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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5384 Introduced in Senate (IS)]

<DOC>

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authority pursuant to law is repealed, including each program under the 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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