Us Congress 2025-2026 Regular Session

Us Congress House Bill HB369 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 369
55 To provide for the elimination of the Department of Education, and for
66 other purposes.
77 IN THE HOUSE OF REPRESENTATIVES
88 JANUARY13, 2025
99 Mr. R
1010 OUZERintroduced the following bill; which was referred to the
1111 Committee on Education and Workforce
1212 A BILL
1313 To provide for the elimination of the Department of
1414 Education, and for other purposes.
1515 Be it enacted by the Senate and House of Representa-1
1616 tives of the United States of America in Congress assembled, 2
1717 SECTION 1. SHORT TITLE. 3
1818 This Act may be cited as the ‘‘States’ Education Rec-4
1919 lamation Act of 2025’’. 5
2020 SEC. 2. FINDINGS. 6
2121 Congress finds the following: 7
2222 (1) Principles of federalism embodied in the 8
2323 Constitution of the United States entrust authority 9
2424 over issues of educational policy to the States and 10
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2828 the people and a Federal Department of Education 1
2929 is inconsistent with such principles. 2
3030 (2) Tradition and experience dictate that the 3
3131 governance and management of schools in the 4
3232 United States are best performed by parents, teach-5
3333 ers, and communities. 6
3434 (3) The education of the Nation’s students is 7
3535 suffering under a managerial government. 8
3636 (4) The Department of Education has weak-9
3737 ened the ability of parents to make essential deci-10
3838 sions about their children’s education and has un-11
3939 dermined the capacity of communities to govern 12
4040 their schools. 13
4141 (5) In the 41 years of its existence, the Depart-14
4242 ment of Education has grown from a budget of $14 15
4343 billion to almost $73.5 billion in annual discre-16
4444 tionary appropriations administering around 100 17
4545 programs. Meanwhile, education performance for 17- 18
4646 year-olds has stagnated since 1971. 19
4747 (6) The Department of Education has fostered 20
4848 overregulation, standardization, bureaucratization, 21
4949 and litigation in United States education. 22
5050 (7) The Department of Education expends 23
5151 large amounts of money on its own maintenance and 24
5252 overhead. While the average national salary for pub-25
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5656 lic school teachers is $61,730 the average salary for 1
5757 a Department of Education employee is $112,724. 2
5858 (8) In certain States, the average State salary 3
5959 for a public school teacher is less than the national 4
6060 average. In North Carolina, the average salary for a 5
6161 public school teacher is $53,975. 6
6262 (9) Recent tests reflect poor results in mathe-7
6363 matics, science, and reading for American students 8
6464 compared with students from other nations. 9
6565 (10) Only through initiatives led by parents and 10
6666 local communities with the power to act can the 11
6767 United States elevate educational performance to-12
6868 ward an acceptable level. 13
6969 (11) The current system of top-down education 14
7070 uniformity is detrimental to local businesses and 15
7171 communities, the economic needs of the States, and 16
7272 the Nation’s ability to compete globally for jobs. 17
7373 (12) The Department of Education has been 18
7474 hostile to many promising reforms, including re-19
7575 forms that would empower parents, teachers, and 20
7676 local communities. The United States, once a labora-21
7777 tory of innovation through the experiments of the 22
7878 States, is moving toward education standardization 23
7979 that does not consider the individual educational 24
8080 needs of our diverse population of students. 25
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8484 SEC. 3. ABOLITION OF DEPARTMENT OF EDUCATION. 1
8585 The Department of Education is abolished, and, with 2
8686 the exception of the programs transferred under section 3
8787 7, any program for which the Secretary of Education or 4
8888 the Department of Education has administrative responsi-5
8989 bility as provided by law or by delegation of authority pur-6
