,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ecid ,,in ,,the ,,house ,,of ,,representatives ,august #a1 #bjad ,mr4 ,broun of ,georgia introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to provide for the elimination of the ,department of ,education1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,department of ,education ,elimination ,act of #bjad4 #b4 ,findings ,congress finds the following3 7#a7 ,principles of federalism embodied in the ,constitution of the ,united ,states entrust authority over issues of educational policy to the ,states and the people and a ,federal ,department of ,education is inconsistent with such principles4 7#b7 ,tradition and experience dictate that the governance and management of schools in the ,united ,states are best performed by parents1 teachers1 and communities4 7#c7 ,the education of the ,nation's students is suffering under a managerial government4 7#d7 ,the ,department of ,education has weakened the ability of parents to make essential decisions about their children's education and has undermined the capacity of communities to govern their schools4 7#e7 ,in the #cd years of its existence1 the ,department of ,education has grown from a budget of #ad billion to almost #fe4g billion in annual discretionary appropriations administering around #ajj programs4 ,meanwhile1 education performance for #ag-year olds has stagnated since #aiga4 7#f7 ,the ,department of ,education has fostered over-regulation1 standardization1 bureaucratization1 and litigation in ,united ,states education4 7#g7 ,the ,department of ,education expends large amounts of money on its own maintenance and overhead4 ,while the average salary for public school teachers is around #ef1jjj1 the average salary for a ,department of ,education employee is #ajh1ega4 7#h7 ,recent tests reflect poor results in mathematics1 science1 and reading for ,american students compared with students from other nations4 7#i7 ,only through initiatives led by parents and local communities with the power to act can the ,united ,states elevate educational performance toward an acceptable level4 7#aj7 ,the current system of top down education uniformity is detrimental to local businesses and communities1 the economic needs of the states1 and the ,nation's ability to compete globally for jobs4 7#aa7 ,the ,department of ,education has been hostile to many promising reform ideas or empowering parents1 teachers1 and local communities4 ,the ,united ,states1 once a laboratory of innovation through the experiments of the ,states1 is moving toward education standardization that does not consider the individual educational needs of our diverse population of students4 #c4 ,abolition of ,department of ,education ,the ,department of ,education is abolished1 and1 with the exception of the programs transferred under section #g1 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 repealed1 including each program under the following3 7#a7 ,the ,department of ,education ,organization ,act 7#bj ,u4,s4,c4 #cdja et seq474 7#b7 ,the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba et seq474 #d4 ,grants to ,states for elementary and secondary and for postsecondary education programs 7a7 ,in general ,subject to the requirements of this title1 each ,state is entitled to receive from the ,secretary of the ,treasury1 by not later than ,july #a of the preceding fiscal year-- 7#a7 a grant for fiscal year #bjae and each succeeding fiscal year through fiscal year #bjbd1 that is equal to the amount of funds appropriated for the ,state for ,federal elementary school and secondary school programs for fiscal year #bjab 7except for the funds appropriated for fiscal year #bjab for such programs for such ,state that are being transferred under section #g72 and 7#b7 a grant for fiscal year #bjae and each succeeding fiscal year through fiscal year #bjbd1 that is equal to the amount of funds appropriated for the ,state for ,federal postsecondary education programs for fiscal year #bjab 7except for the funds appropriated for fiscal year #bjab for such programs for such ,state that are being transferred under section #g74 7b7 ,appropriation ,out of any money in the ,treasury of the ,united ,states not otherwise appropriated1 there are appropriated for fiscal years #bjae through #bjbd1 such sums as are necessary for grants under subsection 7a74 7c7 ,requirements relating to intergovernmental financing ,the ,secretary of the ,treasury shall make the transfer of funds under grants under subsection 7a7 directly to each ,state in accordance with the requirements of section #fejc of title #ca1 ,united ,states ,code4 7d7 ,expenditure of funds ,amounts received by a ,state under this section for any fiscal year shall be expended by the ,state in such fiscal year or in the succeeding fiscal year4 7e7 ,use of ,funds ,funds made available to a ,state-- 7#a7 under subsection 7a77#a71 shall be used by the ,state for any elementary or secondary education purpose