Proposed Rule2025-17960
Proposed Priority and Definitions-Secretary's Supplemental Priority and Definitions on Promoting Patriotic Education
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Published
September 17, 2025
Issuing agencies
Education Department
Abstract
The Secretary proposes one additional priority and related definitions for use in currently authorized discretionary grant programs or programs that may be authorized in the future. The Secretary may choose to use the entire priority for a grant program or a particular competition or use one or more of the priority's component parts. This priority and definitions augment other Secretary's Supplemental Priorities, such as the initial set of three Secretary's Supplemental Priorities on Evidence-Based Literacy, Educational Choice, and Returning Education to the States published as final priorities on September 9, 2025, (90 FR 43514) and the additional Secretary's Supplemental Priority on Artificial Intelligence published as a proposed priority on July 21, 2025 (90 FR 34203).
Full Text
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<title>Federal Register, Volume 90 Issue 178 (Wednesday, September 17, 2025)</title>
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[Federal Register Volume 90, Number 178 (Wednesday, September 17, 2025)]
[Proposed Rules]
[Pages 44788-44790]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17960]
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DEPARTMENT OF EDUCATION
34 CFR Part 75
[Docket ID ED-2025-OS-0745]
Proposed Priority and Definitions--Secretary's Supplemental
Priority and Definitions on Promoting Patriotic Education
AGENCY: U.S. Department of Education.
ACTION: Proposed priority and definitions.
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SUMMARY: The Secretary proposes one additional priority and related
definitions for use in currently authorized discretionary grant
programs or programs that may be authorized in the future. The
Secretary may choose to use the entire priority for a grant program or
a particular competition or use one or more of the priority's component
parts. This priority and definitions augment other Secretary's
Supplemental Priorities, such as the initial set of three Secretary's
Supplemental Priorities on Evidence-Based Literacy, Educational Choice,
and Returning Education to the States published as final priorities on
September 9, 2025, (90 FR 43514) and the additional Secretary's
Supplemental Priority on Artificial Intelligence published as a
proposed priority on July 21, 2025 (90 FR 34203).
DATES: We must receive your comments on or before October 17, 2025.
ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at <a href="http://Regulations.gov">Regulations.gov</a>. See the SUPPLEMENTARY INFORMATION section
for more details.
FOR FURTHER INFORMATION CONTACT: Zachary Rogers, U.S. Department of
Education, 400 Maryland Avenue SW, Room 7W213, Washington, DC 20202-
6450. Telephone: (202) 260-1144. Email: <a href="/cdn-cgi/l/email-protection#a5f6f6f5e5c0c18bc2cad3"><span class="__cf_email__" data-cfemail="faa9a9aaba9f9ed49d958c">[email protected]</span></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
the proposed priority and definitions. Comments must be submitted via
the Federal eRulemaking Portal at <a href="http://Regulations.gov">Regulations.gov</a>. However, if you
require an accommodation or cannot otherwise submit your comments via
<a href="http://Regulations.gov">Regulations.gov</a>, please contact the program contact person listed under
FOR FURTHER INFORMATION CONTACT. The Department will not accept
comments by fax or by email, or comments submitted after the comment
period closes. To ensure that the Department does not receive duplicate
copies, please submit your comments only once. Additionally, please
include the Docket ID at the top of your comments.
Federal eRulemaking Portal: Go to <a href="http://www.Regulations.gov">www.Regulations.gov</a> to submit
your comments electronically. Information on using <a href="http://Regulations.gov">Regulations.gov</a>,
including instructions for accessing agency documents, submitting
comments, and viewing the docket, is available on the site under
``FAQ.'' Also included on <a href="http://Regulations.gov">Regulations.gov</a> is a commenter checklist that
addresses how to submit effective comments.
In instances where individual submissions appear to be duplicates
or near duplicates of comments prepared as part of a writing campaign,
the Department may choose to post to <a href="http://Regulations.gov">Regulations.gov</a> one representative
sample comment along with the total comment count for that campaign.
The Department will consider these comments along with all other
comments received. In instances where individual submissions are
bundled together (submitted as a single document or packaged together),
the Department will post all of the substantive comments included in
the submissions along with the total comment count for that document or
package to <a href="http://Regulations.gov">Regulations.gov</a>. Comments containing personal threats will
not be posted to <a href="http://Regulations.gov">Regulations.gov</a> and may be referred to the appropriate
authorities.
