I
119THCONGRESS
1
STSESSION H. R. 2456
To terminate the Department of Education, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH27, 2025
Mr. M
ORANintroduced the following bill; which was referred to the Committee
on Education and Workforce
A BILL
To terminate the Department of Education, and for other
purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Orderly Liquidation 4
of the Department of Education Act’’. 5
SEC. 2. FINDINGS; PURPOSES. 6
(a) F
INDINGS.—Congress finds the following: 7
(1) The Department of Education has existed 8
for 45 years but despite its existence, education in 9
the United States has not improved. 10
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(2) The Department of Education has failed 1
‘‘to supplement and complement the efforts of 2
States, the local school systems and other instru-3
mentalities of the States’’ in order to improve the 4
quality of education as outlined in section 102(2) of 5
the Department of Education Organization Act (20 6
U.S.C. 3402(2)). 7
(3) The Department of Education has contin-8
ued to promote policies that strip local elected offi-9
cials, educators, and parents of the ability to direct 10
the education of children. 11
(b) P
URPOSES.—The purposes of this Act are the fol-12
lowing: 13
(1) To orderly liquidate the Department of 14
Education. 15
(2) To return the responsibility and authority 16
of educating students to States and local commu-17
nities. 18
(3) To ensure that the Federal government 19
does not continue to place unnecessary and restric-20
tive regulation on those tasked with educating chil-21
dren. 22
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SEC. 3. OFFICE OF EDUCATION. 1
(a) I
NGENERAL.—The Public Health Service Act 2
(42 U.S.C. 201 et seq.) is amended by adding at the end 3
the following: 4
‘‘TITLE XXXIV—OFFICE OF 5
EDUCATION 6
‘‘SEC. 3401. OFFICE OF EDUCATION. 7
‘‘(a) I
NGENERAL.—There shall be in the Depart-8
ment of Health and Human Services an Office of Edu-9
cation (referred to in this section as ‘the Office’). 10
‘‘(b) D
IRECTOR.—The Office shall be under the di-11
rection and supervision of the Director of Education (re-12
ferred to in this section as the ‘Director’), who shall be 13
appointed by the President and who shall report directly 14
to the Secretary of Health and Human Services. 15
‘‘(c) A
SSISTANTDIRECTOR OFK–12 EDUCATION.— 16
The Director shall appoint an Assistant Director of K– 17
12 Education who shall administer such functions affect-18
ing elementary and secondary education as the Director 19
shall delegate. 20
‘‘(d) A
SSISTANTDIRECTOR OF HIGHEREDU-21
CATION.—The Director shall appoint an Assistant Direc-22
tor of Higher Education who shall administer such func-23
tions affecting postsecondary education as the Director 24
shall delegate.’’. 25
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(b) EFFECTIVEDATE.—The amendment made by 1
this section shall take effect on the date that the President 2
implements the plan required under section 4(b)(1). 3
SEC. 4. ORDERLY LIQUIDATION OF DEPARTMENT OF EDU-4
CATION. 5
(a) T
ERMINATION OF DEPARTMENT OF EDU-6
CATION.—Effective on October 1, 2026, the Department 7
of Education is terminated, and, with the exception of 8
functions transferred under this Act, any function for 9
which the Secretary of Education or the Department of 10
Education has administrative responsibility as provided by 11
law or by delegation of authority pursuant to law is re-12
pealed. 13
(b) L
IQUIDATIONPLAN.— 14
(1) I
N GENERAL.—Not later than 180 days 15
after the date of enactment of this Act, the Presi-16
dent shall develop and implement a plan to orderly 17
liquidate the Department of Education. 18
(2) C
ONSULTATION.—Not later than 15 days 19
before the date on which the plan required under 20
paragraph (1) is implemented, the President shall 21
consult with the appropriate congressional commit-22
tees on such plan. 23
(3) P
LAN ELEMENTS .—The plan required 24
under paragraph (1) shall contain, in accordance 25
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with subsection (a), such elements as the President 1
deems appropriate, including the following: 2
(A) Specification of the steps to be taken 3
to terminate functions of the Department of 4
Education in accordance with subsection (a). 5
(B) Specification of the steps to be taken 6
to transfer administrative responsibility of cer-7
tain Department of Education functions to 8
other entities in accordance with section 5. 9
(C) Specification of the steps to be taken 10
