119-hr2456

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2456 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2456

 To terminate the Department of Education, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 27, 2025

 Mr. Moran introduced the following bill; which was referred to the 
 Committee on Education and Workforce

_______________________________________________________________________

 A BILL

 To terminate 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 ``Orderly Liquidation of the 
Department of Education Act''.

SEC. 2. FINDINGS; PURPOSES.

    (a) 

=== Findings ===
-Congress finds the following:

    (1) The Department of Education has existed for 45 years 
 but despite its existence, education in the United States has 
 not improved.

    (2) The Department of Education has failed ``to supplement 
 and complement the efforts of States, the local school systems 
 and other instrumentalities of the States'' in order to improve 
 the quality of education as outlined in 

section 102

    (2) of the 
 Department of Education Organization Act (20 U.S.C. 3402

    (2) ).

    (3) The Department of Education has continued to promote 
 policies that strip local elected officials, educators, and 
 parents of the ability to direct the education of children.

    (b) 

=== Purposes ===
-The purposes of this Act are the following:

    (1) To orderly liquidate the Department of Education.

    (2) To return the responsibility and authority of educating 
 students to States and local communities.

    (3) To ensure that the Federal government does not continue 
 to place unnecessary and restrictive regulation on those tasked 
 with educating children.

SEC. 3. OFFICE OF EDUCATION.

    (a) In General.--The Public Health Service Act (42 U.S.C. 201 et 
seq.) is amended by adding at the end the following:

 ``TITLE XXXIV--OFFICE OF EDUCATION

``

SEC. 3401. OFFICE OF EDUCATION.

 ``

    (a) In General.--There shall be in the Department of Health and 
Human Services an Office of Education (referred to in this section as 
`the Office').
 ``

    (b) Director.--The Office shall be under the direction and 
supervision of the Director of Education (referred to in this section 
as the `Director'), who shall be appointed by the President and who 
shall report directly to the Secretary of Health and Human Services.
 ``
            (c) Assistant Director of K-12 Education.--The Director shall 
appoint an Assistant Director of K-12 Education who shall administer 
such functions affecting elementary and secondary education as the 
Director shall delegate.
 ``
            (d) Assistant Director of Higher Education.--The Director shall 
appoint an Assistant Director of Higher Education who shall administer 
such functions affecting postsecondary education as the Director shall 
delegate.''.

    (b) Effective Date.--The amendment made by this section shall take 
effect on the date that the President implements the plan required 
under 

section 4

    (b)

    (1) .

SEC. 4. ORDERLY LIQUIDATION OF DEPARTMENT OF EDUCATION.

    (a) Termination of Department of Education.--Effective on October 
1, 2026, the Department of Education is terminated, and, with the 
exception of functions transferred under this Act, any function 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.

    (b) Liquidation Plan.--

    (1) In general.--Not later than 180 days after the date of 
 enactment of this Act, the President shall develop and 
 implement a plan to orderly liquidate the Department of 
 Education.

    (2) Consultation.--Not later than 15 days before the date 
 on which the plan required under paragraph

    (1) is implemented, 
 the President shall consult with the appropriate congressional 
 committees on such plan.

    (3) Plan elements.--The plan required under paragraph

    (1) shall contain, in accordance with subsection

    (a) , such elements 
 as the President deems appropriate, including the following:
        (A) Specification of the steps to be taken to 
 terminate functions of the Department of Education in 
 accordance with subsection

    (a) .
        (B) Specification of the steps to be taken to 
 transfer administrative responsibility of certain 
 Department of Education functions to other entities in 
 accordance with 

section 5.
            (C) Specification of the steps to be taken to 
 transfer the Institute of Education Science to the 
 Office of Education of the Department of Health and 
 Human Services in accordance with 

section 8.
            (D) Specification of the steps to be taken to 
 transfer the Office for Civil Rights of the Department 
 of Education to the Department of Justice in accordance 
 with 

section 9.
        (E) Specification of the funds available to each 
 entity assuming administrative responsibilities 
 transferred in accordance with 

section 5 to carry out 
 such administrative responsibilities, in accordance 
 with the provisions of 

section 1531 of title 31, United 
 States Code.
        (F) Specification of the proposed allocation of any 
 unexpended funds resulting from the termination of the 
 Department of Education.
        (G) Specification of the proposed disposition of 
 property, facilities, contracts, records, and other 
 assets and obligations of the Department of Education.
            (c) Secretary of Education Responsibilities.--The Secretary of 
Education shall, in accordance with the plan required under subsection

