entity shall ensure the funding is used to supplement1 and not supplant1 non-,federal funds that would otherwise be available to the eligible entity to carry out the ,holocaust education program for which the grant was provided4 7d7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to eligible entities that do not currently offer any ,holocaust education programming4 7e7 ,competitive criteria ,the ,secretary shall establish competitive criteria for use in awarding grants under this ,act not later than #a year after the date of the enactment of this ,act4 ,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 ,fund4 #h4 ,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 ,act4 ,the ,secretary shall consult the ,holocaust ,education ,advisory ,board as needed for uncertain cases4 ,the ,secretary shall also establish a process for the ,holocaust ,education ,advisory ,board to submit instances of suspected noncompliance for programs supported by these funds1 and the ,secretary shall review any grant that is submitted by the ,holocaust ,education ,advisory ,board for suspected noncompliance not later than #fj days after the ,holocaust ,education ,advisory ,board submits a program for review by the ,secretary1 and the ,secretary shall notify the grantee of potential noncompliance4 #i4 ,annual report 7a7 ,in general ,not later than ,february #a of each year1 the ,secretary shall submit to the ,congress a report describing the activities carried out under this ,act4 ,the report shall include the following information3 7#a7 ,the amount of money donated to the ,holocaust ,education ,assistance ,program ,fund4 7#b7 ,the amount of money allocated in grants from the fund4 7#c7 ,the number of eligible entities using the grant funding to offer instruction in ,holocaust education4 7#d7 ,a description of the manner in which eligible entities are offering instruction in ,holocaust education4 7#e7 ,the number of hours instruction is offered1 the grade levels that such instruction is offered and the course within which such instruction is integrated4 7b7 ,additional information ,the report shall also contain any other related information that the ,secretary considers appropriate4