to transfer the Institute of Education Science 11
to the Office of Education of the Department of 12
Health and Human Services in accordance with 13
section 8. 14
(D) Specification of the steps to be taken 15
to transfer the Office for Civil Rights of the 16
Department of Education to the Department of 17
Justice in accordance with section 9. 18
(E) Specification of the funds available to 19
each entity assuming administrative responsibil-20
ities transferred in accordance with section 5 to 21
carry out such administrative responsibilities, in 22
accordance with the provisions of section 1531 23
of title 31, United States Code. 24
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(F) Specification of the proposed allocation 1
of any unexpended funds resulting from the ter-2
mination of the Department of Education. 3
(G) Specification of the proposed disposi-4
tion of property, facilities, contracts, records, 5
and other assets and obligations of the Depart-6
ment of Education. 7
(c) S
ECRETARY OF EDUCATION RESPONSIBIL-8
ITIES.—The Secretary of Education shall, in accordance 9
with the plan required under subsection (b)(1), take any 10
actions as may be necessary to conclude any outstanding 11
affairs of the Department of Education before October 1, 12
2026. 13
(d) D
IRECTOR OFEDUCATIONRESPONSIBILITIES.— 14
The Director of Education of the Office of Education of 15
the Department of Health and Human Services shall as-16
sist with implementing the plan required under subsection 17
(b)(1). 18
SEC. 5. TRANSFER OF CERTAIN DEPARTMENT OF EDU-19
CATION FUNCTIONS. 20
(a) T
RANSFERS TODIRECTOR OFEDUCATION.—In 21
accordance with the plan required under section 4(b)(1), 22
and not later than October 1, 2026, the Secretary of Edu-23
cation shall transfer to the Director of Education of the 24
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Office of Education of the Department of Health and 1
Human Services the following functions: 2
(1) Authority granted to the Secretary of Edu-3
cation by the Act entitled ‘‘An Act to Promote the 4
Education of the Blind’’, approved March 3, 1879 5
(20 U.S.C. 101 et seq.). 6
(2) The Honorable Augustus F. Hawkins Cen-7
ter of Excellence program under subpart 2 of part 8
B of title II of the Higher Education Act of 1965 9
(20 U.S.C. 1033–1033a). 10
(3) Each program under subpart 2 of part A of 11
title IV of the Higher Education Act of 1965 (20 12
U.S.C. 1070a–11 et seq.). 13
(4) Functions under part B of title VII of the 14
Higher Education Act of 1965 (20 U.S.C. 1138 et 15
seq.). 16
(5) Grants under section 619 of the Individuals 17
with Disabilities Education Act (20 U.S.C. 1419). 18
(6) The Program for Infants and Toddlers with 19
Disabilities under part C of the Individuals with 20
Disabilities Education Act (20 U.S.C. 1431 et seq.). 21
(7) The State Personnel Development Grants 22
program under subpart 1 of part D of the Individ-23
uals with Disabilities Education Act (20 U.S.C. 24
1451 et seq.). 25
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(8) Grants under section 662 of the Individuals 1
with Disabilities Education Act (20 U.S.C. 1462). 2
(9) The Helen Keller National Center for 3
Youths and Adults who are Deaf-Blind under the 4
Helen Keller National Center Act (20 U.S.C. 1901 5
et seq.). 6
(10) Grants under part A of title I the Elemen-7
tary and Secondary Education Act of 1965 (20 8
U.S.C. 6311 et seq.). 9
(11) Each program under part D of title I of 10
the Elementary and Secondary Education Act of 11
1965 (20 U.S.C. 6421 et seq.). 12
(12) The Student Support and Academic En-13
richment program under part A of title IV of the El-14
ementary and Secondary Education Act of 1965 (20 15
U.S.C. 7101 et seq.). 16
(13) The 21st Century Community Learning 17
Centers program under part B of title IV of the Ele-18
mentary and Secondary Education Act of 1965 (20 19
U.S.C. 7171 et seq.). 20
(14) The Magnet Schools Assistance program 21
under part D of title IV of the Elementary and Sec-22
ondary Education Act of 1965 (20 U.S.C. 7231 et 23
seq.). 24
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(15) The Promise Neighborhoods program 1
under subpart 2 of part F of the Elementary and 2
Secondary Education Act of 1965 (20 U.S.C. 7271 3
et seq.). 4
(16) Activities carried out under section 5
4631(a)(1)(B) of the Elementary and Secondary 6
Education Act of 1965 (20 U.S.C. 7281(a)(1)(B)). 7
(17) The Rural Education Achievement Pro-8
gram under part B of title V of the Elementary and 9
Secondary Education Act of 1965 (20 U.S.C. 7341 10
et seq.). 11
(18) The Preschool Development Grants pro-12
