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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4384 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 4384

   To authorize the Secretary of Education to make grants to support 
  educational programs in civics and history, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2022

 Mr. Coons (for himself, Mr. Cornyn, Mr. King, Mr. Inhofe, Mr. Kelly, 
 and Mr. Cassidy) introduced the following bill; which was read twice 
and referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL

 
   To authorize the Secretary of Education to make grants to support 
  educational programs in civics and history, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civics Secures Democracy Act''.

SEC. 2. PURPOSES; RULE OF CONSTRUCTION.

    (a) Purposes.--The purposes of this Act are--
            (1) to support local educational agencies, elementary 
        schools, and secondary schools in selecting and making 
        available to all students innovative, engaging curricula and 
        programs in civics and history that prepare them to understand 
        American Government and engage in American democratic practices 
        as citizens and residents of the United States;
            (2) to provide resources to institutions of higher 
        education for the purposes of offering effective professional 
        development opportunities to enable and encourage teachers to 
        deliver instruction that engages students in learning civics 
        and history;
            (3) to provide resources to nonprofit organizations that 
        have developed, or are developing, programs in civics education 
        that incorporate practices that are proven to be effective in 
        engaging students, and to assist in making such curricula and 
        programs more widely available to schools and students, 
        particularly in rural and inner-city urban areas that have 
        traditionally been underserved by civics learning programs;
            (4) to provide resources to continue and expand research 
        into practices, methods, and approaches that are effective in 
        instructing elementary and secondary school students in civics 
        and history;
            (5) to diversify the civics, history, and government 
        education workforce by offering targeted incentives and 
        honoring those who commit to the profession;
            (6) to encourage participation in the National Assessment 
        of Educational Progress assessments in civics and history in 
        grades 4, 8, and 12, using a methodology sufficient to provide 
        accurate State-level data on student proficiency in civics and 
        history, disaggregated so as to have statistical significance 
        for every State;
            (7) to reauthorize and modernize the existing Federal 
        civics education grant program for institutions of higher 
        education, including by strengthening academic independence and 
        supporting partnerships between academic centers and local 
        educational agencies; and
            (8) to strengthen and make independently sustainable the 
        Harry S. Truman Scholarship Foundation Trust Fund and the James 
        Madison Memorial Fellowship Trust Fund, which respectively 
        support exceptional Americans who aspire to careers in public 
        service and as secondary school history, government, and civics 
        educators.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to authorize the Secretary of Education to prescribe a civics and 
history curriculum.

                         TITLE I--GRANT PROGRAM

SEC. 101. DEFINITIONS.

    In this Act:
            (1) The term ``civics'', when used with respect to an 
        educational program, means a program that addresses the 
        following:
                    (A) Acquisition of civic knowledge, including an 
                understanding of the history, heritage, civic life, and 
                civic institutions of the United States.
                    (B) Acquisition of civic skills, such as the 
                ability to analyze text and determine the reliability 
                of sources and an understanding of the ways in which 
                civic institutions operate and how individuals may be 
                involved in civic life.
                    (C) Acquisition of civic dispositions, values such 
                as appreciation for free speech, civil discourse, 
                tolerance and inclusion, and understanding perspectives 
                that differ from one's own as well as a disposition to 
                be civically engaged.
                    (D) Development of civic behaviors, including civic 
                habits and practices such as voting, serving on juries, 
                engagement in deliberative discussions, volunteering, 
                and attending public meetings.
            (2) The term ``eligible entity'' means--
                    (A) with respect to grant program under section 
                103, a State;
                    (B) with respect to the grant program under section 
                104, a qualified nonprofit organization;
                    (C) with respect to the grant program under section 
                105, an institution of higher education; and
                    (D) with respect to the grant program under section 
                106, a qualified researcher.
            (3) The term ``evidence-based practices'' means practices 
        proven to contribute to the effectiveness of educational 
        programs in civics, including--
                    (A) innovative and engaging classroom instruction 
                in civics, Government, and history;
                    (B) philanthropic and community service linked to 
                classroom learning;
                    (C) learning through participation in models and 
                simulations of democratic processes;
                    (D) meaningful participation in school governance; 
                and
                    (E) instruction in media literacy through the study 
                of common informal fallacies in logic.
            (4) The term ``institution of higher education'' has the 
        meaning given that term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001).
            (5) The term ``National Assessment of Educational 
        Progress'' means the National Assessment of Educational 
        Progress carried out under section 303(b) of the National 
        Assessment of Educational Progress Authorization Act (20 U.S.C. 
        9622(b)).
            (6) The term ``qualified nonprofit organization'' means an 
        organization that--
                    (A) is described in section 501(c)(3) of the 
                Internal Revenue Code of 1986 and which is exempt from 
                taxation under section 501(a) of such Code; and
                    (B) has experience developing curricula, 
                instructional models, and other educational programs 
                for students in elementary schools and secondary 
                schools.
            (7) The term ``qualified researcher'' means--
                    (A) a nonprofit organization that has ability and 
                capacity to carry out scientifically valid research; or
                    (B) an individual affiliated with such an 
                organization.
            (8) The terms ``elementary school'', ``local educational 
        agency'', ``secondary school'', ``Secretary'', and ``State'' 
        have the meanings given those terms in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).

