May 13, 2025
Mr. Higgins of Louisiana (for himself and Mr. Moore of Alabama) introduced the following bill; which was referred to the Committee on Education and Workforce, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To abolish the Department of Education, and for other purposes.
Section 1. Short title
This Act may be cited as the Sovereign States Education Restoration Act
.
Sec. 2. Abolishment of Department of Education
Effective on the date that is 270 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of Education has administrative responsibility as provided by law or by delegation of authority pursuant to law is repealed, including each program under the following: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
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.
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.
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.).
Sec. 6. Authorization of appropriations
There are authorized to be appropriated to carry out sections 3, 4, and 5, an amount equal to the total amount appropriated to the Department of Education for fiscal year 2019, of which—
(1)
not more than 50 percent shall be used to award block grants to States under section 4; and
(2)
not more than 20 percent shall be used for the administration and oversight required by Federal agencies under this Act.