S. 1402

112 S1402 IS: Returning Education to Our States Act
 U.S. Senate
 2025-04-09
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 1402  IN THE SENATE OF THE UNITED STATES   April 9, 2025   Mr. Rounds  (for himself,  Mr. Banks , and  Mr. Sheehy ) 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.
1.
Short title
This Act may be cited as the   Returning Education to Our States Act  .
2.
Abolishment of the Department of Education
(a)
Termination
Effective on the date that is 1 year after the date of enactment of this Act, the Department of Education is hereby terminated.
(b)
Repeal
Effective on the date that is 1 year after the date of enactment of this Act, the Department of Education Organization Act ( 20 U.S.C. 3401 et seq. ) is repealed.
3.
General Education Provisions Act; FERPA
(a)
Repeal of GEPA
Effective on the date that is 1 year after the date of enactment of this Act, all sections of the General Education Provision Act ( 20 U.S.C. 1221 et seq. ) are repealed, except for section 400, section 444 ( 20 U.S.C. 1232g , commonly known as the “Family Educational Rights and Privacy Act of 1974”), and section 460 of such Act.
(b)
Applicability of FERPA
Section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the  Family Educational Rights and Privacy Act of 1974 ) shall apply to each program under section 102 and 203 and each program that was an applicable program under such Act as of the day before the effective date of this Act and has been transferred to another Department under this Act, except that references to the Secretary of Education or the Department of Education in such section shall be deemed to refer to the Secretary or department that has administrative responsibility for such program.
4.
Transfer of Civil Rights Enforcement
Effective on the date that is 1 year after the date of enactment of this Act, the Office of Civil Rights of the Department of Education shall be abolished, and 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 program under section 102 and 203 and the programs that are transferred from the Department of Education to other Departments under this Act, 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. );
(3)
title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ); or
(4)
the Age Discrimination Act of 1975 ( 42 U.S.C. 6101 et seq. ).
I
Elementary and Secondary Education
101.
Elementary and Secondary Education Act programs
(a)
Functions transferred to the Department of Interior
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of the Interior the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education—
(1)
that are carried out by the Office of Indian Education of the Department of Education;
(2)
under the Native American and Alaska Native Children in School Program authorized under subpart 1 of part A of title III of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6821 et seq. ); and
(3)
under title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7401 et seq. ).
(b)
Functions transferred to the Department of Defense
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of Defense the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under title VII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7701 et seq. ).
102.
Elementary and secondary education State block grant programs
(a)
In General
Beginning 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall carry out 2 programs under which the Secretary of Health and Human Services makes allocations to States to support early childhood, elementary, and secondary education, including career and technical education.
(b)
Allocations to States with amounts equal to Title I
In addition to allocations under subsection (c), from amounts made available to carry out this subsection for a fiscal year, the Secretary of Health and Human Services shall allot to each State an amount that is equal to the amount that the State would have received for that fiscal year under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) as in effect on the day before the date of enactment of this Act.
(c)
Allocations to States with other amounts
In addition to allocations under subsection (b), the Secretary of Health and Human Services shall carry out the following:
(1)
Reservation of funds
From the total amount appropriated to carry out this subsection for a fiscal year, the Secretary of Health and Human Services shall reserve—
(A)
one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this title;
(B)
one-half of 1 percent for the Secretary of the Interior for programs under this section in schools operated or funded by the Bureau of Indian Education; and
(C)
1 percent for the Secretary of Health and Human Services for the administrative costs of carrying out this subsection and for providing technical assistance.
(2)
State allotments
(A)
In general
Subject to subparagraphs (B) and (C), from the amount appropriated to carry out this subsection that remains after the Secretary of Health and Human Services makes the reservations under paragraph (1), the Secretary of Health and Human Services shall allot to each State, an amount that bears the same relationship to the remainder as the number of individuals aged 5 through 17 in the State, as determined by the Secretary of Health and Human Services on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined.
(B)
Small state minimum
No State receiving an allotment under this subsection shall receive less than one-half of 1 percent of the total amount allotted under this subsection.
(C)
Puerto rico
The amount allotted under this subsection to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under this subsection.
(d)
Use of funds
A State that receives an allocation under subsection (b) or subsection (c), or both subsections, shall use such funding for any purpose relating to early childhood, elementary, or secondary education, including career and technical education.
(e)
Block grant conditions
As a condition of receiving an allocation under this section, a State shall provide the Secretary of Health and Human Services with an assurance that the State will carry out each of the following:
(1)
Submitting student data to the Secretary of Health and Human Services, annually, as requested by the Secretary of Health and Human Services 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 Health and Human Services.
(3)
Complying with all applicable Federal civil rights laws, including those described in section 4.