SEC. 102. GENERAL PROVISIONS.

    (a) In General.--The Secretary of Education is authorized to carry 
out the civics education grant programs described in sections 103 
through 106.
    (b) Application.--To be considered for a grant under this Act, an 
eligible entity shall submit to the Secretary of Education an 
application at such time, in such manner, and containing such 
information as the Secretary may require.
    (c) Grant Duration.--Each grant under this Act shall be awarded for 
a period of not less than 3 years.
    (d) Priority.--Except as otherwise provided in this Act, the 
Secretary shall prioritize the award of grants to eligible entities 
that demonstrate the greatest potential to--
            (1) improve knowledge among students traditionally 
        underserved by comprehensive civics education and American 
        history programs;
            (2) close gaps in civic knowledge and achievement among 
        traditionally underserved students;
            (3) improve performance on the National Assessment of 
        Educational Progress assessments in civics and history among 
        students in grades 4, 8, and 12; and
            (4) provide cost-effective, scalable delivery of programs 
        and services.

SEC. 103. GRANTS TO STATES.

    (a) Program Authorized.--The Secretary of Education is authorized 
to make grants to each State that has an approved application and meets 
the program requirements to enable those States to support educational 
programs in civics and history in accordance with this section.
    (b) Grant Amount.--The amount of each grant to a State under this 
section shall be proportional to the amount received by all local 
educational agencies in the State under part A of title I of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) 
for the previous fiscal year relative to the total such amount received 
by all local educational agencies in every State that receives a grant 
under this section.
    (c) State Reservation.--A State that receives a grant under this 
section may reserve not more than 5 percent of the amount of the grant 
for--
            (1) administrative costs of carrying out the State's 
        responsibilities under this section; and
            (2) monitoring and evaluating programs and activities 
        supported with the grant.
    (d) Subgrants to Local Educational Agencies.--A State that receives 
a grant under this section shall use not less than 95 percent of the 
amount of the grant to make subgrants, on a competitive or formula 
basis, to local educational agencies within the State to assist such 
agencies in carrying out programs to improve the achievement of 
elementary and secondary school students in the fields of civics and 
history.
    (e) Supplement Not Supplant.--A State shall use a grant under this 
section only to supplement the level of Federal, State, and local 
public funds that would, in absence of such grant, be made available 
for the activities supported by the grant, and not to supplant such 
funds.
    (f) Contents of Application.--As part of the application required 
under section 102(b), a State shall include a plan describing how the 
State intends to use the grant under this section. Each State plan 
shall include, at a minimum, the following:
            (1) An explanation of how the State will use the grant to 
        supplement, and not supplant, other public funds provided for 
        educational programs in civics and history.
            (2) Plans to address civics and history achievement gaps 
        among traditionally underserved students.
            (3) Plans to improve civics and history achievement among 
        traditionally underserved students.
            (4) Plans for making subgrants to local educational 
        agencies as required under subsection (d), including--
                    (A) details of how the State intends to distribute 
                funding to local educational agencies, whether by 
                competition or through a formula-based system;
                    (B) how the State's approach to distributing funds 
                to local educational agencies will take into account 
                requirements of paragraphs (1) through (3);
                    (C) criteria by which local educational agencies' 
                applications for funding will be evaluated, including 
                how such applications will take into account the 
                requirements of paragraphs (1) through (3);
                    (D) how the State will ensure that local 
                educational agencies will use grant funds to 
                supplement, and not supplant, other public funding for 
                educational programs in civics and history; and
                    (E) how the State will evaluate and hold local 
                educational agencies accountable for improved student 
                knowledge and achievement in civics and history.
            (5) An assurance that the State will participate in the 
        National Assessment of Educational Progress assessments in 
        civics and history in grades 4, 8, and 12.
            (6) In the case of a State applying to renew a grant 
        previously received under this section, an evaluation of the 
        effectiveness of the activities carried out using the previous 
        grant, which shall be based on the results of the most recent 
        National Assessment of Educational Progress assessment in 
        civics and history, to the extent the results of such 
        assessment are available at the time of the State's 
        application.

