States’ Education Reclamation Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 202 To provide for the elimination of the Department of Education, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 9, 2023 Mr. ROUZER introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide for the elimination of the Department of Education, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘States’ Education Rec- 4 lamation Act of 2023’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 (1) Principles of federalism embodied in the 8 Constitution of the United States entrust authority 9 over issues of educational policy to the States and 10 VerDate Sep 11 2014 03:07 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H202.IH H202 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 202 IH the people and a Federal Department of Education 1 is inconsistent with such principles. 2 (2) Tradition and experience dictate that the 3 governance and management of schools in the 4 United States are best performed by parents, teach- 5 ers, and communities. 6 (3) The education of the Nation’s students is 7 suffering under a managerial government. 8 (4) The Department of Education has weak- 9 ened the ability of parents to make essential deci- 10 sions about their children’s education and has un- 11 dermined the capacity of communities to govern 12 their schools. 13 (5) In the 41 years of its existence, the Depart- 14 ment of Education has grown from a budget of $14 15 billion to almost $73.5 billion in annual discre- 16 tionary appropriations administering around 100 17 programs. Meanwhile, education performance for 17- 18 year-olds has stagnated since 1971. 19 (6) The Department of Education has fostered 20 over-regulation, standardization, bureaucratization, 21 and litigation in United States education. 22 (7) The Department of Education expends 23 large amounts of money on its own maintenance and 24 overhead. While the average national salary for pub- 25 VerDate Sep 11 2014 03:07 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H202.IH H202 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 202 IH lic school teachers is $61,730 the average salary for 1 a Department of Education employee is $112,724. 2 (8) In certain States, the average State salary 3 for a public school teacher is less than the national 4 average. In North Carolina, the average salary for a 5 public school teacher is $53,975. 6 (9) Recent tests reflect poor results in mathe- 7 matics, science, and reading for American students 8 compared with students from other nations. 9 (10) Only through initiatives led by parents and 10 local communities with the power to act can the 11 United States elevate educational performance to- 12 ward an acceptable level. 13 (11) The current system of top-down education 14 uniformity is detrimental to local businesses and 15 communities, the economic needs of the States, and 16 the Nation’s ability to compete globally for jobs. 17 (12) The Department of Education has been 18 hostile to many promising reforms, including re- 19 forms that would empower parents, teachers, and 20 local communities. The United States, once a labora- 21 tory of innovation through the experiments of the 22 States, is moving toward education standardization 23 that does not consider the individual educational 24 needs of our diverse population of students. 25 VerDate Sep 11 2014 03:07 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H202.IH H202 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 202 IH SEC. 3. ABOLITION OF DEPARTMENT OF EDUCATION. 1 The Department of Education is abolished, and, with 2 the exception of the programs transferred under section 3 7, any program for which the Secretary of Education or 4 the Department of Education has administrative responsi- 5 bility as provided by law or by delegation of authority pur- 6 suant to law is repealed, including each program under 7 the following: 8 (1) The Department of Education Organization 9 Act (20 U.S.C. 3401 et seq.). 10 (2) The General Education Provisions Act (20 11 U.S.C. 1221 et seq.). 12 SEC. 4. GRANTS TO STATES FOR ELEMENTARY AND SEC- 13 ONDARY AND FOR POSTSECONDARY EDU- 14 CATION PROGRAMS. 15 (a) IN GENERAL.—Subject to the requirements of 16 this Act, each State is entitled to receive from the Sec- 17 retary of the Treasury, by not later than July 1 of the 18 preceding fiscal year— 19 (1) a grant for fiscal year 2023 and each suc- 20 ceeding fiscal year through fiscal year 2031, that is 21 equal to the amount of funds appropriated for the 22 State for Federal elementary school and secondary 23 school programs for fiscal year 2023 (except for the 24 funds appropriated for fiscal year 2023 for such pro- 25 VerDate Sep 11 2014 03:07 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H202.IH H202 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 202 IH grams for such State that are being transferred 1 under section 7); and 2 (2) a grant for fiscal year 2023 and each suc- 3 ceeding fiscal year through fiscal year 2031, that is 4 equal to the amount of funds appropriated for the 5 State for Federal postsecondary education programs 6 for fiscal year 2023 (except for the funds appro- 7 priated for fiscal year 2023 for such programs for 8 such State that are being transferred under section 9 7). 