9090 suant to law is repealed, including each program under 7
9191 the following: 8
9292 (1) The Department of Education Organization 9
9393 Act (20 U.S.C. 3401 et seq.). 10
9494 (2) The General Education Provisions Act (20 11
9595 U.S.C. 1221 et seq.). 12
9696 SEC. 4. GRANTS TO STATES FOR ELEMENTARY AND SEC-13
9797 ONDARY AND FOR POSTSECONDARY EDU-14
9898 CATION PROGRAMS. 15
9999 (a) I
100100 NGENERAL.—Subject to the requirements of 16
101101 this Act, each State is entitled to receive from the Sec-17
102102 retary of the Treasury, by not later than July 1 of the 18
103103 preceding fiscal year— 19
104104 (1) a grant for fiscal year 2025 and each suc-20
105105 ceeding fiscal year through fiscal year 2033, that is 21
106106 equal to the amount of funds appropriated for the 22
107107 State for Federal elementary school and secondary 23
108108 school programs for fiscal year 2025 (except for the 24
109109 funds appropriated for fiscal year 2025 for such pro-25
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113113 grams for such State that are being transferred 1
114114 under section 7); and 2
115115 (2) a grant for fiscal year 2025 and each suc-3
116116 ceeding fiscal year through fiscal year 2033, that is 4
117117 equal to the amount of funds appropriated for the 5
118118 State for Federal postsecondary education programs 6
119119 for fiscal year 2025 (except for the funds appro-7
120120 priated for fiscal year 2025 for such programs for 8
121121 such State that are being transferred under section 9
122122 7). 10
123123 (b) A
124124 PPROPRIATION.—Out of any money in the 11
125125 Treasury of the United States not otherwise appropriated, 12
126126 there are appropriated for fiscal years 2025 through 2033, 13
127127 such sums as are necessary for grants under subsection 14
128128 (a). 15
129129 (c) R
130130 EQUIREMENTS RELATING TOINTERGOVERN-16
131131 MENTALFINANCING.—The Secretary of the Treasury 17
132132 shall make the transfer of funds under grants under sub-18
133133 section (a) directly to each State in accordance with the 19
134134 requirements of section 6503 of title 31, United States 20
135135 Code. 21
136136 (d) E
137137 XPENDITURE OFFUNDS.—Amounts received by 22
138138 a State under this section for any fiscal year shall be ex-23
139139 pended by the State in such fiscal year or in the suc-24
140140 ceeding fiscal year. 25
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144144 (e) USE OFFUNDS.—Funds made available to a 1
145145 State— 2
146146 (1) under subsection (a)(1), shall be used by 3
147147 the State for any elementary or secondary education 4
148148 purpose permitted by State law, including increases 5
149149 in teacher salaries; and 6
150150 (2) under subsection (a)(2), shall be used by 7
151151 the State for any postsecondary education purpose 8
152152 permitted by State law. 9
153153 (f) S
154154 UPPLEMENT, NOTSUPPLANT.—A grant received 10
155155 under subsection (a) shall only be used to supplement the 11
156156 amount of funds that would, in the absence of such grant, 12
157157 be made available from non-Federal sources for elemen-13
158158 tary school and secondary school programs or postsec-14
159159 ondary education programs, and not to supplant those 15
160160 funds. 16
161161 SEC. 5. ADMINISTRATIVE AND FISCAL ACCOUNTABILITY. 17
162162 (a) A
163163 UDITS.— 18
164164 (1) C
165165 ONTRACT WITH APPROVED AUDITING EN -19
166166 TITY.—Not later than October 1, 2025, and annu-20
167167 ally thereafter, a State shall contract with an ap-21
168168 proved auditing entity (as defined under paragraph 22
169169 (3)(B)) for purposes of conducting an audit under 23
170170 paragraph (2) (with respect to the fiscal year ending 24
171171 September 30 of such year). 25
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175175 (2) AUDIT REQUIREMENT .—Under a contract 1
176176 under paragraph (1), an approved auditing entity 2
177177 shall conduct an audit of the expenditures or trans-3
178178 fers made by a State from amounts received under 4
179179 a grant under section 4, with respect to the fiscal 5
180180 year which such audit covers, to determine the ex-6
181181 tent to which such expenditures and transfers were 7
