US Codex
Bill
Notes

To abolish the Department of Education and to provide funding directly to States for elementary and secondary education, and for other purposes.

H.R. 938 · 118th Congress · Feb 9, 2023 · Lineage

A BILL

Section 1 Abolishment of Department of Education

(a)
In general— Effective on the date that is 30 days after the date of enactment of this Act—
(1)
the Department of Education is abolished; and
(2)
each applicable program is terminated.
(b)
Applicable program defined— The term applicable program means each 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 as of the day before the date specified in subsection (a), except such term does not include—
(1)
the Federal Pell Grant program under section 401 of the Higher Education Act (20 U.S.C. 1070a); and
(2)
the William D. Ford Federal Direct Loan Program under part D of such Act (20 U.S.C. 1087a et seq.).
(c)
Transfer of functions— Effective on the date specified in subsection (a), the authority to carry out the programs described in paragraphs (1) and (2) of subsection (b) is hereby transferred to the Secretary of the Treasury.

Sec. 2 Block grants to States

(a)
Sense of Congress— It is the sense of Congress that—
(1)
States should distribute non-Federal funds for elementary and secondary education in a manner that promotes competition and choices in education in order to secure the best education available for each child; and
(2)
it is the fundamental right of parents to determine the best education for their children.
(b)
Elementary and secondary education grant program— The Secretary of the Treasury shall carry out a program under which the Secretary makes allocations to States, in accordance with subsection (c), to support elementary and secondary education.
(c)
Allocations to States— The allocations made by the Secretary to each State under subsection (b) shall be in proportion to the aggregate amount of Federal individual income taxes paid by the residents of such State (relative to such aggregate amount paid by residents of all the States) as determined by the Secretary after consultation with the Secretary of the Treasury.
(d)
Use of funds— A State that receives an allocation under subsection (c) shall use such funds to support elementary and secondary education in the State.