gram under section 9212 of the Every Student Suc-13
ceeds Act (Public Law 114–95; 42 U.S.C. 9831 14
note). 15
(19) The Education for Homeless Children and 16
Youths program under part B of title VII of the 17
McKinney-Vento Homeless Assistance Act (42 18
U.S.C. 11431 et seq.). 19
(20) Grants under the Scholarships for Oppor-20
tunity and Results Act (division C of Public Law 21
112–10). 22
(b) T
RANSFERS TO NATIONALSCIENCEFOUNDA-23
TION.—In accordance with the plan required under section 24
4(b)(1), and not later than October 1, 2026, the Secretary 25
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of Education shall transfer to the Director of the National 1
Science Foundation the following functions: 2
(1) Authority granted to the Secretary of Edu-3
cation by the Act entitled ‘‘An Act to incorporate the 4
Howard University in the District of Columbia’’, ap-5
proved March 2, 1867 (20 U.S.C. 121 et seq.). 6
(2) Functions under the Howard University 7
Endowment Act (20 U.S.C. 130aa et seq.). 8
(3) Functions under section 318 of the Higher 9
Education Act of 1965 (20 U.S.C. 1059e). 10
(4) Grants under section 323 of the Higher 11
Education Act of 1965 (20 U.S.C. 1062). 12
(5) Grants under section 326 of the Higher 13
Education Act of 1965 (20 U.S.C. 1063b). 14
(6) Functions under part D of title III of the 15
Higher Education Act of 1965 (20 U.S.C. 1066 et 16
seq.). 17
(7) Functions under part F of title III of the 18
Higher Education Act of 1965 (20 U.S.C. 1067q et 19
seq.). 20
(8) Grants under section 723 of the Higher 21
Education Act of 1965 (20 U.S.C. 1136a). 22
(9) Functions under part A of title I of the 23
Education of the Deaf Act of 1986 (20 U.S.C. 4301 24
et seq.). 25
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(10) Functions under part B of title I of the 1
Education of the Deaf Act of 1986 (20 U.S.C. 4331 2
et seq.). 3
(11) Functions under title II of the Education 4
of the Deaf Act of 1986 (20 U.S.C. 4351 et seq.). 5
(c) T
RANSFERS TODIRECTOR OF THE BUREAU OF 6
I
NDIANEDUCATION.—In accordance with the plan re-7
quired under section 4(b)(1), and not later than October 8
1, 2026, the Secretary of Education shall transfer to the 9
Director of the Bureau of Indian Education of the Depart-10
ment of the Interior the following functions: 11
(1) Grants under section 316 of the Higher 12
Education Act of 1965 (20 U.S.C. 1059c). 13
(2) Grants under section 116 of the Carl D. 14
Perkins Career and Technical Education Act of 15
2006 (20 U.S.C. 2326). 16
(3) Grants under section 117 of the Carl D. 17
Perkins Career and Technical Education Act of 18
2006 (20 U.S.C. 2327). 19
(4) Grants under subpart 1 of part A of title 20
VI of the Elementary and Secondary Education Act 21
of 1965 (20 U.S.C. 7421 et seq.). 22
(5) Grants under subpart 2 of part A of title 23
VI of the Elementary and Secondary Education Act 24
of 1965 (20 U.S.C. 7441 et seq.). 25
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(d) TRANSFERS TO SECRETARY OF THE TREAS-1
URY.—In accordance with the plan required under section 2
4(b)(1), and not later than October 1, 2026, the Secretary 3
of Education shall transfer to the Secretary of the Treas-4
ury the following functions: 5
(1) Each program under subpart 1 of part A of 6
title IV of the Higher Education Act of 1965 (20 7
U.S.C. 1070a et seq.). 8
(2) Grants under subpart 3 of part A of title 9
IV of the Higher Education Act of 1965 (20 U.S.C. 10
1070b et seq.). 11
(3) Grants under part C of title IV of the High-12
er Education Act of 1965 (20 U.S.C. 1087–51 et 13
seq.). 14
(4) The William D. Ford Federal Direct Loan 15
Program under part D of title IV of the Higher 16
Education Act of 1965 (20 U.S.C. 1087a et seq.). 17
(e) T
RANSFERS TO SECRETARY OF DEFENSE.—In 18
accordance with the plan required under section 4(b)(1), 19
and not later than October 1, 2026, the Secretary of Edu-20
cation shall transfer to the Secretary of Defense the fol-21
lowing functions: 22
(1) Functions under section 7002 of the Ele-23
mentary and Secondary Education Act of 1965 (20 24
U.S.C. 7702). 25
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(2) Functions under section 7003 of the Ele-1
mentary and Secondary Education Act of 1965 (20 2
U.S.C. 7703). 3
(3) Functions under section 7007 of the Ele-4
mentary and Secondary Education Act of 1965 (20 5
U.S.C. 7707). 6
(4) Assistance under section 7008(a) of the El-7
ementary and Secondary Education Act of 1965 (20 8
U.S.C. 7708(a)). 9
(f) T
RANSFERS TOSECRETARY OFLABOR.—In ac-10
cordance with the plan required under section 4(b)(1), and 11