182182 expended in accordance with section 4. 8
183183 (3) E
184184 NTITY CONDUCTING AUDIT .— 9
185185 (A) I
186186 N GENERAL.—With respect to a 10
187187 State, the audit under paragraph (2) shall be 11
188188 conducted by an approved auditing entity in ac-12
189189 cordance with generally accepted auditing prin-13
190190 ciples. 14
191191 (B) A
192192 PPROVED AUDITING ENTITY .—For 15
193193 purposes of this section, the term ‘‘approved 16
194194 auditing entity’’ means, with respect to a State, 17
195195 an entity that is— 18
196196 (i) approved by the Secretary of the 19
197197 Treasury; 20
198198 (ii) approved by the chief executive of-21
199199 ficer of the State; and 22
200200 (iii) independent of any Federal, 23
201201 State, or local agency. 24
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205205 (4) SUBMISSION OF AUDIT .—Not later than 1
206206 April 30, 2026, and annually thereafter, a State 2
207207 shall submit the results of the audit under para-3
208208 graph (2) (with respect to the fiscal year ending on 4
209209 September 30 of such year) to the State legislature 5
210210 and to the Secretary of the Treasury. 6
211211 (b) R
212212 EIMBURSEMENT AND PENALTY.—If, through an 7
213213 audit conducted under subsection (a), an approved audit-8
214214 ing entity finds that a State violated the requirements of 9
215215 subsection (d) or (e) of section 4, the State shall pay to 10
216216 the Treasury of the United States 100 percent of the 11
217217 amount of State funds that were used in violation of sec-12
218218 tion 4 as a penalty. Insofar as a State fails to pay any 13
219219 such penalty, the Secretary of the Treasury shall offset 14
220220 the amount not so paid against the amount of any grant 15
221221 otherwise payable to the State under this Act. 16
222222 (c) A
223223 NNUALREPORTINGREQUIREMENTS.— 17
224224 (1) I
225225 N GENERAL.—Not later than January 31, 18
226226 2026, and annually thereafter, each State shall sub-19
227227 mit to the Secretary of the Treasury and the State 20
228228 legislature a report on the activities carried out by 21
229229 the State during the most recently completed fiscal 22
230230 year with funds received by the State under a grant 23
231231 under section 4 for such fiscal year. 24
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235235 (2) CONTENT.—A report under paragraph (1) 1
236236 shall, with respect to a fiscal year— 2
237237 (A) contain the results of the audit con-3
238238 ducted by an approved auditing entity for a 4
239239 State for such fiscal year, in accordance with 5
240240 the requirements of subsection (a) of this sec-6
241241 tion; 7
242242 (B) specify the amount of the grant made 8
243243 to the State under section 4; and 9
244244 (C) be in such form and contain such other 10
245245 information as the State determines is nec-11
246246 essary to provide— 12
247247 (i) an accurate description of the ac-13
248248 tivities conducted by the State for the pur-14
249249 pose described under section 4; and 15
250250 (ii) a complete record of the purposes 16
251251 for which amounts were expended in ac-17
252252 cordance with this section. 18
253253 (3) P
254254 UBLIC AVAILABILITY.—A State shall make 19
255255 copies of the reports required under this section 20
256256 available on a public website and shall make copies 21
257257 available in other formats upon request. 22
258258 (d) F
259259 AILURETOCOMPLYWITHREQUIREMENTS.— 23
260260 The Secretary of the Treasury shall not make any pay-24
261261 ment to a State under a grant authorized by section 4— 25
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265265 (1) if an audit for a State is not submitted as 1
266266 required under subsection (a) during the period be-2
267267 tween the date such audit is due and the date on 3
268268 which such audit is submitted; 4
269269 (2) if a State fails to submit a report as re-5
270270 quired under subsection (c) during the period be-6
271271 tween the date such report is due and the date on 7
272272 which such report is submitted; or 8
273273 (3) if a State violates a requirement of section 9
274274 4 during the period beginning on the date the Sec-10
