I 
117TH CONGRESS 
1ST SESSION H. R. 2106 
To provide for the elimination of the Department of Education, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 19, 2021 
Mr. ROUZER (for himself and Mr. STEUBE) introduced the following bill; 
which was referred to the Committee on Education and Labor 
A BILL 
To provide for the elimination of the Department of 
Education, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘States’ Education Rec-
lamation Act of 2021’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Principles of federalism embodied in the 
Constitution of the United States entrust authority 
over issues of educational policy to the States and 
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
the people and a Federal Department of Education 
is inconsistent with such principles. 
(2) Tradition and experience dictate that the 
governance and management of schools in the 
United States are best performed by parents, teach-
ers, and communities. 
(3) The education of the Nation’s students is 
suffering under a managerial government. 
(4) The Department of Education has weak-
ened the ability of parents to make essential deci-
sions about their children’s education and has un-
dermined the capacity of communities to govern 
their schools. 
(5) In the 41 years of its existence, the Depart-
ment of Education has grown from a budget of $14 
billion to almost $73.5 billion in annual discre-
tionary appropriations administering around 100 
programs. Meanwhile, education performance for 17- 
year-olds has stagnated since 1971. 
(6) The Department of Education has fostered 
over-regulation, standardization, bureaucratization, 
and litigation in United States education. 
(7) The Department of Education expends 
large amounts of money on its own maintenance and 
overhead. While the average national salary for pub-
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
lic school teachers is $61,730 the average salary for 
a Department of Education employee is $112,724. 
(8) In certain States, the average State salary 
for a public school teacher is less than the national 
average. In North Carolina, the average salary for a 
public school teacher is $53,975. 
(9) Recent tests reflect poor results in mathe-
matics, science, and reading for American students 
compared with students from other nations. 
(10) Only through initiatives led by parents and 
local communities with the power to act can the 
United States elevate educational performance to-
ward an acceptable level. 
(11) The current system of top-down education 
uniformity is detrimental to local businesses and 
communities, the economic needs of the States, and 
the Nation’s ability to compete globally for jobs. 
(12) The Department of Education has been 
hostile to many promising reforms, including re-
forms that would empower parents, teachers, and 
local communities. The United States, once a labora-
tory of innovation through the experiments of the 
States, is moving toward education standardization 
that does not consider the individual educational 
needs of our diverse population of students. 
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
SEC. 3. ABOLITION OF DEPARTMENT OF EDUCATION. 
The Department of Education is abolished, and, with 
the exception of the programs transferred under section 
7, any program for which the Secretary of Education or 
the Department of Education has administrative responsi-
bility as provided by law or by delegation of authority pur-
suant 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. 4. GRANTS TO STATES FOR ELEMENTARY AND SEC-
ONDARY AND FOR POSTSECONDARY EDU-
CATION PROGRAMS. 
(a) IN GENERAL.—Subject to the requirements of 
this Act, each State is entitled to receive from the Sec-
retary of the Treasury, by not later than July 1 of the 
preceding fiscal year— 
(1) a grant for fiscal year 2021 and each suc-
ceeding fiscal year through fiscal year 2029, that is 
equal to the amount of funds appropriated for the 
State for Federal elementary school and secondary 
school programs for fiscal year 2021 (except for the 
funds appropriated for fiscal year 2021 for such pro-
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
(e) USE OF FUNDS.—Funds made available to a 
State— 
(1) under subsection (a)(1), shall be used by 
the State for any elementary or secondary education 
purpose permitted by State law, including increases 
in teacher salaries; and 
(2) under subsection (a)(2), shall be used by 
the State for any postsecondary education purpose 
permitted by State law. 
(f) SUPPLEMENT, NOT SUPPLANT.—A grant received 
under subsection (a) shall only be used to supplement the 
amount of funds that would, in the absence of such grant, 
be made available from non-Federal sources for elemen-
tary school and secondary school programs or postsec-
ondary education programs, and not to supplant those 
funds. 
SEC. 5. ADMINISTRATIVE AND FISCAL ACCOUNTABILITY. 
(a) AUDITS.— 
(1) CONTRACT WITH APPROVED AUDITING EN-
TITY.—Not later than October 1, 2021, and annu-
ally thereafter, a State shall contract with an ap-
proved auditing entity (as defined under paragraph 
(3)(B)) for purposes of conducting an audit under 
paragraph (2) (with respect to the fiscal year ending 
September 30 of such year). 
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
(2) AUDIT REQUIREMENT.—Under a contract 
under paragraph (1), an approved auditing entity 
shall conduct an audit of the expenditures or trans-
fers made by a State from amounts received under 
a grant under section 4, with respect to the fiscal 
year which such audit covers, to determine the ex-
tent to which such expenditures and transfers were 
expended in accordance with section 4. 