(f)
Misused or misappropriated funds
If the Secretary of Health and Human Services finds that any funds under this section have been misused or misappropriated by the State, the Secretary of Health and Human Services—
(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.
(g)
Application of FERPA
Section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the  Family Educational Rights and Privacy Act of 1974 ) shall apply to the program under this section, except that references to the Secretary of Education or the Department of Education in such section shall be deemed to refer to the Secretary of Health and Human Services or the Department of Health and Human Services.
(h)
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, the United States Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
(i)
Authorization of appropriations
There are authorized to be appropriated to carry out this section such sums as may be necessary.
II
Higher education
201.
Student financial assistance
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of the Treasury the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ).
202.
Health Education Assistance Loan Program
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of the Treasury the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under the Health Education Assistance Loan program under title VII of the Public Health Service Act ( 42 U.S.C. 292 et seq. ).
203.
Postsecondary education state block grant program
(a)
In general
The Secretary of the Treasury shall carry out a program under which the Secretary makes allocations to States to support postsecondary education.
(b)
Allocations to states
The allocations made by the Secretary of Treasury to each State under this section for a fiscal year shall be in an amount that bears the same relationship to the amount appropriated to carry out this section 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 section, 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 4.
(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.
III
Other laws
301.
Education Sciences Reform and Related Laws
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of the Treasury the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under—
(1)
the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9501 et seq. );
(2)
the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9601 et seq. ); and
(3)
the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9621 et seq. ).
302.
Carl D. Perkins Career and Technical Education Act of 2006
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of Labor the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ).
303.
Adult Education and Family Literacy
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of Labor the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under the Adult Education and Family Literacy Act (title II of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3271 et seq. )).
304.
IDEA
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of Health and Human Services the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ).
305.
Vocational Rehabilitation State Grants and other activities under the Rehabilitation Act of 1973
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of Labor the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under—
(1)
title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ); and
(2)
other provisions of the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) (including those of the Department of Education under titles III, IV, V, VI, and chapter 2 of title VII of that Act).
306.
Education of the Deaf Act of 1986
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of Labor the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under the Education of the Deaf Act of 1986 ( 20 U.S.C. 4301 et seq. ).
307.
Randolph-Sheppard Act
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of Labor the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under the Act entitled  An Act to authorize the operation of stands in Federal buildings by blind persons, to enlarge the economic opportunities of the blind, and for other purposes , approved June 20, 1936 ( 20 U.S.C. 107 et seq. )(commonly referred to as the  Randolph-Sheppard Act ).
308.
Helen Keller National Center Act
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of Labor the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under the Helen Keller National Center Act ( 29 U.S.C. 1901 et seq. ).
309.
Special Olympics Sport and Empowerment Act of 2004
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of Health and Human Services the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under the Special Olympics Sport and Empowerment Act of 2004 ( Public Law 108–406 ).
310.
Education of the Blind
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of Health and Human Services the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under the Act to Promote the Education of the Blind of March 3, 1879.
311.
SOAR Act
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of Health and Human Services the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under the Scholarships for Opportunity and Results Act (division C of  Public Law 112–10 ; 125 Stat. 199).
312.
McKinney-Vento Homeless Assistance Act
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of Health and Human Services the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11421 et seq. ).
313.
Fulbright-Hays
Effective on the date that is 1 year after the date of enactment of this Act, there shall be transferred to the Department of State the functions, programs, authorities, personnel, assets, and liabilities of the programs and activities of the Department of Education, and the functions and authorities vested in the Secretary of Education, under the Fulbright-Hays Program authorized under section 102 of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2452 ).
IV
Transition provisions
401.
Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out the transfer of functions authorized under this Act, which shall be available to be expended until the date that is 180 days after the date of enactment of this Act.
402.
Reorganization plan
(a)
Submission of plan
(1)
In general
Not later than 120 days after the date of the enactment of this Act, the President shall transmit to Congress a reorganization plan regarding the following:
(A)
The transfer of functions, personnel, assets, and liabilities in accordance with this Act.
(B)
Any consolidation, reorganization, or streamlining of functions transferred under this Act.
(C)
Any efficiencies or cost savings achieved or additional costs incurred as a result of the transfer of functions, personnel, assets, and liabilities under this Act, including reductions in unnecessary or duplicative operations, assets, and personnel.
(2)
Consultation
Not later than 30 days before the date on which the plan is transmitted pursuant to this subsection, the President shall consult with the Congress on such plan.
(b)
Modification of plan
The President shall consult with Congress before making any material modification or revision to the plan before the plan becomes effective in accordance with subsection (c).
