“A bill to abolish the Department of Education, and for other purposes.”
No CRS summary available for this bill.
This section terminates the Department of Education and repeals the Department of Education Organization Act (20 U.S.C. 3401 et seq.), effective one year after the date of enactment.
This section repeals all sections of the General Education Provisions Act (GEPA, 20 U.S.C. 1221 et seq.), effective one year after enactment, except for sections 400, 444 (i.e., Family Educational Rights and Privacy Act of 1974 [FERPA]), and 460. (As background, GEPA contains general administrative provisions applicable to federal education programs; FERPA protects the privacy of student education records by generally requiring parental consent for disclosures.) It further applies FERPA to programs under sections 102 and 203 of this Act and to programs that were subject to GEPA as of the day before the repeal effective date and are transferred to another department under this Act, deeming references in FERPA to the Secretary of Education or Department of Education to refer to the secretary or department with administrative responsibility for such program. (Thus, FERPA privacy protections continue for student records in these programs post-transfer.)
This section abolishes the Office for Civil Rights of the Department of Education effective one year after the date of enactment. It directs the Civil Rights Division of the Department of Justice to receive complaints and enforce, for programs under sections 102 and 203 of this Act and programs transferred from the Department of Education to other departments under this Act, (1) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794; i.e., prohibiting disability discrimination in programs or activities receiving federal financial assistance), (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.), and (4) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.).
This section transfers, effective one year after enactment, the functions, programs, authorities, personnel, assets, and liabilities of specified Elementary and Secondary Education Act of 1965 (ESEA) programs from the Department of Education—(1) to the Department of the Interior for the Office of Indian Education; the Native American and Alaska Native Children in School Program under ESEA title III-A (i.e., grants to promote Native language instruction and academic achievement); and ESEA title VI (i.e., formula and competitive grants for Indian, Native Hawaiian, and Alaska Native education); and (2) to the Department of Defense for ESEA title VII (i.e., Impact Aid program providing financial assistance to local education agencies affected by federal activities such as military installations and Indian lands).
This section establishes two block grant programs administered by the Secretary of Health and Human Services (HHS) for states to support early childhood, elementary, secondary, and career and technical education, beginning one year after enactment of this Act. From funds available for one program, HHS allots to each state an amount equal to what the state received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.; i.e., formula grants primarily for local educational agencies serving disadvantaged students) as in effect on the day before enactment. From funds available for the second program, HHS (1) reserves 0.5% for the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; (2) reserves 0.5% for Bureau of Indian Education schools; and (3) reserves 1% for administration and technical assistance; HHS then allots the remainder to states based on each state's share of the national population aged 5 through 17 (using recent data), subject to a minimum of 0.5% per state and a maximum of 0.5% for Puerto Rico. States may use funds for any related education purpose; as a condition of funding, states must submit annual student data to HHS, complete audits under the Single Audit Act, and comply with applicable federal civil rights laws. HHS may require repayment of misused funds, withhold future allotments, or enter a voluntary resolution. This section applies the Family Educational Rights and Privacy Act (FERPA; 20 U.S.C. 1232g) to both programs, substituting references to the Secretary of Education or Department of Education with the Secretary or Department of Health and Human Services. In this section, "state" includes the 50 states, District of Columbia, Puerto Rico, and specified outlying areas; authorizes appropriations of such sums as necessary.
This section transfers to the Department of the Treasury, effective one year after enactment, the functions, programs, authorities, personnel, assets, and liabilities of the Department of Education's programs and activities under title IV of the Higher Education Act of 1965 (i.e., federal student financial assistance programs such as Pell Grants and Direct Loans), along with the functions and authorities vested in the Secretary of Education under that title.
This section transfers the functions, programs, authorities, personnel, assets, and liabilities of the Health Education Assistance Loan (HEAL) program from the Department of Education to the Department of the Treasury, effective one year after the date of enactment. (As background, the HEAL program provides federally insured loans to students in eligible health professions degree programs, such as medicine, osteopathic medicine, dentistry, veterinary medicine, optometry, pharmacy, and podiatric medicine.)