SEC. 104. GRANTS TO NONPROFIT ORGANIZATIONS.

    (a) Program Authorized.--The Secretary of Education is authorized 
to make grants to qualified nonprofit organizations, on a competitive 
basis, to assist such organizations in developing or expanding access 
to civics curricula, instructional models, and other educational 
programs to enhance student knowledge in civics and history in 
elementary schools and secondary schools.
    (b) Contents of Application.--As part of the application required 
under section 102(b), a qualified nonprofit organization shall include 
a proposal that demonstrates how the activities proposed to be carried 
out with the grant under this section will enhance student knowledge in 
civics and history in elementary schools and secondary schools.
    (c) Priority of Awards.--In awarding grants under this section, the 
Secretary shall give priority to qualified nonprofit organizations that 
propose to use the grant to develop or expand access to curricula, 
instructional models, and other educational programs that--
            (1) address the learning needs of traditionally underserved 
        students; and
            (2) incorporate evidence-based practices to enhance student 
        knowledge in civics and history.

SEC. 105. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.

    (a) Program Authorized.--The Secretary of Education is authorized 
to make grants to institutions of higher education, on a competitive 
basis, to assist such institutions in developing and implementing 
programs to train elementary and secondary school teachers in methods 
for instructing students in civics and history.
    (b) Contents of Application.--As part of the application required 
under section 102(b), an institution of higher education shall include 
a proposal demonstrating that the institution--
            (1) has the ability to train elementary and secondary 
        school teachers to provide comprehensive civics education;
            (2) is familiar with research on practices that are proven 
        to contribute to effective instruction in civics and history 
        and will incorporate such research into the training provided 
        to teachers using the grant; and
            (3) will use the grant to make training in civics education 
        available to elementary and secondary school teachers in the 
        State or geographic region served by the institution.
    (c) Priority of Awards.--In awarding grants under this section, the 
Secretary shall give priority to institutions of higher education that 
propose to use the grant to carry out training programs for teachers 
that--
            (1) address the specific needs of teachers working with 
        traditionally underserved students; and
            (2) incorporate evidence-based practices for improving the 
        ability of teachers to provide effective instruction in civics 
        and history.
    (d) Reservation of Funds.--From the amounts made available to carry 
out this section, 35 percent shall be reserved to award grants, on a 
competitive basis, to institutions of higher education that are 
eligible to receive funds under--
            (1) part A or part B of title III of the Higher Education 
        Act of 1965 (20 U.S.C. 1057 et seq., 1060 et seq.);
            (2) part A or part B of title V of such Act (20 U.S.C. 1101 
        et seq., 1102 et seq.); or
            (3) subpart 4 of part A of title VII of such Act (20 U.S.C. 
        1136a et seq.).