275275 retary becomes aware of such violation and the date 11
276276 on which such violation is corrected by the State. 12
277277 (e) A
278278 DMINISTRATIVE SUPERVISION AND OVER-13
279279 SIGHT.— 14
280280 (1) L
281281 IMITED ROLE FOR SECRETARY OF THE 15
282282 TREASURY.—The authority of the Secretary of the 16
283283 Treasury under this Act is limited to— 17
284284 (A) promulgating regulations, issuing 18
285285 rules, or publishing guidance documents to the 19
286286 extent necessary for purposes of implementing 20
287287 subsection (a)(3)(B), subsection (b), and sub-21
288288 section (d); 22
289289 (B) making payments to the States under 23
290290 grants under section 4; 24
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294294 (C) approving entities under subsection 1
295295 (a)(3)(B) for purposes of the audits required 2
296296 under subsection (a); 3
297297 (D) withholding payment to a State of a 4
298298 grant under subsection (d) or offsetting a pay-5
299299 ment of such a grant to a State under sub-6
300300 section (b); and 7
301301 (E) exercising the authority relating to 8
302302 nondiscrimination that is specified in section 9
303303 6(b). 10
304304 (2) L
305305 IMITED ROLE FOR ATTORNEY GENERAL .— 11
306306 The authority of the Attorney General to supervise 12
307307 the amounts received by a State under section 4 is 13
308308 limited to the authority under section 6(b). 14
309309 (f) R
310310 ESERVATION OF STATEPOWERS.—Nothing in 15
311311 this section shall be construed to limit the power of a 16
312312 State, including the power of a State to pursue civil and 17
313313 criminal penalties under State law against any individual 18
314314 or entity that misuses, or engages in fraud or abuse re-19
315315 lated to, the funds provided to a State under section 4. 20
316316 SEC. 6. NONDISCRIMINATION PROVISIONS. 21
317317 (a) N
318318 ODISCRIMINATIONAGAINSTINDIVIDUALS.— 22
319319 No individual shall be excluded from participation in, de-23
320320 nied the benefits of, or subjected to discrimination under, 24
321321 any program or activity funded in whole or in part with 25
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325325 amounts paid to a State under section 4 on the basis of 1
326326 such individual’s— 2
327327 (1) disability under section 504 of the Rehabili-3
328328 tation Act of 1973 (29 U.S.C. 794); 4
329329 (2) sex under title IX of the Education Amend-5
330330 ments of 1972 (20 U.S.C. 1681 et seq.); or 6
331331 (3) race, color, or national origin under title VI 7
332332 of the Civil Rights Act of 1964 (42 U.S.C. 2000d 8
333333 et seq.). 9
334334 (b) C
335335 OMPLIANCE.— 10
336336 (1) I
337337 N GENERAL.—If the Attorney General de-11
338338 termines that a State or an entity that has received 12
339339 funds from amounts paid to a State under a grant 13
340340 under section 4 has failed to comply with a provision 14
341341 of law referred to in subsection (a), the Secretary of 15
342342 the Treasury shall notify the chief executive officer 16
343343 of the State of such failure to comply and shall re-17
344344 quest that such chief executive officer secure such 18
345345 compliance. 19
346346 (2) E
347347 NFORCEMENT.—If, not later than 60 days 20
348348 after receiving notification under paragraph (1), the 21
349349 chief executive officer of a State fails or refuses to 22
350350 secure compliance with the provision of law referred 23
351351 to in such notification, the Attorney General may— 24
352352 (A) institute an appropriate civil action; or 25
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356356 (B) exercise the powers and functions pro-1
357357 vided under section 505 of the Rehabilitation 2
358358 Act of 1973 (29 U.S.C. 794a), title IX of the 3
359359 Education Amendments of 1972 (20 U.S.C. 4
360360 1681 et seq.), or title VI of the Civil Rights Act 5
361361 of 1964 (42 U.S.C. 2000d et seq.) (as applica-6
362362 ble). 7
363363 SEC. 7. TRANSFER OF CERTAIN DEPARTMENT OF EDU-8
364364 CATION PROGRAMS. 9
365365 (a) T
366366 RANSFER OFCERTAINPROGRAMS.—Not later 10
367367 than 24 months after the date of the enactment of this 11
368368 Act— 12
369369 (1) each job training program under the juris-13