    (b)

    (1) , take any actions as may be necessary to conclude any 
outstanding affairs of the Department of Education before October 1, 
2026.
            (d) Director of Education Responsibilities.--The Director of 
Education of the Office of Education of the Department of Health and 
Human Services shall assist with implementing the plan required under 
subsection

    (b)

    (1) .

SEC. 5. TRANSFER OF CERTAIN DEPARTMENT OF EDUCATION FUNCTIONS.

    (a) Transfers to Director of Education.--In accordance with the 
plan required under 

section 4

    (b)

    (1) , and not later than October 1, 
2026, the Secretary of Education shall transfer to the Director of 
Education of the Office of Education of the Department of Health and 
Human Services the following functions:

    (1) Authority granted to the Secretary of Education by the 
 Act entitled ``An Act to Promote the Education of the Blind'', 
 approved March 3, 1879 (20 U.S.C. 101 et seq.).

    (2) The Honorable Augustus F. Hawkins Center of Excellence 
 program under subpart 2 of part B of title II of the Higher 
 Education Act of 1965 (20 U.S.C. 1033-1033a).

    (3) Each program under subpart 2 of part A of title IV of 
 the Higher Education Act of 1965 (20 U.S.C. 1070a-11 et seq.).

    (4) Functions under part B of title VII of the Higher 
 Education Act of 1965 (20 U.S.C. 1138 et seq.).

    (5) Grants under 

section 619 of the Individuals with 
 Disabilities Education Act (20 U.S.C. 1419).

    (6) The Program for Infants and Toddlers with Disabilities 
 under part C of the Individuals with Disabilities Education Act 
 (20 U.S.C. 1431 et seq.).

    (7) The State Personnel Development Grants program under 
 subpart 1 of part D of the Individuals with Disabilities 
 Education Act (20 U.S.C. 1451 et seq.).

    (8) Grants under 

section 662 of the Individuals with 
 Disabilities Education Act (20 U.S.C. 1462).

    (9) The Helen Keller National Center for Youths and Adults 
 who are Deaf-Blind under the Helen Keller National Center Act 
 (20 U.S.C. 1901 et seq.).

    (10) Grants under part A of title I the Elementary and 
 Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).

    (11) Each program under part D of title I of the Elementary 
 and Secondary Education Act of 1965 (20 U.S.C. 6421 et seq.).

    (12) The Student Support and Academic Enrichment program 
 under part A of title IV of the Elementary and Secondary 
 Education Act of 1965 (20 U.S.C. 7101 et seq.).

    (13) The 21st Century Community Learning Centers program 
 under part B of title IV of the Elementary and Secondary 
 Education Act of 1965 (20 U.S.C. 7171 et seq.).

    (14) The Magnet Schools Assistance program under part D of 
 title IV of the Elementary and Secondary Education Act of 1965 
 (20 U.S.C. 7231 et seq.).

    (15) The Promise Neighborhoods program under subpart 2 of 
 part F of the Elementary and Secondary Education Act of 1965 
 (20 U.S.C. 7271 et seq.).

    (16) Activities carried out under 

section 4631

    (a)

    (1)
        (B) of 
 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
 7281

    (a)

    (1)
        (B) ).

    (17) The Rural Education Achievement Program under part B 
 of title V of the Elementary and Secondary Education Act of 
 1965 (20 U.S.C. 7341 et seq.).

    (18) The Preschool Development Grants program under 

section 9212 of the Every Student Succeeds Act (Public Law 114-95; 42 
 U.S.C. 9831 note).

