[Federal Register Volume 70, Number 99 (Tuesday, May 24, 2005)]
[Page 29727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10355]



Notice of Implementation of Constitution Day and Citizenship Day 
on September 17 of Each Year

AGENCY: Office of Innovation and Improvement, Department of Education.

ACTION: Notice of implementation of Constitution Day and Citizenship 


SUMMARY: The Assistant Deputy Secretary for Innovation and Improvement 
announces that, pursuant to legislation passed by Congress, educational 
institutions receiving Federal funding are required to hold an 
educational program pertaining to the United States Constitution on 
September 17 of each year. This notice implements this provision as it 
applies to educational institutions receiving Federal funding from the 

Education, 400 Maryland Avenue, SW., room 4W218, Washington, DC 20202-
5910. Telephone: (202) 895-9085 or via Internet: [email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339. Individuals 
with disabilities may obtain this document in an alternative format 
(e.g., Braille, large print, audiotape, or computer diskette) on 
request to the contact person listed in section.

SUPPLEMENTARY INFORMATION: This notice informs educational institutions 
receiving Federal funds from the U.S. Department of Education 
(Department) of a new statutory requirement for implementation of an 
educational program pertaining to the United States Constitution, on a 
date designated by statute as Constitution Day and Citizenship Day 
(``Constitution Day''). This Congressional initiative is authorized by 
Section 111 of Division J of Pub. L. 108-447, the ``Consolidated 
Appropriations Act, 2005,'' Dec. 8, 2004; 118 Stat. 2809, 3344-45 
(Section 111). The Assistant Deputy Secretary for Innovation and 
Improvement (Assistant Deputy Secretary) takes this action in order to 
implement this provision as it applies to educational institutions 
receiving Federal funding from the Department.
    Section 111(b) states ``[e]ach educational institution that 
receives Federal funds for a fiscal year shall hold an educational 
program on the United States Constitution on September 17 of such year 
for the students served by the educational institution.'' For purposes 
of the Department's implementation of this requirement, ``educational 
institutions'' includes but is not limited to ``local educational 
agencies'' and ``institutions of higher education'' receiving Federal 
funding from the Department.
    Section 111 applies to all educational institutions receiving 
Federal funding, not only those receiving Federal funding from the 
Department. However, the Department's authority only extends to those 
educational institutions receiving funding from the Department, and 
consequently the Department can only regulate with regard to those 
    Section 111 requires that Constitution Day be held on September 17 
of each year, commemorating the September 17, 1787 signing of the 
Constitution. However, when September 17 falls on a Saturday, Sunday, 
or holiday, Constitution Day shall be held during the preceding or 
following week.
    Section 111 does not authorize funds to carry out this requirement, 
and Section 111(d) indicates that this section shall apply ``without 
fiscal year limitation.'' Accordingly, the Assistant Deputy Secretary 
intends that this notice pertain to this fiscal year and all subsequent 
    Some informational resources pertaining to the Constitution are 
listed below. In addition to these, the Department is aware that there 
may be other public and private resources available that may be helpful 
to educational institutions in implementing Constitution Day. While the 
Department does not endorse any particular program or Web site, this 
information is provided because it may be of use to educational 
institutions developing their Constitution Day programs.
    One of the Library of Congress' repositories for Constitutional 
documents and information may be accessed at: http://memory.loc.gov/ammem/bdsds/bdsdhome.html.
    The National Archives also has a Web site with a scan of the U.S. 
Constitution available online at: http://www.archives.gov/national_archives_experience/charters/constitution.html: In addition, the 
National Archives has a nationwide network of research facilities, 
including presidential libraries that welcome students as young as 14 
years of age. Information about the facilities (by region and state) 
can be located online at: http://www.archives.gov/facilities/index.html.
    In addition to the resources mentioned above, it is our 
understanding that the U.S. Office of Personnel Management will be 
making available to all Federal agencies, information to help train and 
educate Federal employees on the Constitution and, in particular, its 
relationship to the Oath of Office Federal employees take. This 
information will be posted shortly on the OPM Web site, at: http://www.opm.gov/. We expect that educational institutions may find this 
material useful in planning their Constitution Day activities.
    Electronic Access to This Document: You may view this document, as 
well as all other Department of Education documents published in the 
Federal Register, in text or Adobe Portable Document Format (PDF) on 
the Internet at the following site: http://www.ed.gov/news/fedregister.
    To use PDF, you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.

    Dated: May 19, 2005.
Nina Shokraii Rees,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 05-10355 Filed 5-23-05; 8:45 am]