10 (b) APPROPRIATION.—Out of any money in the 11 Treasury of the United States not otherwise appropriated, 12 there are appropriated for fiscal years 2023 through 2031, 13 such sums as are necessary for grants under subsection 14 (a). 15 (c) REQUIREMENTS RELATING TO INTERGOVERN- 16 MENTAL FINANCING.—The Secretary of the Treasury 17 shall make the transfer of funds under grants under sub- 18 section (a) directly to each State in accordance with the 19 requirements of section 6503 of title 31, United States 20 Code. 21 (d) EXPENDITURE OF FUNDS.—Amounts received by 22 a State under this section for any fiscal year shall be ex- 23 pended by the State in such fiscal year or in the suc- 24 ceeding fiscal year. 25 VerDate Sep 11 2014 03:07 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H202.IH H202 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 202 IH (e) USE OF FUNDS.—Funds made available to a 1 State— 2 (1) under subsection (a)(1), shall be used by 3 the State for any elementary or secondary education 4 purpose permitted by State law, including increases 5 in teacher salaries; and 6 (2) under subsection (a)(2), shall be used by 7 the State for any postsecondary education purpose 8 permitted by State law. 9 (f) SUPPLEMENT, NOT SUPPLANT.—A grant received 10 under subsection (a) shall only be used to supplement the 11 amount of funds that would, in the absence of such grant, 12 be made available from non-Federal sources for elemen- 13 tary school and secondary school programs or postsec- 14 ondary education programs, and not to supplant those 15 funds. 16 SEC. 5. ADMINISTRATIVE AND FISCAL ACCOUNTABILITY. 17 (a) AUDITS.— 18 (1) CONTRACT WITH APPROVED AUDITING EN- 19 TITY.—Not later than October 1, 2023, and annu- 20 ally thereafter, a State shall contract with an ap- 21 proved auditing entity (as defined under paragraph 22 (3)(B)) for purposes of conducting an audit under 23 paragraph (2) (with respect to the fiscal year ending 24 September 30 of such year). 25 VerDate Sep 11 2014 03:07 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H202.IH H202 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 202 IH (2) AUDIT REQUIREMENT.—Under a contract 1 under paragraph (1), an approved auditing entity 2 shall conduct an audit of the expenditures or trans- 3 fers made by a State from amounts received under 4 a grant under section 4, with respect to the fiscal 5 year which such audit covers, to determine the ex- 6 tent to which such expenditures and transfers were 7 expended in accordance with section 4. 8 (3) ENTITY CONDUCTING AUDIT.— 9 (A) IN GENERAL.—With respect to a 10 State, the audit under paragraph (2) shall be 11 conducted by an approved auditing entity in ac- 12 cordance with generally accepted auditing prin- 13 ciples. 14 (B) APPROVED AUDITING ENTITY.—For 15 purposes of this section, the term ‘‘approved 16 auditing entity’’ means, with respect to a State, 17 an entity that is— 18 (i) approved by the Secretary of the 19 Treasury; 20 (ii) approved by the chief executive of- 21 ficer of the State; and 22 (iii) independent of any Federal, 23 State, or local agency. 24 VerDate Sep 11 2014 03:07 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H202.IH H202 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 202 IH (4) SUBMISSION OF AUDIT.—Not later than 1 April 30, 2024, and annually thereafter, a State 2 shall submit the results of the audit under para- 3 graph (2) (with respect to the fiscal year ending on 4 September 30 of such year) to the State legislature 5 and to the Secretary of the Treasury. 6 (b) REIMBURSEMENT AND PENALTY.—If, through an 7 audit conducted under subsection (a), an approved audit- 8 ing entity finds that a State violated the requirements of 9 subsection (d) or (e) of section 4, the State shall pay to 10 the Treasury of the United States 100 percent of the 11 amount of State funds that were used in violation of sec- 12 tion 4 as a penalty. Insofar as a State fails to pay any 13 such penalty, the Secretary of the Treasury shall offset 14 the amount not so paid against the amount of any grant 15 otherwise payable to the State under this Act. 16 (c) ANNUAL REPORTING REQUIREMENTS.— 17 (1) IN GENERAL.