    (19) The Education for Homeless Children and Youths program 
 under part B of title VII of the McKinney-Vento Homeless 
 Assistance Act (42 U.S.C. 11431 et seq.).

    (20) Grants under the Scholarships for Opportunity and 
 Results Act (division C of Public Law 112-10).

    (b) Transfers to National Science Foundation.--In accordance with 
the plan required under 

section 4

    (b)

    (1) , and not later than October 1, 
2026, the Secretary of Education shall transfer to the Director of the 
National Science Foundation the following functions:

    (1) Authority granted to the Secretary of Education by the 
 Act entitled ``An Act to incorporate the Howard University in 
 the District of Columbia'', approved March 2, 1867 (20 U.S.C. 
 121 et seq.).

    (2) Functions under the Howard University Endowment Act (20 
 U.S.C. 130aa et seq.).

    (3) Functions under 

section 318 of the Higher Education Act 
 of 1965 (20 U.S.C. 1059e).

    (4) Grants under 

section 323 of the Higher Education Act of 
 1965 (20 U.S.C. 1062).

    (5) Grants under 

section 326 of the Higher Education Act of 
 1965 (20 U.S.C. 1063b).

    (6) Functions under part D of title III of the Higher 
 Education Act of 1965 (20 U.S.C. 1066 et seq.).

    (7) Functions under part F of title III of the Higher 
 Education Act of 1965 (20 U.S.C. 1067q et seq.).

    (8) Grants under 

section 723 of the Higher Education Act of 
 1965 (20 U.S.C. 1136a).

    (9) Functions under part A of title I of the Education of 
 the Deaf Act of 1986 (20 U.S.C. 4301 et seq.).

    (10) Functions under part B of title I of the Education of 
 the Deaf Act of 1986 (20 U.S.C. 4331 et seq.).

    (11) Functions under title II of the Education of the Deaf 
 Act of 1986 (20 U.S.C. 4351 et seq.).
            (c) Transfers to Director of the Bureau of Indian Education.--In 
accordance with the plan required under 

section 4

    (b)

    (1) , and not later 
than October 1, 2026, the Secretary of Education shall transfer to the 
Director of the Bureau of Indian Education of the Department of the 
Interior the following functions:

    (1) Grants under 

section 316 of the Higher Education Act of 
 1965 (20 U.S.C. 1059c).

    (2) Grants under 

section 116 of the Carl D. Perkins Career 
 and Technical Education Act of 2006 (20 U.S.C. 2326).

    (3) Grants under 

section 117 of the Carl D. Perkins Career 
 and Technical Education Act of 2006 (20 U.S.C. 2327).

    (4) Grants under subpart 1 of part A of title VI of the 
 Elementary and Secondary Education Act of 1965 (20 U.S.C. 7421 
 et seq.).

    (5) Grants under subpart 2 of part A of title VI of the 
 Elementary and Secondary Education Act of 1965 (20 U.S.C. 7441 
 et seq.).
            (d) Transfers to Secretary of the Treasury.--In accordance with the 
plan required under 

section 4

    (b)

    (1) , and not later than October 1, 
2026, the Secretary of Education shall transfer to the Secretary of the 
Treasury the following functions:

    (1) Each program under subpart 1 of part A of title IV of 
 the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.).

    (2) Grants under subpart 3 of part A of title IV of the 
 Higher Education Act of 1965 (20 U.S.C. 1070b et seq.).

    (3) Grants under part C of title IV of the Higher Education 
 Act of 1965 (20 U.S.C. 1087-51 et seq.).

    (4) The William D. Ford Federal Direct Loan Program under 
 part D of title IV of the Higher Education Act of 1965 (20 
 U.S.C. 1087a et seq.).

    (e) Transfers to Secretary of Defense.--In accordance with the plan 
required under 

section 4

    (b)

    (1) , and not later than October 1, 2026, the 
Secretary of Education shall transfer to the Secretary of Defense the 
following functions:

    (1) Functions under 

section 7002 of the Elementary and 
 Secondary Education Act of 1965 (20 U.S.C. 7702).

