[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2456 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2456
To terminate the Department of Education, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
March 27, 2025
Mr. Moran introduced the following bill; which was referred to the
Committee on Education and Workforce
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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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