—Not later than January 31, 18 2024, and annually thereafter, each State shall sub- 19 mit to the Secretary of the Treasury and the State 20 legislature a report on the activities carried out by 21 the State during the most recently completed fiscal 22 year with funds received by the State under a grant 23 under section 4 for such fiscal year. 24 VerDate Sep 11 2014 03:07 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H202.IH H202 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 202 IH (2) CONTENT.—A report under paragraph (1) 1 shall, with respect to a fiscal year— 2 (A) contain the results of the audit con- 3 ducted by an approved auditing entity for a 4 State for such fiscal year, in accordance with 5 the requirements of subsection (a) of this sec- 6 tion; 7 (B) specify the amount of the grant made 8 to the State under section 4; and 9 (C) be in such form and contain such other 10 information as the State determines is nec- 11 essary to provide— 12 (i) an accurate description of the ac- 13 tivities conducted by the State for the pur- 14 pose described under section 4; and 15 (ii) a complete record of the purposes 16 for which amounts were expended in ac- 17 cordance with this section. 18 (3) PUBLIC AVAILABILITY.—A State shall make 19 copies of the reports required under this section 20 available on a public website and shall make copies 21 available in other formats upon request. 22 (d) FAILURE TO COMPLY WITH REQUIREMENTS.— 23 The Secretary of the Treasury shall not make any pay- 24 ment to a State under a grant authorized by section 4— 25 VerDate Sep 11 2014 03:07 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H202.IH H202 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 202 IH (1) if an audit for a State is not submitted as 1 required under subsection (a) during the period be- 2 tween the date such audit is due and the date on 3 which such audit is submitted; 4 (2) if a State fails to submit a report as re- 5 quired under subsection (c) during the period be- 6 tween the date such report is due and the date on 7 which such report is submitted; or 8 (3) if a State violates a requirement of section 9 4 during the period beginning on the date the Sec- 10 retary becomes aware of such violation and the date 11 on which such violation is corrected by the State. 12 (e) ADMINISTRATIVE SUPERVISION AND OVER- 13 SIGHT.— 14 (1) LIMITED ROLE FOR SECRETARY OF THE 15 TREASURY.—The authority of the Secretary of the 16 Treasury under this Act is limited to— 17 (A) promulgating regulations, issuing 18 rules, or publishing guidance documents to the 19 extent necessary for purposes of implementing 20 subsection (a)(3)(B), subsection (b), and sub- 21 section (d); 22 (B) making payments to the States under 23 grants under section 4; 24 VerDate Sep 11 2014 03:07 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H202.IH H202 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 202 IH (C) approving entities under subsection 1 (a)(3)(B) for purposes of the audits required 2 under subsection (a); 3 (D) withholding payment to a State of a 4 grant under subsection (d) or offsetting a pay- 5 ment of such a grant to a State under sub- 6 section (b); and 7 (E) exercising the authority relating to 8 nondiscrimination that is specified in section 9 6(b). 10 (2) LIMITED ROLE FOR ATTORNEY GENERAL.— 11 The authority of the Attorney General to supervise 12 the amounts received by a State under section 4 is 13 limited to the authority under section 6(b). 14 (f) RESERVATION OF STATE POWERS.—Nothing in 15 this section shall be construed to limit the power of a 16 State, including the power of a State to pursue civil and 17 criminal penalties under State law against any individual 18 or entity that misuses, or engages in fraud or abuse re- 19 lated to, the funds provided to a State under section 4. 20 SEC. 6. NONDISCRIMINATION PROVISIONS. 21 (a) NO DISCRIMINATION AGAINST INDIVIDUALS.— 22 No individual shall be excluded from participation in, de- 23 nied the benefits of, or subjected to discrimination under, 24 any program or activity funded in whole or in part with 25 VerDate Sep 11 2014 03:07 Jan 19, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H202.IH H202 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 202 IH amounts paid to a State under section 4 on the basis of 1 such individual’s— 2 (1) disability under section 504 of the Rehabili- 3 tation Act of 1973 (29 U.S.C. 794); 4 (2) sex under title IX of the Education Amend- 5 ments of 1972 (20 U.S.C. 1681 et seq.); or 6 (3) race, color, or national origin under title VI 7 of the Civil Rights Act of 1964 (42 U.S.C. 2000d 8 et seq.). 9 (b) COMPLIANCE.— 10 (1) IN GENERAL.—If the Attorney General de- 11 termines that a State or an entity that has received 12 funds from amounts paid to a State under a grant 13 under section 4 has failed to comply with a provision 14 of law referred to in subsection (a), the Secretar [Text truncated for display. 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