    (2) Functions under 

section 7003 of the Elementary and 
 Secondary Education Act of 1965 (20 U.S.C. 7703).

    (3) Functions under 

section 7007 of the Elementary and 
 Secondary Education Act of 1965 (20 U.S.C. 7707).

    (4) Assistance under 

section 7008

    (a) of the Elementary and 
 Secondary Education Act of 1965 (20 U.S.C. 7708

    (a) ).

    (f) Transfers to Secretary of Labor.--In accordance with the plan 
required under 

section 4

    (b)

    (1) , and not later than October 1, 2026, the 
Secretary of Education shall transfer to the Secretary of Labor the 
following functions:

    (1) Functions under parts A and B of title I of the of the 
 Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).

    (2) Grants under 

section 303 of the Rehabilitation Act of 
 1973 (29 U.S.C. 773).

    (3) Allotments under title VI of the Rehabilitation Act of 
 1973 (29 U.S.C. 795g et seq.; also known as the ``Employment 
 Opportunities for Individuals With Disabilities Act'').

    (4) Functions under sections 111, 112, 113, 114, and 115 of 
 the Carl D. Perkins Career and Technical Education Act of 2006 
 (20 U.S.C. 2321 et seq.).

    (g) Transfer to Director of the Bureau of Indian Affairs.--In 
accordance with the plan required under 

section 4

    (b)

    (1) , and not later 
than October 1, 2026, the Secretary of Education shall transfer to the 
Director of the Bureau of Indian Affairs of the Department of the 
Interior the administration of grants under 

section 121 of the 
Rehabilitation Act of 1973 (29 U.S.C. 741).

    (h) Transfer of Preschool Development Grants Program.--In 
accordance with the plan required under 

section 4

    (b)

    (1) , and not later 
than October 1, 2026, the Secretary of Health and Human Services and 
the Secretary of Education shall transfer to the Director of Education 
the administration of the Preschool Development Grants program under 

section 9212 of the Every Student Succeeds Act (Public Law 114-95; 42 
U.S.C. 9831 note).
            (i) Limitation on Transfer of Functions.--The transfer of functions 
pursuant to this section does not extend to the transfer of personnel 
employed by the Department of Education to carry out such functions.

SEC. 6. SCHEDULED TERMINATION OF CERTAIN EDUCATION FUNDS.

 No sums may be expended after October 1, 2036, to carry out the 
following functions:

    (1) Grants under part A of title I the Elementary and 
 Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).

    (2) Each program under part D of title I of the Elementary 
 and Secondary Education Act of 1965 (20 U.S.C. 6421 et seq.).

SEC. 7. SCHEDULED TERMINATION OF FEDERAL DIRECT PLUS LOANS.

 

Section 455

    (a) of the Higher Education Act of 1965 (20 U.S.C. 
1087e) is amended by adding at the end the following:
 ``

    (4) Termination of authority to make federal direct plus 
 loans.--
 ``
        (A) In general.--Subject to subparagraph
        (B) and 
 notwithstanding any provision of this part or part B, 
 no Federal Direct PLUS Loans may be made under this 
 part for any period of instruction beginning on or 
 after October 1, 2026.
 ``
        (B) Loans made before october 1, 2026.--A 
 borrower who has not received a Federal Direct PLUS 
 Loan before the date of enactment of the Orderly 
 Liquidation of the Department of Education Act and for 
 whom a Federal Direct PLUS Loan is first disbursed for 
 any period of instruction beginning on or after such 
 date, but not later than October 1, 2026, may be 
 eligible to receive Federal Direct PLUS Loans until the 
 completion of the course of study for which such loan 
 was first disbursed or September 30, 2030, whichever 
 occurs first.''.

SEC. 8. TRANSFER OF THE INSTITUTE OF EDUCATION SCIENCE TO THE OFFICE OF 
 EDUCATION.

 Effective on October 1, 2026, there are transferred to the Office 
of Education of the Department of Health and Human Services the 
functions, personnel, and assets of the Institute of Education Science.