370370 diction of the Department of Education, including 14
371371 the Carl D. Perkins Career and Technical Education 15
372372 Act of 2006 (20 U.S.C. 2301 et seq.), shall be trans-16
373373 ferred to the Department of Labor; 17
374374 (2) each special education grant program under 18
375375 the Individuals with Disabilities Education Act (20 19
376376 U.S.C. 1460 et seq.) shall be transferred to the De-20
377377 partment of Health and Human Services; 21
378378 (3) each Indian education program under the 22
379379 jurisdiction of the Department of Education shall be 23
380380 transferred to the Department of the Interior; 24
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384384 (4) each Impact Aid program under title VIII 1
385385 of the Elementary and Secondary Education Act of 2
386386 1965 (20 U.S.C. 7701 et seq.) shall be transferred 3
387387 to the Department of Defense; 4
388388 (5) the Federal Pell Grant program under title 5
389389 IV of the Higher Education Act of 1965 (20 U.S.C. 6
390390 1070a) shall be transferred to the Department of 7
391391 the Treasury; 8
392392 (6) each Federal student loan program under 9
393393 the jurisdiction of the Department of Education 10
394394 shall be transferred to the Department of the Treas-11
395395 ury; 12
396396 (7) each program under the jurisdiction of the 13
397397 Institute of Education Sciences shall be transferred 14
398398 to the Department of Health and Human Services; 15
399399 and 16
400400 (8) each program under the jurisdiction of the 17
401401 D.C. Opportunity Scholarship Program shall be 18
402402 transferred to the Department of Health and 19
403403 Human Services. 20
404404 (b) L
405405 IMITATION ONTRANSFER OFCERTAINPRO-21
406406 GRAMS.—The transfer of programs pursuant to subsection 22
407407 (a) is limited to only the transfer of administrative respon-23
408408 sibility as provided by law or the delegation of authority 24
409409 pursuant to law and does not extend to the transfer of 25
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413413 personnel employed by the Department of Education to 1
414414 carry out such programs. 2
415415 SEC. 8. GAO REPORT. 3
416416 Not later than 90 days after the date of the enact-4
417417 ment of this Act, the Comptroller General of the United 5
418418 States shall submit to the Committee on Education and 6
419419 the Workforce of the House of Representatives and the 7
420420 Committee on Health, Education, Labor, and Pensions of 8
421421 the Senate report, which shall include— 9
422422 (1) a review and evaluation as to the feasibility 10
423423 of enhancing the ability of States and local commu-11
424424 nities to fund education by reducing the Federal tax 12
425425 burden and commensurately eliminating Federal 13
426426 Government involvement in providing grants for edu-14
427427 cation programs; and 15
428428 (2) an evaluation of the feasibility of the suc-16
429429 cessor Federal agencies for maintaining the pro-17
430430 grams to be transferred under section 7. 18
431431 SEC. 9. PLAN FOR CLOSURE OF THE DEPARTMENT OF EDU-19
432432 CATION. 20
433433 Not later than 365 days after the date of the enact-21
434434 ment of this Act, the President shall submit to the Con-22
435435 gress a plan to implement closure of the Department of 23
436436 Education in accordance with this Act. 24
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440440 SEC. 10. DEFINITIONS. 1
441441 In this Act: 2
442442 (1) E
443443 LEMENTARY SCHOOL ; SECONDARY 3
444444 SCHOOL.—The terms ‘‘elementary school’’ and ‘‘sec-4
445445 ondary school’’ have the meanings given the terms 5
446446 in section 8101 of the Elementary and Secondary 6
447447 Education Act of 1965 (20 U.S.C. 7801). 7
448448 (2) I
449449 NSTITUTION OF HIGHER EDUCATION .—The 8
450450 term ‘‘institution of higher education’’ has the 9
451451 meaning given the term in section 102 of the Ele-10
452452 mentary and Secondary Education Act of 1965 (20 11
453453 U.S.C. 1002). 12
454454 (3) S
455455 TATE.—The term ‘‘State’’ has the mean-13
456456 ing given the term in section 103 of the Higher 14
457457 Education Act of 1965 (20 U.S.C. 1003). 15
458458 Æ
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