This section establishes a postsecondary education state block grant program under which the Secretary of the Treasury allocates appropriated funds to states—including the 50 states, the District of Columbia, Puerto Rico, and specified outlying areas (i.e., American Samoa, Guam, the Northern Mariana Islands, the U.S. Virgin Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau)—based on each state's share of national postsecondary student enrollment from the previous fiscal year. To receive funds, states must assure the Secretary of (1) annual submission of requested student data, (2) completion and submission of annual audits conforming to the Single Audit Act of 1984, and (3) compliance with applicable federal civil rights laws. If funds are misused or misappropriated, the Secretary may require repayment, withhold the state's allocation for the next fiscal year, or reach a voluntary resolution agreement. The section authorizes such sums as necessary.
This section transfers to the Department of the Treasury, effective one year after enactment, the functions, programs, authorities, personnel, assets, and liabilities of specified Department of Education activities under (1) the Education Sciences Reform Act of 2002 (i.e., the Institute of Education Sciences, which conducts and supports education research, statistics, evaluation, and dissemination); (2) the Educational Technical Assistance Act of 2002 (i.e., technical assistance centers including regional educational laboratories); and (3) the National Assessment of Educational Progress Authorization Act (i.e., the National Assessment of Educational Progress, or Nation's Report Card, which measures student academic performance in core subjects). (Thus, these core research, statistics, assessment, and support functions for federal education policy move from Education to Treasury.)
This section transfers the functions, programs, authorities, personnel, assets, and liabilities of the Carl D. Perkins Career and Technical Education Act of 2006 from the Department of Education to the Department of Labor, effective one year after enactment. (The Perkins Act provides formula grants to states and territories to improve secondary, postsecondary, and adult career and technical education programs.)
This section transfers to the Department of Labor, effective one year after enactment, the functions, programs, authorities, personnel, assets, and liabilities 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). (The act provides formula grants to states to support adult basic education, literacy, English language acquisition, and family literacy services.)
This section transfers the functions, programs, authorities, personnel, assets, and liabilities of the Individuals with Disabilities Education Act (IDEA)—which provides federal grants to states for special education and related services for children with disabilities aged 3-21, as well as early intervention services for infants and toddlers with disabilities—from the Department of Education to the Department of Health and Human Services, effective one year after enactment.
This section transfers to the Department of Labor, effective one year after enactment, the functions, programs, authorities, personnel, assets, and liabilities of the Department of Education under title I (Vocational Rehabilitation State Grants, i.e., formula grants to states for employment services for individuals with disabilities) and other specified provisions (titles III, IV, V, VI, and chapter 2 of title VII) of the Rehabilitation Act of 1973. (Thus, the Department of Labor will administer these disability employment and independent living programs previously housed at Education.)
This section transfers to the Department of Labor, effective one year after enactment, the functions, programs, authorities, personnel, assets, and liabilities of the Department of Education under the Education of the Deaf Act of 1986 (i.e., authorizing federal support for Gallaudet University and the National Technical Institute for the Deaf to provide postsecondary education, training, and related services for deaf individuals).
This section transfers the functions, programs, authorities, personnel, assets, and liabilities of the Randolph-Sheppard Act from the Department of Education to the Department of Labor, effective one year after enactment. (The Randolph-Sheppard Act authorizes blind vendors to operate vending facilities, such as cafeterias and snack bars, on federal property to expand economic opportunities for blind persons.)
This section transfers to the Department of Labor, effective one year after enactment, the functions, programs, authorities, personnel, assets, and liabilities of the Department of Education under the Helen Keller National Center Act. (As background, the act authorizes the Helen Keller National Center for Deaf-Blind Youths and Adults, which provides training, rehabilitation, and other services to deaf-blind individuals.)
This section transfers to the Department of Health and Human Services (HHS), effective one year after enactment, the functions, programs, authorities, personnel, assets, and liabilities of the Department of Education (ED) under the Special Olympics Sport and Empowerment Act of 2004. (As background, the Act authorizes ED grants to Special Olympics and Unified Sports programs to promote education, health, fitness, and social inclusion for individuals with intellectual disabilities.)