SEC. 9. TRANSFER OF THE OFFICE FOR CIVIL RIGHTS TO THE DEPARTMENT OF 
 JUSTICE.

 Effective on October 1, 2026, there are transferred to the 
Department of Justice the functions, personnel, and assets of the 
Office for Civil Rights of the Department of Education.

SEC. 10. OPTION TO REFUSE FEDERAL FUNDS.

 Any recipient of a grant, an allotment, or other funds provided 
pursuant to a function transferred under 

section 5 may decline to 
receive such grant, allotment, or funds.

SEC. 11. REFERENCES.

 Any reference in any other Federal law, Executive order, rule, 
regulation, or delegation of authority, or any document of or 
pertaining to a department or office from which a function is 
transferred by this Act--

    (1) to the head of such department or office is deemed to 
 refer to the head of the department or office to which such 
 function is transferred; or

    (2) to such department or office is deemed to refer to the 
 department or office to which such function is transferred.

SEC. 12. EXERCISE OF AUTHORITIES.

 Except as otherwise provided by law, an official to whom a function 
is transferred by this Act may, for purposes of performing the 
function, exercise all authorities under any other provision of law 
that were available with respect to the performance of that function to 
the official responsible for the performance of the function 
immediately before the effective date of the transfer of the function 
under this Act.

SEC. 13. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, 
certificates, licenses, and privileges--

    (1) that have been issued, made, granted, or allowed to 
 become effective by the President, the Secretary of Education, 
 or any other Government official, or by a court of competent 
 jurisdiction, in the performance of any function that is 
 transferred by this Act, and

    (2) that are in effect on the effective date of such 
 transfer (or become effective after such date pursuant to their 
 terms as in effect on such effective date),
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked in accordance with law by 
the President, any other authorized official, a court of competent 
jurisdiction, or operation of law.

    (b) Proceedings.--This Act shall not affect any proceedings or any 
application for any benefits, service, license, permit, certificate, or 
financial assistance pending on the date of enactment of this Act 
before an office transferred by this Act, but such proceedings and 
applications shall be continued. Orders shall be issued in such 
proceedings, appeals shall be taken therefrom, and payments shall be 
made pursuant to such orders, as if this Act had not been enacted, and 
orders issued in any such proceeding shall continue in effect until 
modified, terminated, superseded, or revoked by a duly authorized 
official, by a court of competent jurisdiction, or by operation of law. 
Nothing in this subsection shall be considered to prohibit the 
discontinuance or modification of any such proceeding under the same 
terms and conditions and to the same extent that such proceeding could 
have been discontinued or modified if this Act had not been enacted.
            (c) Suits.--This Act shall not affect suits commenced before the 
date of the enactment of this Act, and in all such suits, proceeding 
shall be had, appeals taken, and judgments rendered in the same manner 
and with the same effect as if this Act had not been enacted.
            (d) Nonabatement of Actions.--No suit, action, or other proceeding 
commenced by or against the Department of Education, or by or against 
any individual in the official capacity of such individual as an 
officer or employee of an office transferred by this Act, shall abate 
by reason of the enactment of this Act.

    (e) Continuance of Suits.--If any Government officer in the 
official capacity of such officer is party to a suit with respect to a 
function of the officer, and under this Act such function is 
transferred to any other officer or office, then such suit shall be 
continued with the other officer or the head of such other office, as 
applicable, substituted or added as a party.

    (f) Administrative Procedure and Judicial Review.--Except as 
otherwise provided by this Act, any statutory requirements relating to 
notice, hearings, action upon the record, or administrative or judicial 
review that apply to any function transferred by this Act shall apply 
to the exercise of such function by the head of the Federal agency, and 
other officers of the agency, to which such function is transferred by 
this Act.

SEC. 14. FUNCTION DEFINED.

 For purposes of this Act, the term ``function'' includes any duty, 
obligation, power, authority, responsibility, right, privilege, 
activity, or program.
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