permitted by ,state law2 and 7#b7 under subsection 7a77#b71 shall be used by the ,state for any postsecondary education purpose permitted by ,state law4 7f7 ,supplement1 not supplant ,a grant received under subsection 7a7 shall only be used to supplement the amount of funds that would1 in the absence of such grant1 be made available from non-,federal sources for elementary school and secondary school programs or postsecondary education programs1 and not to supplant those funds4 #e4 ,administrative and fiscal accountability 7a7 ,audits 7#a7 ,contract with approved auditing entity ,not later than ,october #a1 #bjae1 and annually thereafter1 a ,state shall contract with an approved auditing entity 7as defined under paragraph 7#c77;,b77 for purposes of conducting an audit under paragraph 7#b7 7with respect to the fiscal year ending ,september #cj of such year74 7#b7 ,audit requirement ,under a contract under paragraph 7#a71 an approved auditing entity shall conduct an audit of the expenditures or transfers made by a ,state from amounts received under a grant under section #d1 with respect to the fiscal year which such audit covers1 to determine the extent to which such expenditures and transfers were expended in accordance with section #d4 7#c7 ,entity conducting audit 7,a7 ,in general ,with respect to a ,state1 the audit under paragraph 7#b7 shall be conducted by an approved auditing entity in accordance with generally accepted auditing principles4 7,b7 ,approved auditing entity ,for purposes of this section1 the term approved auditing entity means1 with respect to a ,state1 an entity that is-- 7i7 approved by the ,secretary of the ,treasury2 7ii7 approved by the chief executive officer of the ,state2 and 7iii7 independent of any ,federal1 ,state1 or local agency4 7#d7 ,submission of audit ,not later than ,april #cj1 #bjaf1 and annually thereafter1 a ,state shall submit the results of the audit under paragraph 7#b7 7with respect to the fiscal year ending on ,september #cj of such year7 to the ,state legislature and to the ,secretary of the ,treasury4 7b7 ,reimbursement and penalty ,if1 through an audit conducted under subsection 7a71 an approved auditing entity finds that a ,state violated the requirements of subsection 7d7 or 7e7 of section #d1 the ,state shall pay to the ,treasury of the ,united ,states #ajj percent of the amount of ,state funds that were used in violation of section #d as a penalty4 ,insofar as a ,state fails to pay any such penalty1 the ,secretary of the ,treasury shall offset the amount not so paid against the amount of any grant otherwise payable to the ,state under this ,act4 7c7 ,annual reporting requirements 7#a7 ,in general ,not later than ,january #ca1 #bjaf1 and annually thereafter1 each ,state shall submit to the ,secretary of the ,treasury and the ,state legislature a report on the activities carried out by the ,state during the most recently completed fiscal year with funds received by the ,state under a grant under section #d for such fiscal year4 7#b7 ,content ,a report under paragraph 7#a7 shall1 with respect to a fiscal year-- 7,a7 contain the results of the audit conducted by an approved auditing entity for a ,state for such fiscal year1 in accordance with the requirements of subsection 7a7 of this section2 7,b7 specify the amount of the grant made to the ,state under section #d2 and 7,c7 be in such form and contain such other information as the ,state determines is necessary to provide-- 7i7 an accurate description of the activities conducted by the ,state for the purpose described under section #d2 and 7ii7 a complete record of the purposes for which amounts were expended in accordance with this section4 7#c7 ,public availability ,a ,state shall make copies of the reports required under this section available on a public ,web site and shall make copies available in other formats upon request4 7d7 ,failure ,to comply with requirements ,the ,secretary of the ,treasury shall not make any payment to a ,state under a grant authorized by section #d-- 7#a7 if an audit for a ,state is not submitted as required under subsection 7a71 during the period between the date such audit is due and the date on which such audit is submitted2 7#b7 if a ,state fails to submit a report as required under subsection 7c71 during the period between the date such report is due and the date on which such report is submitted2 or 7#c7 if a ,state violates a requirement of section #d1 during the period beginning on the date the ,secretary becomes aware of such violation and the date on which such violation is corrected by the ,state4 7e7 ,administrative supervision and oversight 7#a7 ,limited role for secretary of treasury and the attorney general 7,a7 ,treasury ,the authority of the ,secretary of the ,treasury under this ,act is limited to-- 7i7 promulgating regulations1 issuing rules1 or publishing guidance documents to the extent necessary for purposes of implementing subsection 7a77#c77;,b71 