SEC. 106. RESEARCH GRANTS.

    (a) Program Authorized.--The Secretary of Education is authorized 
to make grants, on a competitive basis, to qualified researchers to 
research and evaluate--
            (1) elementary and secondary school students' knowledge of 
        civics and history; and
            (2) effective instructional practices and educator 
        professional development in the fields of civics and history.
    (b) Contents of Application.--As part of the application required 
under section 102(b), a qualified researcher shall include a 
description of the project to be funded with the grant under this 
section. The description of the project shall include a separate 
section that describes how the project may directly or indirectly 
affect civics education generally, which may include effects such as--
            (1) achieving the full participation of women, persons with 
        disabilities, and underrepresented minorities in civics and 
        history education; or
            (2) increasing student knowledge in civics and history.
    (c) Priority of Awards.--In awarding grants under this section, the 
Secretary shall give priority to qualified researchers who propose to 
carry out activities that will benefit traditionally underserved 
communities.

                   TITLE II--AMENDMENTS TO OTHER LAWS

SEC. 201. PRINCE HALL CIVICS FELLOWSHIP PROGRAM.

    The James Madison Memorial Fellowship Act (20 U.S.C. 4501 et seq.) 
is amended--
            (1) in section 802, by inserting ``, and to establish the 
        Prince Hall Civics Fellowship Program which is designed to 
        diversify the civics and history education workforce'' after 
        ``development'';
            (2) in section 807--
                    (A) by striking ``this title'' and inserting 
                ``section 804'' each place the term appears; and
                    (B) by striking ``this Act'' and inserting 
                ``section 804'' each place the term appears; and
            (3) by inserting after section 810 the following new 
        section:

``SEC. 810A. PRINCE HALL CIVICS FELLOWSHIP PROGRAM.

    ``(a) In General.--Notwithstanding sections 804 through 810--
            ``(1) the Foundation is authorized to award scholarships 
        under an additional fellowship program to be administered by 
        the James Madison Fellowship Program, which shall be known as 
        the `Prince Hall Civics Fellowship Program'; and
            ``(2) the terms and conditions under this section shall 
        apply with respect to the Prince Hall Civics Fellowship 
        Program.
    ``(b) Purpose.--The purpose of the Prince Hall Civics Fellowship 
Program is to diversify the civics and history education workforce.
    ``(c) Applications.--In order to be eligible to receive a 
scholarship under the Prince Hall Civics Fellowship Program, an 
individual shall submit an application to the Foundation, containing an 
assurance that the applicant meets the following requirements:
            ``(1) The applicant holds a valid teaching credential in 
        the applicant's home State and a baccalaureate degree or higher 
        degree in the subject of humanities, political science, 
        government, or American history, or a dual degree in one of 
        those subjects and education.
            ``(2) The applicant will commit to 5 years of teaching in 
        kindergarten through grade 12 and will provide verification for 
        each year of employment.
    ``(d) Selection.--The Foundation shall, either directly or by 
contract, provide for the conduct of a nationwide competition for the 
purpose of selecting recipients of fellowships under the Prince Hall 
Civics Fellowship Program (referred to as `fellows'). The Foundation 
shall adopt selection procedures which shall assure that--
            ``(1) the number of recipients selected from each State is 
        in proportion to each State's share of funding under part A of 
        title I of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6311 et seq.); and
            ``(2) in selecting fellows, priority is given to 
        individuals--
                    ``(A) who are teaching in communities to which the 
                individual has ties at the time of the individual's 
                application for the fellowship;
                    ``(B) who are from populations underrepresented in 
                the civics and history education workforce; or
                    ``(C) based on merit.
    ``(e) Amount of Fellowship.--Each fellow shall receive a stipend of 
$5,000 for each year, not to exceed a total of 5 years, that the fellow 
is employed as a teacher in kindergarten through grade 12 and submits 
employment verification to the Foundation in the manner prescribed by 
the Foundation.''.