not later than October 1, 2026, the Secretary of Edu-12
cation shall transfer to the Secretary of Labor the fol-13
lowing functions: 14
(1) Functions under parts A and B of title I of 15
the of the Rehabilitation Act of 1973 (29 U.S.C. 16
720 et seq.). 17
(2) Grants under section 303 of the Rehabilita-18
tion Act of 1973 (29 U.S.C. 773). 19
(3) Allotments under title VI of the Rehabilita-20
tion Act of 1973 (29 U.S.C. 795g et seq.; also 21
known as the ‘‘Employment Opportunities for Indi-22
viduals With Disabilities Act’’). 23
(4) Functions under sections 111, 112, 113, 24
114, and 115 of the Carl D. Perkins Career and 25
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Technical Education Act of 2006 (20 U.S.C. 2321 1
et seq.). 2
(g) T
RANSFER TODIRECTOR OF THEBUREAU OFIN-3
DIANAFFAIRS.—In accordance with the plan required 4
under section 4(b)(1), and not later than October 1, 2026, 5
the Secretary of Education shall transfer to the Director 6
of the Bureau of Indian Affairs of the Department of the 7
Interior the administration of grants under section 121 8
of the Rehabilitation Act of 1973 (29 U.S.C. 741). 9
(h) T
RANSFER OF PRESCHOOL DEVELOPMENT 10
G
RANTSPROGRAM.—In accordance with the plan required 11
under section 4(b)(1), and not later than October 1, 2026, 12
the Secretary of Health and Human Services and the Sec-13
retary of Education shall transfer to the Director of Edu-14
cation the administration of the Preschool Development 15
Grants program under section 9212 of the Every Student 16
Succeeds Act (Public Law 114–95; 42 U.S.C. 9831 note). 17
(i) L
IMITATION ONTRANSFER OFFUNCTIONS.—The 18
transfer of functions pursuant to this section does not ex-19
tend to the transfer of personnel employed by the Depart-20
ment of Education to carry out such functions. 21
SEC. 6. SCHEDULED TERMINATION OF CERTAIN EDU-22
CATION FUNDS. 23
No sums may be expended after October 1, 2036, to 24
carry out the following functions: 25
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(1) Grants under part A of title I the Elemen-1
tary and Secondary Education Act of 1965 (20 2
U.S.C. 6311 et seq.). 3
(2) Each program under part D of title I of the 4
Elementary and Secondary Education Act of 1965 5
(20 U.S.C. 6421 et seq.). 6
SEC. 7. SCHEDULED TERMINATION OF FEDERAL DIRECT 7
PLUS LOANS. 8
Section 455(a) of the Higher Education Act of 1965 9
(20 U.S.C. 1087e) is amended by adding at the end the 10
following: 11
‘‘(4) T
ERMINATION OF AUTHORITY TO MAKE 12
FEDERAL DIRECT PLUS LOANS .— 13
‘‘(A) I
N GENERAL.—Subject to subpara-14
graph (B) and notwithstanding any provision of 15
this part or part B, no Federal Direct PLUS 16
Loans may be made under this part for any pe-17
riod of instruction beginning on or after Octo-18
ber 1, 2026. 19
‘‘(B) L
OANS MADE BEFORE OCTOBER 1 , 20
2026.—A borrower who has not received a Fed-21
eral Direct PLUS Loan before the date of en-22
actment of the Orderly Liquidation of the De-23
partment of Education Act and for whom a 24
Federal Direct PLUS Loan is first disbursed 25
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for any period of instruction beginning on or 1
after such date, but not later than October 1, 2
2026, may be eligible to receive Federal Direct 3
PLUS Loans until the completion of the course 4
of study for which such loan was first disbursed 5
or September 30, 2030, whichever occurs 6
first.’’. 7
SEC. 8. TRANSFER OF THE INSTITUTE OF EDUCATION 8
SCIENCE TO THE OFFICE OF EDUCATION. 9
Effective on October 1, 2026, there are transferred 10
to the Office of Education of the Department of Health 11
and Human Services the functions, personnel, and assets 12
of the Institute of Education Science. 13
SEC. 9. TRANSFER OF THE OFFICE FOR CIVIL RIGHTS TO 14
THE DEPARTMENT OF JUSTICE. 15
Effective on October 1, 2026, there are transferred 16
to the Department of Justice the functions, personnel, and 17
assets of the Office for Civil Rights of the Department 18
of Education. 19
SEC. 10. OPTION TO REFUSE FEDERAL FUNDS. 20
Any recipient of a grant, an allotment, or other funds 21
provided pursuant to a function transferred under section 22
5 may decline to receive such grant, allotment, or funds. 23
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SEC. 11. REFERENCES. 1
Any reference in any other Federal law, Executive 2
order, rule, regulation, or delegation of authority, or any 3
document of or pertaining to a department or office from 4
which a function is transferred by this Act— 5
(1) to the head of such department or office is 6
