[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5384 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5384
To abolish the Department of Education, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 21, 2024
Mr. Rounds introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To abolish the Department of Education, 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 ``Returning Education to Our States
Act''.
SEC. 2. ABOLISHMENT OF DEPARTMENT OF EDUCATION.
Effective on the date that is 180 days after the date of enactment
of this Act, the Department of Education is abolished, and, with the
exception of the programs transferred under section 3, any program for
which the Secretary of Education or the Department of Education has
administrative responsibility as provided by law or by delegation of
authority pursuant to law is repealed, including each program under the
following:
(1) The Department of Education Organization Act (20 U.S.C.
3401 et seq.).
(2) The General Education Provisions Act (20 U.S.C. 1221 et
seq.).
SEC. 3. TRANSFER OF CERTAIN DEPARTMENT OF EDUCATION PROGRAMS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act--
(1) all functions, programs, and authorities of the
Secretary of Education under the Individuals with Disabilities
Education Act (20 U.S.C. 1460 et seq.) shall be transferred to
the Department of Health and Human Services;
(2) each authority and program of the Office of Indian
Education of the Department of Education shall be transferred
to the Department of the Interior;
(3) each Impact Aid program under title VIII of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701
et seq.) shall be transferred to the Department of Health and
Human Services;
(4) the Federal Pell Grant program under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070a) shall be
transferred to the Department of the Treasury;
(5) the Federal Family Education Loan Program under part B
of such title IV shall be transferred to the Department of the
Treasury;
(6) the William D. Ford Federal Direct Loan Program under
part D of such title IV shall be transferred to the Department
of the Treasury;
(7) the Federal Perkins Loans Program under part E of such
title IV shall be transferred to the Department of the
Treasury;
(8) the activities described in part F, G, or H of title IV
that are carried out by the Department of Education shall be
transferred so as to be carried out by the Department of
Treasury;
(9) the Health Education Assistance Loan program under
title VII of the Public Health Service Act (42 U.S.C. 292 et
seq.) shall be transferred to the Department of Treasury; and
(10) the programs under the Education Sciences Reform Act
of 2002 (20 U.S.C. 9501 et seq.) and the Educational Technical
Assistance Act of 2002 (20 U.S.C. 9601 et seq.) shall be
transferred to the Department of the Treasury.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
SEC. 4. BLOCK GRANTS TO STATES.
(a) Elementary and Secondary Education State Block Grant Program.--
(1) In general.--The Secretary of the Treasury shall carry
out a program under which the Secretary makes allocations to
States to support elementary and secondary education, including
career and technical education.
(2) Allocations to states.--The allocations made by the
Secretary of Treasury to each State under this subsection for a
fiscal year shall be in an amount that bears the same
relationship to the amount appropriated to carry out this
subsection for the fiscal year as the number of students in
kindergarten through grade 12 who were enrolled in public,
private, and home schools in the State for the previous fiscal
year bears to the number of such students in all States for the
previous fiscal year.
(3) Use of funds.--A State that receives an allocation
under this subsection shall use such funding for any purpose
relating to early childhood, elementary, or secondary
education.
(b) Postsecondary Education State Block Grant Program.--
(1) In general.--The Secretary of the Treasury shall carry
out a program under which the Secretary makes allocations to
States to support postsecondary education.
(2) Allocations to states.--The allocations made by the
Secretary of Treasury to each State under this subsection for a
fiscal year shall be in an amount that bears the same
relationship to the amount appropriated to carry out this
subsection for the fiscal year as the number of students who
were enrolled in postsecondary educational institutions in the
State for the previous fiscal year bears to the number of such
students in all States for the previous fiscal year.
(c) Block Grant Conditions.--As a condition of receiving a block
grant under this subsection, a State shall provide the Secretary of
Treasury with an assurance that the State will carry out each of the
following:
(1) Submitting student data to the Secretary of Treasury,
annually, as requested by the Secretary of Treasury and as
necessary for executing the program under this section.
(2) Completing of annual audits that conform to generally
accepted accounting principles, auditing procedures, and
safeguarding of funds that conform to chapter 75 of title 31,
United States Code (commonly known as the ``Single Audit Act of
1984'') and submitting the results of such audits to the
Secretary of Treasury.
(3) Complying with all applicable Federal civil rights
laws, including those described in section 5.
(d) Misused or Misappropriated Funds.--If the Secretary of Treasury
finds that any funds under this section have been misused or
misappropriated by the State, the Secretary of the Treasury--
(1) may require repayment of the misused funds and withhold
Federal funds under this section for the next fiscal year; or
(2) may reach a voluntary resolution agreement with that
State.
(e) Definitions.--In this section--
(1) the term ``State'' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and each
of the outlying areas; and
(2) the term ``outlying area'' means American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and the
United States Virgin Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
SEC. 5. CIVIL RIGHTS LAWS.
The Civil Rights Division of the Department of Justice shall be
responsible for receiving complaints and otherwise enforcing and
carrying out Federal civil rights laws that are applicable to the grant
programs under section 4 and the programs described in paragraphs (4)
through (7) of section 3, including--
(1) section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794);
(2) title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.); or
(3) title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
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