SEC. 202. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

    Section 303(b) of the Education Sciences Reform Act of 2002 (20 
U.S.C. 9622(b)) is amended--
            (1) in paragraph (2)--
                    (A) by redesignating subparagraphs (D) through (H) 
                as subparagraphs (E) through (I) respectively;
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) conduct a national assessment, using a 
                methodology sufficient to provide accurate, 
                disaggregated, statistically significant State-level 
                data on student proficiency for every State, on student 
                academic achievement in public and private elementary 
                schools and secondary schools at least once every 2 
                years, in grades 4, 8, and 12 in civics and history;''; 
                and
                    (C) in subparagraph (E), as so redesignated, by 
                striking ``history, geography, civics'' and inserting 
                ``geography''; and
            (2) in paragraph (3)(A)--
                    (A) in clause (i), by striking ``(2)(E)'' and 
                inserting ``(2)(F)'';
                    (B) by redesignating clauses (iii) and (iv) as 
                clauses (iv) and (v), respectively;
                    (C) by inserting after clause (ii) the following:
                            ``(iii) shall conduct biennial State 
                        academic assessments of student achievement in 
                        civics and history in grades 4, 8, and 12, as 
                        described in paragraph (2)(D);''; and
                    (D) in clause (iv), as so redesignated, by striking 
                ``(2)(D)'' and inserting ``(2)(E)''.

SEC. 203. USA CIVICS ACT.