(3) ENTITY CONDUCTING AUDIT.— 
(A) IN
GENERAL.—With respect to a 
State, the audit under paragraph (2) shall be 
conducted by an approved auditing entity in ac-
cordance with generally accepted auditing prin-
ciples. 
(B) APPROVED
AUDITING
ENTITY.—For 
purposes of this section, the term ‘‘approved 
auditing entity’’ means, with respect to a State, 
an entity that is— 
(i) approved by the Secretary of the 
Treasury; 
(ii) approved by the chief executive of-
ficer of the State; and 
(iii) independent of any Federal, 
State, or local agency. 
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
(4) SUBMISSION
OF
AUDIT.—Not later than 
April 30, 2022, and annually thereafter, a State 
shall submit the results of the audit under para-
graph (2) (with respect to the fiscal year ending on 
September 30 of such year) to the State legislature 
and to the Secretary of the Treasury. 
(b) REIMBURSEMENT AND PENALTY.—If, through an 
audit conducted under subsection (a), an approved audit-
ing entity finds that a State violated the requirements of 
subsection (d) or (e) of section 4, the State shall pay to 
the Treasury of the United States 100 percent of the 
amount of State funds that were used in violation of sec-
tion 4 as a penalty. Insofar as a State fails to pay any 
such penalty, the Secretary of the Treasury shall offset 
the amount not so paid against the amount of any grant 
otherwise payable to the State under this Act. 
(c) ANNUAL REPORTING REQUIREMENTS.— 
(1) IN GENERAL.—Not later than January 31, 
2022, and annually thereafter, each State shall sub-
mit to the Secretary of the Treasury and the State 
legislature a report on the activities carried out by 
the State during the most recently completed fiscal 
year with funds received by the State under a grant 
under section 4 for such fiscal year. 
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
(2) CONTENT.—A report under paragraph (1) 
shall, with respect to a fiscal year— 
(A) contain the results of the audit con-
ducted by an approved auditing entity for a 
State for such fiscal year, in accordance with 
the requirements of subsection (a) of this sec-
tion; 
(B) specify the amount of the grant made 
to the State under section 4; and 
(C) be in such form and contain such other 
information as the State determines is nec-
essary to provide— 
(i) an accurate description of the ac-
tivities conducted by the State for the pur-
pose described under section 4; and 
(ii) a complete record of the purposes 
for which amounts were expended in ac-
cordance with this section. 
(3) PUBLIC AVAILABILITY.—A State shall make 
copies of the reports required under this section 
available on a public website and shall make copies 
available in other formats upon request. 
(d) FAILURE TO COMPLY WITH REQUIREMENTS.— 
The Secretary of the Treasury shall not make any pay-
ment to a State under a grant authorized by section 4— 
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
(1) if an audit for a State is not submitted as 
required under subsection (a) during the period be-
tween the date such audit is due and the date on 
which such audit is submitted; 
(2) if a State fails to submit a report as re-
quired under subsection (c) during the period be-
tween the date such report is due and the date on 
which such report is submitted; or 
(3) if a State violates a requirement of section 
4 during the period beginning on the date the Sec-
retary becomes aware of such violation and the date 
on which such violation is corrected by the State. 
(e) ADMINISTRATIVE
SUPERVISION
AND
OVER-
SIGHT.— 
(1) LIMITED ROLE FOR SECRETARY OF THE 
TREASURY.—The authority of the Secretary of the 
Treasury under this Act is limited to— 
(A) 
promulgating 
regulations, 
issuing 
rules, or publishing guidance documents to the 
extent necessary for purposes of implementing 
subsection (a)(3)(B), subsection (b), and sub-
section (d); 
(B) making payments to the States under 
grants under section 4; 
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
(C) approving entities under subsection 
(a)(3)(B) for purposes of the audits required 
under subsection (a); 
(D) withholding payment to a State of a 
grant under subsection (d) or offsetting a pay-
ment of such a grant to a State under sub-
section (b); and 
(E) exercising the authority relating to 
nondiscrimination that is specified in section 
6(b). 
(2) LIMITED ROLE FOR ATTORNEY GENERAL.— 
The authority of the Attorney General to supervise 
the amounts received by a State under section 4 is 
limited to the authority under section 6(b). 
(f) RESERVATION OF STATE POWERS.—Nothing in 
this section shall be construed to limit the power of a 
State, including the power of a State to pursue civil and 
criminal penalties under State law against any individual 
or entity that misuses, or engages in fraud or abuse re-
lated to, the funds provided to a State under section 4. 