During and after the comment period, you may inspect public
comments about the proposed priority and definitions by accessing
<a href="http://Regulations.gov">Regulations.gov</a>. To inspect comments in person, please contact the
person listed under FOR FURTHER INFORMATION CONTACT.
Privacy Note: The Department's policy is to generally make all
comments received from members of the public available for public
viewing in their entirety on the Federal eRulemaking Portal at
<a href="http://Regulations.gov">Regulations.gov</a>. Therefore, commenters should be careful to include in
their comments only information that they wish to make publicly
available.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking Record: On request, we will provide an appropriate
accommodation or auxiliary aid to an individual with a disability who
needs assistance to review the comments or other documents in the
public rulemaking record for this document. If you want to schedule an
appointment for this type of accommodation or auxiliary aid, please
contact the person listed under FOR FURTHER INFORMATION CONTACT.
Program Authority: 20 U.S.C. 1221e-3, 3474.
Proposed Priority: This document contains one proposed priority.
Proposed Priority: Promoting Patriotic Education.
Background: The success of the American experiment in self-
government requires the cultivation of both citizenship competency and
informed patriotism among the American People. Citizens must understand
why our free-market economy is a highly evolved system of cooperation
fostered by our constitutional republic, and how it functions to secure
the blessings of liberty for all Americans. This understanding can only
be acquired and prove to be lasting when rooted in a
[[Page 44789]]
recognition of the nobility of America's foundational principles and
ideals, and an accurate and honest account of American history that
shows how the United States has worked through private and public
efforts to live up to them better.
All too often, government is misunderstood to be synonymous with
those things that We the People do together when in fact it is merely a
subset thereof. Rather, our voluntary individual actions channeled
through the intermediary institutions of civil society--such as our
companies, places of worship, schools, fraternal organizations, and
civic associations--are critically important to the proper functioning
of the American economic, social, and political system. In the American
system of liberty, educated citizens who know their rights and meet
their responsibilities cooperate to build a more perfect Union and
inherit the opportunities of a free society.
To provide a common foundation and shared conception of this more
perfect Union, we must transmit to all American students a shared
understanding of our political, economic, intellectual, and cultural
history--including our national symbols and heroes. At the same time,
this American political tradition must be situated within the broader
context of the political, economic, intellectual, and cultural history
of Western Civilization.
This priority focuses grant funds on programs that promote a
patriotic education that cultivates citizen competency and informed
patriotism among and communicates the American political tradition to
students at all levels, including activities and programs accessible to
students with special needs.
Proposed Priority: Projects that are designed to provide an
introduction to and understanding of the founding documents and primary
sources of the American political tradition, in a manner consistent
with the principles of a patriotic education. Projects may address one
or more of the following topics:
(a) United States Constitution, government, and civics.
(b) United States history and geography.
(c) United States military and diplomatic history.
(d) United States literature and rhetoric.
(e) United States art (architecture, painting, music, photography,
theater, cinema, and sculpture, etc.).
(f) The founding documents and primary sources of Western
Civilization and the American founding and their influence on the
American political tradition.
(g) The influence of Western Europe upon the American political
tradition.
Types of Priorities:
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2)
selecting an application that meets the priority over an application of
comparable merit that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
Proposed Definitions:
Background: The Secretary proposes the following definitions for
use in any Department discretionary grant program in which the proposed
priority is used.
American political tradition includes the founding documents,
essential principles of republican government, and historical
development of America's government; key works of history, literature,
humanities, and art; the influence of Western Civilization, including
ancient Greece, Rome, and Judeo-Christianity; the history of Western
Europe linked to the history and development of the United States; the
role of faith; and the founding documents and primary sources of the
American founding (ideas, traditions, institutions, and texts essential
to American constitutional government) with a focus on the first
principles of the founding, their inclusion in the Constitution and the
Bill of Rights, and their development over time that have shaped
America's culture.