    Section 805 of the Higher Education Act of 1965 (20 U.S.C. 1161e) 
is amended--
            (1) in the section heading, by striking ``history for 
        freedom'' and inserting ``civics and history education 
        program'';
            (2) in subsection (a)--
                    (A) by striking ``subsection (f)'' and inserting 
                ``subsection (g)'';
                    (B) by striking ``the Secretary is authorized to 
                award three-year grants, on a competitive basis,'' and 
                inserting ``the Secretary is authorized to award 
                grants, at the Secretary's discretion but not less 
                frequently than once every 3 years and on a competitive 
                basis,'';
                    (C) by striking paragraph (1) and inserting the 
                following:
            ``(1) American political thought and history;''; and
                    (D) by striking paragraph (3) and inserting the 
                following:
            ``(3) the history, achievements, and impact of American 
        representative democracy and constitutional democracies 
        globally.'';
            (3) in subsection (b)--
                    (A) in paragraph (1), by striking ``as defined in 
                section 101.'' and inserting ``, or a partnership that 
                includes an institution of higher education and one or 
                more nonprofit organizations, whose missions and 
                demonstrated expertise are consistent with the purpose 
                of this section.'';
                    (B) in paragraph (2), by striking ``that emerged'' 
                and all that follows through the period at the end and 
                inserting ``founded on the principles of representative 
                democracy, constitutional government, individual 
                rights, market economics, religious freedom and 
                religious tolerance, and freedom of thought and 
                inquiry.''; and
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) American political thought and history.--The term 
        `American political thought and history' means--
                    ``(A) the significant constitutional, political, 
                intellectual, economic, social, and foreign policy 
                trends and issues that have shaped the course of 
                American history; and
                    ``(B) the key episodes, turning points, texts, and 
                figures involved in the constitutional, political, 
                intellectual, diplomatic, social, and economic history 
                of the United States.'';
            (4) in subsection (c)(2)--
                    (A) in subparagraph (A), by striking 
                ``traditional'' and all that follows through the 
                semicolon and inserting ``American political thought 
                and history, free institutions, or the impact of 
                American representative democracy and constitutional 
                democracies globally;''; and
                    (B) in subparagraph (B), by inserting ``, which may 
                include the creation or use of open educational 
                resources'' after ``subsection (e)(1)(B)'';
            (5) in subsection (d)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) increase access to quality programming that expands 
        knowledge of American political thought and history, free 
        institutions, or the impact of American representative 
        democracy and constitutional democracies globally;''; and
                    (B) in paragraph (2), by striking ``traditional 
                American history, free institutions, or Western 
                civilization'' and inserting ``American political 
                thought and history, free institutions, the impact of 
                American representative democracy and constitutional 
                democracies globally, or the means of participation in 
                political and civic life.'';
            (6) by striking subsection (e) and inserting the following:
    ``(e) Use of Funds.--
            ``(1) Required use of funds.--Funds provided under this 
        section shall be used--
                    ``(A) for collaboration with local educational 
                agencies for the purpose of providing elementary school 
                and secondary school teachers an opportunity to enhance 
                their knowledge of American political thought and 
                history, free institutions, or the impact of American 
                representative democracy and constitutional democracies 
                globally; and
                    ``(B) to carry out one or more of the following:
                            ``(i) Establishing or strengthening 
                        academic programs or centers focused on 
                        American political thought and history, free 
                        institutions, or the impact of American 
                        representative democracy and constitutional 
                        democracies globally, which may include--
                                    ``(I) design and implementation of 
                                programs of study, courses, lecture 
                                series, seminars, and symposia;
                                    ``(II) development, publication, 
                                and dissemination of instructional 
                                materials;
                                    ``(III) research;
                                    ``(IV) support for faculty teaching 
                                in undergraduate and, if applicable, 
                                graduate programs; or
                                    ``(V) support for graduate and 
                                postgraduate fellowships, if 
                                applicable.
                            ``(ii) For teacher preparation initiatives 
                        that stress content mastery regarding American 
                        political thought and history, free 
                        institutions, or the impact of American 
                        representative democracy and constitutional 
                        democracies globally.
                            ``(iii) To conduct outreach activities to 
                        ensure that information about the activities 
                        funded under this section is widely 
                        disseminated--
                                    ``(I) to undergraduate students 
                                (including students enrolled in teacher 
                                education programs, if applicable);
                                    ``(II) to graduate students 
                                (including students enrolled in teacher 
                                education programs, if applicable);
                                    ``(III) to faculty;
                                    ``(IV) to local educational 
                                agencies; and
                                    ``(V) within the local community.
            ``(2) Allowable uses of funds.--Funds provided under this 
        section may be used to support--
                    ``(A) collaboration with entities such as--
                            ``(i) nonprofit organizations whose 
                        missions and demonstrated expertise are 
                        consistent with the purpose of this section, 
                        for assistance in carrying out activities 
                        described under subsection (a); and
                            ``(ii) Federal or State humanities 
                        programs, which may include those funded by the 
                        National Endowment for the Humanities; and
                    ``(B) the creation and use of open educational 
                resources on American political thought and history, 
                free institutions, or the impact of American 
                representative democracy and constitutional democracies 
                globally.'';
            (7) by redesignating subsection (f) as subsection (g);
            (8) in subsection (g), as redesignated by paragraph (7), by 
        striking ``2009'' and inserting ``2022''; and
            (9) by inserting after subsection (e) the following:
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed to authorize the Secretary to prescribe an American political 
thought and history curriculum.''.

SEC. 204. SUSTAINING THE TRUMAN FOUNDATION.

    Section 10(b) of Public Law 93-642 (20 U.S.C. 2001 et seq.) is 
amended to read as follows:
    ``(b)(1) It shall be the duty of the Secretary of the Treasury to 
invest in full the amounts appropriated to the fund.
    ``(2) Investments of amounts appropriated to the fund shall be made 
in public debt securities of the United States with maturities suitable 
to the fund. For such purpose, such obligations may be acquired--
            ``(A) on original issue at the issue price; or
            ``(B) by purchase of outstanding obligations at the market 
        price.
    ``(3) The purposes for which obligations of the United States may 
be issued under chapter 31 of title 31, United States Code, are hereby 
extended to authorize the issuance at par of special obligations 
exclusively to the fund. Such special obligations shall bear interest 
at a rate equal to the average rate of interest, computed as to the end 
of the calendar month next preceding the date of such issue, borne by 
all marketable interest-bearing obligations of the United States then 
forming a part of the public debt, except that where such average rate 
is not a multiple of \1/8\ of 1 percent, the rate of interest of such 
special obligations shall be the multiple of \1/8\ of 1 percent next 
lower than such average rate. Such special obligations shall be issued 
only if the Secretary determines that the purchases of other interest-
bearing obligations of the United States, or of obligations guaranteed 
as to both principal and interest by the United States or original 
issue or at the market price, is not in the public interest.''.