deemed to refer to the head of the department or of-7
fice to which such function is transferred; or 8
(2) to such department or office is deemed to 9
refer to the department or office to which such func-10
tion is transferred. 11
SEC. 12. EXERCISE OF AUTHORITIES. 12
Except as otherwise provided by law, an official to 13
whom a function is transferred by this Act may, for pur-14
poses of performing the function, exercise all authorities 15
under any other provision of law that were available with 16
respect to the performance of that function to the official 17
responsible for the performance of the function imme-18
diately before the effective date of the transfer of the func-19
tion under this Act. 20
SEC. 13. SAVINGS PROVISIONS. 21
(a) L
EGALDOCUMENTS.—All orders, determinations, 22
rules, regulations, permits, grants, loans, contracts, agree-23
ments, certificates, licenses, and privileges— 24
(1) that have been issued, made, granted, or al-25
lowed to become effective by the President, the Sec-26
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retary of Education, or any other Government offi-1
cial, or by a court of competent jurisdiction, in the 2
performance of any function that is transferred by 3
this Act, and 4
(2) that are in effect on the effective date of 5
such transfer (or become effective after such date 6
pursuant to their terms as in effect on such effective 7
date), 8
shall continue in effect according to their terms until 9
modified, terminated, superseded, set aside, or revoked in 10
accordance with law by the President, any other author-11
ized official, a court of competent jurisdiction, or operation 12
of law. 13
(b) P
ROCEEDINGS.—This Act shall not affect any 14
proceedings or any application for any benefits, service, 15
license, permit, certificate, or financial assistance pending 16
on the date of enactment of this Act before an office trans-17
ferred by this Act, but such proceedings and applications 18
shall be continued. Orders shall be issued in such pro-19
ceedings, appeals shall be taken therefrom, and payments 20
shall be made pursuant to such orders, as if this Act had 21
not been enacted, and orders issued in any such pro-22
ceeding shall continue in effect until modified, terminated, 23
superseded, or revoked by a duly authorized official, by 24
a court of competent jurisdiction, or by operation of law. 25
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Nothing in this subsection shall be considered to prohibit 1
the discontinuance or modification of any such proceeding 2
under the same terms and conditions and to the same ex-3
tent that such proceeding could have been discontinued 4
or modified if this Act had not been enacted. 5
(c) S
UITS.—This Act shall not affect suits com-6
menced before the date of the enactment of this Act, and 7
in all such suits, proceeding shall be had, appeals taken, 8
and judgments rendered in the same manner and with the 9
same effect as if this Act had not been enacted. 10
(d) N
ONABATEMENT OF ACTIONS.—No suit, action, 11
or other proceeding commenced by or against the Depart-12
ment of Education, or by or against any individual in the 13
official capacity of such individual as an officer or em-14
ployee of an office transferred by this Act, shall abate by 15
reason of the enactment of this Act. 16
(e) C
ONTINUANCE OFSUITS.—If any Government of-17
ficer in the official capacity of such officer is party to a 18
suit with respect to a function of the officer, and under 19
this Act such function is transferred to any other officer 20
or office, then such suit shall be continued with the other 21
officer or the head of such other office, as applicable, sub-22
stituted or added as a party. 23
(f) A
DMINISTRATIVEPROCEDURE AND JUDICIALRE-24
VIEW.—Except as otherwise provided by this Act, any 25
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statutory requirements relating to notice, hearings, action 1
upon the record, or administrative or judicial review that 2
apply to any function transferred by this Act shall apply 3
to the exercise of such function by the head of the Federal 4
agency, and other officers of the agency, to which such 5
function is transferred by this Act. 6
SEC. 14. FUNCTION DEFINED. 7
For purposes of this Act, the term ‘‘function’’ in-8
cludes any duty, obligation, power, authority, responsi-9
bility, right, privilege, activity, or program. 10
Æ
VerDate Sep 11 2014 20:46 Apr 03, 2025 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6301 E:\BILLS\H2456.IH H2456
ssavage on LAPJG3WLY3PROD with BILLS