This section transfers to the Department of Health and Human Services (HHS), effective one year after enactment, the functions, programs, authorities, personnel, assets, and liabilities of the Department of Education (ED) under the Act to Promote the Education of the Blind of March 3, 1879. (As background, the 1879 Act authorizes federal promotion of education for blind individuals, including oversight and support for related programs and schools.)
This section transfers to the Department of Health and Human Services, effective one year after enactment, the functions, programs, authorities, personnel, assets, and liabilities of the Department of Education under the Scholarships for Opportunity and Results (SOAR) Act. (The SOAR Act authorizes federally funded scholarships for low-income students in the District of Columbia to attend private schools of their choice, along with tutoring and public school reform grants.)
This section transfers to the Department of Health and Human Services (HHS), effective one year after enactment, the functions, programs, authorities, personnel, assets, and liabilities of the Department of Education's (ED) programs and activities under title VII of the McKinney-Vento Homeless Assistance Act (i.e., Education for Homeless Children and Youth program). (As background, the program provides formula grants to states to identify homeless children and youth and ensure their equal access to the same free public education as other children.)
This section transfers to the Department of State, effective one year after enactment, the functions, programs, authorities, personnel, assets, and liabilities of the Fulbright-Hays Program administered by the Department of Education under the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452). (The program authorizes grants and contracts to support educational exchanges—including studies, research, and instruction for U.S. and foreign students, trainees, teachers, and professors—and cultural exchanges—including visits by leaders, artists, athletes, and participation in international festivals and expositions.)
This section authorizes appropriations of such sums as necessary to carry out the transfer of functions authorized under this Act, with funds available until 180 days after enactment.
This section requires the President to transmit to Congress, not later than 120 days after enactment, a reorganization plan regarding (1) transfers of functions, personnel, assets, and liabilities under this Act; (2) any consolidation, reorganization, or streamlining of such functions; and (3) efficiencies, cost savings, or additional costs from the transfers, including reductions in unnecessary or duplicative operations, assets, and personnel. The President must consult with Congress at least 30 days before transmitting the plan and before any material modifications thereto. The plan becomes effective on a date it specifies, no earlier than 90 days after transmittal to Congress (and transfers need not occur on a single date).
This section establishes transitional authorities for transferring functions from the Department of Education to recipient departments under this Act. Specifically, it (1) requires officials with authority over such functions before enactment to provide requested assistance, including personnel and assets, to recipient departments in preparation for the transfer; (2) authorizes the Secretary of Education, during the transition period, to provide services or detail personnel to recipient departments on a reimbursable or non-reimbursable basis; and (3) directs that, upon transfer, relevant personnel, assets, and liabilities transfer to recipient departments (subject to Office of Management and Budget Director approval and 31 U.S.C. §1531(a)(2)), which then assume all related functions previously exercisable by other officials or vested by law.
This section establishes savings provisions for the transfer of Department of Education functions to another federal department, preserving: (1) completed administrative actions (e.g., orders, rules, grants, contracts) until amended, modified, superseded, terminated, set aside, revoked, or expired in accordance with law; (2) pending proceedings (e.g., notices of proposed rulemaking, applications for grants) unless discontinued or modified under prior terms; (3) pending civil actions, to be resolved as if no transfer occurred; (4) statutory and other references to the Department of Education, deemed to refer to the recipient department (with reporting requirements continuing if naming the Department of Education); (5) transferred employees' terms and conditions of employment (including compensation), which remain unchanged except as otherwise provided; and (6) statutory reporting requirements naming the Department of Education, which continue post-transfer.
This section terminates Department of Education positions and offices compensated at Executive Schedule levels II, III, IV, or V upon transfer or termination of all department functions under this Act (except as otherwise provided).
This section authorizes and directs the Director of the Office of Management and Budget, in consultation with the recipient department, to make any additional incidental transfers of personnel, assets, and liabilities associated with the functions transferred by this Act, as necessary to accomplish the Act's purposes.
This section deems any reference in other federal law to a department, agency, officer, or office whose functions are transferred under this Act (including under a reorganization plan under section 402) to instead refer to the recipient department, official, or component exercising those functions on or after the date of enactment.