SEC. 205. SUSTAINING THE MADISON FOUNDATION.

    Subsection (b) of section 811 of the James Madison Memorial 
Fellowship Act (20 U.S.C. 4510) is amended to read as follows:
    ``(b)(1) It shall be the duty of the Secretary of the Treasury to 
invest in full the amounts appropriated to the fund.
    ``(2) Subject to paragraph (3), investments of amounts appropriated 
to the fund shall be made in public debt securities of the United 
States with maturities suitable to the fund. For such purpose, such 
obligations may be acquired (A) on original issue at the issue price, 
or (B) by purchase of outstanding obligations at the market price. The 
purposes for which obligations of the United States may be issued under 
chapter 31 of title 31, United States Code, are hereby extended to 
authorize the issuance at par of special obligations exclusively to the 
fund. Such special obligations shall bear interest at a rate equal to 
the average rate of interest, computed as to the end of the calendar 
month next preceding the date of such issue, borne by all marketable 
interest-bearing obligations of the United States then forming a part 
of the public debt, except that where such average rate is not a 
multiple of \1/8\ of 1 percent, the rate of interest of such special 
obligations shall be the multiple of \1/8\ of 1 percent next lower than 
such average rate. Such special obligations shall be issued only if the 
Secretary determines that the purchases of other interest-bearing 
obligations of the United States, or of obligations guaranteed as to 
both principal and interest by the United States or original issue or 
at the market price, is not in the public interest.
    ``(3)(A) Notwithstanding paragraph (2), upon receiving a 
determination of the Board described in subparagraph (B), the Secretary 
shall invest up to 40 percent of the fund's assets in securities other 
than public debt securities of the United States, provided that the 
securities are traded in established United States markets.
    ``(B) A determination described in this subparagraph is a 
determination by the Board that investments as described in 
subparagraph (A) are necessary to enable the Foundation to carry out 
the purposes of this title without any diminution of the number of 
fellowships provided under section 804.
    ``(C) Nothing in this paragraph shall be construed to limit the 
authority of the Board to increase the number of fellowships provided 
under section 804, or to increase the amount of the fellowship 
authorized by section 809, as the Board considers appropriate and is 
otherwise consistent with the requirements of this title.''.

SEC. 206. THE CIVICS ACT.

    Section 2233(b) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6663(b)) is amended by striking paragraphs (1) and (2) 
and inserting the following:
            ``(1) shall--
                    ``(A) show potential to improve the quality of 
                student achievement in, and teaching of, American 
                history, civics and government, or geography, in 
                elementary schools and secondary schools;
                    ``(B) demonstrate innovation, scalability, 
                accountability, and a focus on underserved populations; 
                and
                    ``(C) include programs that educate students about 
                the history and principles of the Constitution of the 
                United States, including the Bill of Rights; and
            ``(2) may include hands-on civic engagement activities for 
        teachers and students.''.

                TITLE III--CIVICS SECURES DEMOCRACY FUND

SEC. 301. CIVICS SECURES DEMOCRACY FUND.