subsection 7b71 and subsection 7d72 7ii7 making payments to the ,states under grants under section #d2 7iii7 approving entities under subsection 7a77#c77;,b7 for purposes of the audits required under subsection 7a72 7iv7 withholding payment to a ,state of a grant under subsection 7d7 or offsetting a payment of such a grant to a ,state under subsection 7b72 and 7v7 exercising the authority relating to nondiscrimination that is specified in section #f7;b74 7,b7 ,attorney general ,the authority of the ,attorney ,general to supervise the amounts received by a ,state under section #d is limited to the authority under section #f7;b74 7f7 ,reservation of state powers ,nothing in this section shall be construed to limit the power of a ,state1 including the power of a ,state to pursue civil and criminal penalties under ,state law against any individual or entity that misuses1 or engages in fraud or abuse related to1 the funds provided to a ,state under section #d4 #f4 ,nondiscrimination provisions 7a7 ,no discrimination against individuals ,no individual shall be excluded from participation in1 denied the benefits of1 or subjected to discrimination under1 any program or activity funded in whole or in part with amounts paid to a ,state under section #d on the basis of such individual's-- 7#a7 disability under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid72 7#b7 sex under title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq472 or 7#c7 race1 color1 or national origin under title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq474 7b7 ,compliance 7#a7 ,in general ,if the ,attorney ,general determines that a ,state or an entity that has received funds from amounts paid to a ,state under a grant under section #d has failed to comply with a provision of law referred to in subsection 7a71 the ,secretary of the ,treasury shall notify the chief executive officer of the ,state of such failure to comply and shall request that such chief executive officer secure such compliance4 7#b7 ,enforcement ,if1 not later than #fj days after receiving notification under paragraph 7#a71 the chief executive officer of a ,state fails or refuses to secure compliance with the provision of law referred to in such notification1 the ,attorney ,general may-- 7,a7 institute an appropriate civil action2 or 7,b7 exercise the powers and functions provided under section #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;a71 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 or title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 7as applicable74 #g4 ,transfer of certain ,department of ,education programs ,not later than #bd months after the date of enactment of this ,act-- 7#a7 each job training program under the jurisdiction of the ,department of ,education1 including the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcja et seq47 shall be transferred to the ,department of ,labor2 7#b7 each special education grant program under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adfj et seq47 shall be transferred to the ,department of ,health and ,human ,services2 7#c7 each ,indian ,education program under the jurisdiction of the ,department of ,education shall be transferred to the ,department of the ,interior2 7#d7 each ,impact ,aid program under title ,,viii of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggja et seq47 shall be transferred to the ,department of ,defense2 and 7#e7 the ,federal ,pell ,grant program under subpart #a of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a71 which shall be capped at #ah1jjj1jjj1jjj per fiscal year1 and the ,federal student loan programs under parts ,b and ,d of title ,,iv of such ,act 7#bj ,u4,s4,c4 #ajgj et seq42 #bj ,u4,s4,c4 #ajhg;a et seq47 shall be transferred to the ,department of ,health and ,human ,services4 #h4 ,,gao report ,not later than #ij days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate report1 which shall include-- 7#a7 a review and evaluation as to the feasibility of enhancing the ability of ,states and local communities to fund education by reducing the ,federal tax burden and commensurately eliminating ,federal ,government involvement in providing grants for education programs2 and 7#b7 an evaluation of the feasibility of the successor ,federal agencies for maintaining the programs to be transferred under section #g4 #i4 ,plan for winding up affairs ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit to the ,congress a plan for winding up the affairs of the ,department of ,education in accordance with this ,act4 #aj4 ,definitions ,in this ,act3 7#a7 ,elementary school2 secondary school ,the terms elementary school and secondary school have the meanings given the terms in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #iaja74 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #ajb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb74 7#c7 ,state ,the term ,state has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74