(c)
Effective date
(1)
In general
The reorganization plan described in this section, including any modifications or revisions of the plan under subsection (b), shall become effective on the date specified in the plan (or the plan as modified pursuant to subsection (b)), except that such date may not be earlier than 90 days after the date the President has transmitted the reorganization plan to Congress pursuant to subsection (a).
(2)
Statutory construction
Nothing in this subsection may be construed to require the transfer of functions, personnel, records, balances of appropriations, or other assets of an agency on a single date.
403.
Transitional authorities
(a)
Provision of assistance by officials
Until the transfer of functions required under this Act, any official having authority over, or functions relating to, the Department of Education on the day before the date of the enactment of this Act shall provide to the relevant Department to which such functions are transferred under this Act (referred to in this Act as the  recipient Department ) such assistance, including the use of personnel and assets, as the recipient Department may request in preparing for the transfer and integration of the relevant functions.
(b)
Services and personnel
During the transition period, upon the request of the receiving Department, the Secretary of Education may, on a reimbursable or non-reimbursable basis, provide services or detail personnel to assist with the transition.
(c)
Transfer of personnel, assets, obligations, and functions
Upon the transfer of functions under this Act—
(1)
the personnel, assets, and liabilities held by or available in connection with such functions at the Department of Education shall be transferred to the recipient Department for appropriate allocation, subject to the approval of the Director of the Office of Management and Budget and in accordance with section 1531(a)(2) of title 31, United States Code; and
(2)
the recipient Department shall have all functions—
(A)
relating to the transferred functions that any other official could by law exercise in relation to those functions immediately before such transfer; and
(B)
vested in the recipient Department by law.
404.
Savings provisions
(a)
Completed administrative actions
(1)
In general
Completed administrative actions of the Department of Education shall not be affected by the enactment of this Act or the transfer of the functions of the Department of Education under this Act, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law.
(2)
Completed administrative action defined
In this subsection, the term  completed administrative action  includes orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, policies, licenses, registrations, and privileges.
(b)
Pending proceedings
(1)
In general
Pending proceedings of the Department of Education that apply to a function that is transferred to another Federal Department under this Act, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue notwithstanding the enactment of this Act or the transfer of those functions under this Act, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance could have occurred if such enactment or transfer had not occurred.
(2)
Orders
Orders issued in proceedings described in paragraph (1), and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this Act had not been enacted or the functions of an agency had not been transferred, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law.
(c)
Pending civil actions
Pending civil actions relating to a function that is transferred to another Federal Department under this Act shall continue notwithstanding the enactment of this Act or the transfer of the functions of an agency under this Act, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment or transfer had not occurred.
(d)
References
References relating to the Department of Education that are relevant to functions that are transferred to another Federal Department under this Act in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede such transfer or the date of the enactment of this Act shall be deemed to refer, as appropriate, to the recipient Department, to its officers, employees, or agents, or to its corresponding organizational units or functions. Statutory reporting requirements that applied in relation to the Department of Education relating to a function that is transferred to another Federal Department under this Act immediately before the effective date of this Act shall continue to apply following such transfer if they refer to the Department of Education.
(e)
Employment provisions
(1)
Regulations
The recipient Department may, in regulations prescribed jointly with the Director of the Office of Personnel Management, adopt the rules, procedures, terms, and conditions, established by statute, rule, or regulation before the date of the enactment of this Act, relating to employment in the Department of Education relevant to functions transferred under this Act.
(2)
Effect of transfer on conditions of employment
Except as otherwise provided in this Act, or under authority granted by this Act, the transfer pursuant to this Act of personnel shall not alter the terms and conditions of employment, including compensation, of any employee so transferred.
(f)
Statutory reporting requirements
Any statutory reporting requirement that applied to the Department of Education relevant to functions that are transferred under this Act immediately before the date of the enactment of this Act shall continue to apply following that transfer if the statutory requirement refers to the Department of Education.
405.
Other terminations
Except as otherwise provided in this Act, whenever all the functions vested by law in the Department of Education have been transferred or terminated pursuant to this Act, each position and office the incumbent of which was authorized to receive compensation at the rates prescribed for an office or position at level II, III, IV, or V of the Executive Schedule under subchapter II of  chapter 53  of title 5, United States Code, shall terminate.
406.
Incidental transfers
The Director of the Office of Management and Budget, in consultation with the recipient Department, is authorized and directed to make such additional incidental dispositions of personnel, assets, and liabilities held, used, arising from, available, or to be made available, in connection with the functions transferred by this Act, as the Director may determine necessary to accomplish the purposes of this Act.
407.
References
With respect to any function transferred under this Act (including under a reorganization plan under section 402) and exercised on or after the date of the enactment of this Act, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the recipient Department or official or component of the recipient Department to which that function is so transferred.