    (a) Definitions.--In this section:
            (1) The term ``Civics Secures Democracy Fund'' means the 
        Civics Secures Democracy Fund established under subsection (b).
            (2) The term ``COVID relief funds'' means amounts made 
        available under--
                    (A) the Coronavirus Preparedness and Response 
                Supplemental Appropriations Act, 2020 (Public Law 116-
                123; 134 Stat 146);
                    (B) the Families First Coronavirus Response Act 
                (Public Law 116-127; 134 Stat. 178);
                    (C) the CARES Act (Public Law 116-136; 134 Stat. 
                281);
                    (D) the Paycheck Protection Program and Health Care 
                Enhancement Act (Public Law 116-139; 134 Stat. 620);
                    (E) division N of the Consolidated Appropriations 
                Act, 2021 (Public Law 116-260); or
                    (F) the American Rescue Plan Act of 2021 13 (Public 
                Law 117-2).
            (3) The term ``Secretary'' means the Secretary of 
        Education.
    (b) Civics Secures Democracy Fund.--There is established in the 
Treasury a fund to be known as the ``Civics Secures Democracy Fund''. 
Amounts deposited into the Civics Secures Democracy Fund pursuant to 
subsection (c) shall be available to the Secretary, without fiscal year 
limitation or need for subsequent appropriation, and shall be used as 
follows:
            (1) For fiscal year 2022 and for each of the 5 succeeding 
        fiscal years--
                    (A) $585,000,000 from the Civics Secures Democracy 
                Fund shall be made available to carry out section 103;
                    (B) $200,000,000 from the Civics Secures Democracy 
                Fund shall be made available to carry out section 104; 
                and
                    (C) $50,000,000 from the Civics Secures Democracy 
                Fund shall be made available to carry out section 106.
            (2) For fiscal year 2022 and for each of the 5 succeeding 
        fiscal years, $150,000,000 shall be made available from the 
        Civics Secures Democracy Fund to carry out section 105 of this 
        Act and section 805 of the Higher Education Act of 1965 (20 
        U.S.C. 1161e).
            (3) For fiscal year 2022 and for each of the 5 succeeding 
        fiscal years, $15,000,000 shall be made available from the 
        Civics Secures Democracy Fund to carry out section 810A of the 
        James Madison Memorial Fellowship Act (20 18 U.S.C. 4501 et 
        seq.), as added by section 201 of this Act.
            (4) $300,000,000 from the Civics Secures Democracy Fund 
        shall be made available for a one-time payment for the Harry S. 
        Truman Scholarship Foundation Trust Fund, established by 
        section 10 of Public Law 93-642 (20 U.S.C. 2009).
            (5) $20,000,000 from the Civics Secures Democracy Fund 
        shall be made available for a one-time payment for the James 
        Madison Memorial Fellowship Trust Fund, established by section 
        811 of the James Madison Memorial Fellowship Act (20 U.S.C. 
        4510).
            (6) For fiscal years beginning after fiscal year 2027--
                    (A) amounts appropriated for any such fiscal year 
                for deposit into the Civics Secures Democracy Fund 
                shall be used to carry out the provisions of law 
                specified in paragraphs (1) through (3); and
                    (B) the amount allocated from the Fund to carry out 
                each such provision for a fiscal year shall be 
                determined by the Secretary.
    (c) Identification and Use of Excess Funds.--
            (1) Identification of sufficient sums.--Not later than 30 
        days after the date of enactment of this Act, the Secretary, in 
        consultation with the Secretary of the Treasury and Director of 
        the Office of Management and Budget, shall identify unobligated 
        COVID relief funds for programs that have expired that are 
        appropriate for transfer to the Civics Secures Democracy Fund--
                    (A) in the amount equal to $6,320,000,000; or
                    (B) if unobligated funds in that amount are not 
                available and appropriate for transfer, a lesser amount 
                not to exceed $6,320,000,000.
            (2) Transfer.--Effective on the date that is 30 days after 
        the date of enactment of this Act--
                    (A) the unobligated COVID relief funds identified 
                in accordance with paragraph (1) shall be transferred 
                to and merged with the Civics Secures Democracy Fund; 
                and
                    (B) the provisions of law specified in 
                subparagraphs (A) through (F) of subsection (a)(2) 
                shall no longer apply to such funds.
            (3) Conditional authorization of appropriations.--In the 
        event the amount transferred to the Civics Secures Democracy 
        Fund pursuant to paragraph (2) is less than $6,320,000,000, 
        there is appropriated to the Fund an amount equal to the 
        difference between--
                    (A) the amount transferred to the Fund pursuant to 
                such paragraph; and
                    (B) $6,320,000,000.
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