SEC. 6. NONDISCRIMINATION PROVISIONS. 
(a) NO DISCRIMINATION AGAINST INDIVIDUALS.— 
No individual shall be excluded from participation in, de-
nied the benefits of, or subjected to discrimination under, 
any program or activity funded in whole or in part with 
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
amounts paid to a State under section 4 on the basis of 
such individual’s— 
(1) disability under section 504 of the Rehabili-
tation Act of 1973 (29 U.S.C. 794); 
(2) sex under title IX of the Education Amend-
ments of 1972 (20 U.S.C. 1681 et seq.); or 
(3) race, color, or national origin under title VI 
of the Civil Rights Act of 1964 (42 U.S.C. 2000d 
et seq.). 
(b) COMPLIANCE.— 
(1) IN GENERAL.—If the Attorney General de-
termines that a State or an entity that has received 
funds from amounts paid to a State under a grant 
under section 4 has failed to comply with a provision 
of law referred to in subsection (a), the Secretary of 
the Treasury shall notify the chief executive officer 
of the State of such failure to comply and shall re-
quest that such chief executive officer secure such 
compliance. 
(2) ENFORCEMENT.—If, not later than 60 days 
after receiving notification under paragraph (1), the 
chief executive officer of a State fails or refuses to 
secure compliance with the provision of law referred 
to in such notification, the Attorney General may— 
(A) institute an appropriate civil action; or 
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
(B) exercise the powers and functions pro-
vided under section 505 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794a), title IX of the 
Education Amendments of 1972 (20 U.S.C. 
1681 et seq.), or title VI of the Civil Rights Act 
of 1964 (42 U.S.C. 2000d et seq.) (as applica-
ble). 
SEC. 7. TRANSFER OF CERTAIN DEPARTMENT OF EDU-
CATION PROGRAMS. 
(a) TRANSFER OF CERTAIN PROGRAMS.—Not later 
than 24 months after the date of the enactment of this 
Act— 
(1) each job training program under the juris-
diction of the Department of Education, including 
the Carl D. Perkins Career and Technical Education 
Act of 2006 (20 U.S.C. 2301 et seq.), shall be trans-
ferred to the Department of Labor; 
(2) each special education grant program under 
the Individuals with Disabilities Education Act (20 
U.S.C. 1460 et seq.) shall be transferred to the De-
partment of Health and Human Services; 
(3) each Indian education program under the 
jurisdiction of the Department of Education shall be 
transferred to the Department of the Interior; 
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
(4) 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 Defense; 
(5) 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; 
(6) each Federal student loan program under 
the jurisdiction of the Department of Education 
shall be transferred to the Department of the Treas-
ury; 
(7) each program under the jurisdiction of the 
Institute of Education Sciences shall be transferred 
to the Department of Health and Human Services; 
and 
(8) each program under the jurisdiction of the 
D.C. Opportunity Scholarship Program shall be 
transferred to the Department of Health and 
Human Services. 
(b) LIMITATION ON TRANSFER OF CERTAIN PRO-
GRAMS.—The transfer of programs pursuant to subsection 
(a) is limited to only the transfer of administrative respon-
sibility as provided by law or the delegation of authority 
pursuant to law and does not extend to the transfer of 
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
personnel employed by the Department of Education to 
carry out such programs. 
SEC. 8. GAO REPORT. 
Not later than 90 days after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the Committee on Education and 
Labor of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate 
report, which shall include— 
(1) a review and evaluation as to the feasibility 
of enhancing the ability of States and local commu-
nities to fund education by reducing the Federal tax 
burden and commensurately eliminating Federal 
Government involvement in providing grants for edu-
cation programs; and 
(2) an evaluation of the feasibility of the suc-
cessor Federal agencies for maintaining the pro-
grams to be transferred under section 7. 
SEC. 9. PLAN FOR CLOSURE OF THE DEPARTMENT OF EDU-
CATION. 
Not later than 365 days after the date of the enact-
ment of this Act, the President shall submit to the Con-
gress a plan to implement closure of the Department of 
Education in accordance with this Act. 
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS
SEC. 10. DEFINITIONS. 
In this Act: 
(1) 
ELEMENTARY
SCHOOL; 
SECONDARY 
SCHOOL.—The terms ‘‘elementary school’’ and ‘‘sec-
ondary school’’ have the meanings given the terms 
in section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 9101). 
(2) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 102 of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 1002). 
(3) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 103 of the Higher 
Education Act of 1965 (20 U.S.C. 1003). 
Æ 
VerDate Sep 11 2014 
04:54 May 19, 2021
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6301
E:\BILLS\H2106.IH
H2106
kjohnson on DSK79L0C42PROD with BILLS