Patriotic education means a presentation of the history of America
grounded in an accurate, honest, unifying, inspiring, and ennobling
characterization of the American founding and foundational principles;
a clear examination of how the United States has admirably grown closer
to its noble principles throughout its history; and the concept that
commitment to America's aspirations is beneficial and justified.
Note: Nothing in this definition should be construed as implicating
a particular curriculum, program of instruction, or specific academic
content.
Final Priority and Definitions: The Department will announce the
final priority and definitions in a document in the Federal Register.
We will determine the final priority and definitions after considering
responses to the proposed priority and definitions and other
information available to the Department. This document does not
preclude us from proposing additional priorities, requirements, or
definitions, subject to meeting applicable rulemaking requirements.
Note: This document does not solicit applications. In any year in
which we choose to use any of the final priority and definitions, we
invite applications through a notice in the Federal Register.
Executive Orders 12866, 13563, and 14192
Regulatory Impact Analysis:
This proposed regulatory action is not a significant regulatory
action subject to review by the Office of Management and Budget under
section 3(f) of Executive Order 12866. Since this regulatory action is
not a significant regulatory action under section 3(f) of Executive
Order 12866, it is not considered an ``Executive Order 14192 regulatory
action.''
We have also reviewed this proposed regulatory action under
Executive Order 13563. We are issuing the proposed priority and
definitions only on a reasoned determination that their benefits would
justify their minimal costs. The Department believes that this
regulatory action is consistent with the principles in Executive Order
13563.
We also have determined that this regulatory action would not
unduly interfere with State, local, and Tribal governments in the
exercise of their governmental functions.
In accordance with these Executive Orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined are
necessary for administering the Department's programs and activities.
Discussion of Costs and Benefits:
The proposed priority and definitions would impose no or minimal
costs on entities that receive discretionary grant award funds from the
Department.
[[Page 44790]]
Additionally, the benefits of implementing the proposed priority and
definitions outweigh any associated costs, to the extent these de
minimis costs even exist, because the proposed priority and definitions
would result in higher quality grant application submissions.
Application submission and participation in competitive grant
programs that might use this proposed priority and definitions is
voluntary. We believe, based on the Department's administrative
experience, that entities preparing an application would not need to
expend more resources than they otherwise would have in the absence of
this proposed priority and definitions. Therefore, any potential costs
to applicants would be de minimis. Moreover, because the costs of
carrying out activities would be paid for with program funds, the costs
of implementation would not be a burden for any eligible applicants
that earn a grant award, including small entities. We invite the public
to comment on this discussion of estimated costs and benefits. We are
specifically interested in high quality comments supported with
quantitative data.
Intergovernmental Review: This action is subject to Executive Order
12372 and the regulations in 34 CFR part 79.
This document provides early notification of our specific plans and
actions for this program.
Regulatory Flexibility Act Certification:
This section considers the effects that the final regulations may
have on small entities in the educational sector as required by the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. The Secretary
certifies that this proposed regulatory action would not have a
substantial economic impact on a substantial number of small entities.
The U.S. Small Business Administration Size Standards define
proprietary institutions as small businesses if they are independently
owned and operated, are not dominant in their field of operation, and
have total annual revenue below $7,000,000. Nonprofit institutions are
defined as small entities if they are independently owned and operated
and not dominant in their field of operation. Public institutions are
defined as small organizations if they are operated by a government
overseeing a population below 50,000.
Paperwork Reduction Act: The proposed priority and definitions do
not contain information collection requirements or affect the currently
approved data collection.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, compact disc, or another accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. You may also access documents
of the Department published in the Federal Register by using the
article search feature at <a href="http://www.federalregister.gov">www.federalregister.gov</a>.
Signing Authority
This document of the U.S. Department of Education was signed on
September 12, 2025, by Linda McMahon, Secretary of Education. That
document with the original signature and date is maintained by the U.S.
Department of Education. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned has been authorized to sign the document in electronic
format for publication, as an official document of the U.S. Department
of Education. This administrative process in no way alters the legal
effect of this document upon publication in the Federal Register.
Tracey St. Pierre,
Director, Office of the Executive Secretariat, Office of the Secretary,
U.S. Department of Education.
[FR Doc. 2025-17960 Filed 9-16-25; 8:45 am]
BILLING CODE 4000-01-P
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