SEC. 1601. COMMON GRANT SYSTEM AND RESPONSIBLE ADMINISTRATION.
(a) Integrated process.—The Secretary shall maintain a common application, award, payment, and reporting framework for this Act, with title-specific schedules only where necessary. A recipient shall not be required to submit the same information repeatedly to different offices when lawful reuse is practicable.
(b) Notice of conditions.—Before accepting an award, a recipient shall receive a written statement of the amount, allowable uses, duration, matching and maintenance obligations, performance measures, substantive rights, reporting requirements, and remedies. A materially new condition shall not be applied retroactively to an accepted award without statutory authority and fair notice.
(c) Technical assistance.—The Secretary shall provide accessible technical assistance, including for small, rural, Tribal, and newly participating organizations. A technical error that can be corrected without prejudice shall not automatically disqualify an otherwise eligible applicant.
(d) Central functions.—Amounts for this title shall be allocated 70 percent to the Department for common systems, cross-program evaluation, and enforcement; 20 percent directly to the Department's Inspector General for audit and investigation; and 10 percent directly to the Government Accountability Office for the reviews required by this Act. These amounts shall not reduce the independence or existing authorities of either oversight office. A cost paid from this account shall not also be charged to a program's administrative reservation.
SEC. 1602. MAINTENANCE OF EFFORT AND SUPPLEMENTAL INVESTMENT.
(a) State maintenance.—Except as otherwise provided in a compact, a State receiving a formula allotment under this Act shall maintain non-Federal spending for the relevant category of educational service at not less than 95 percent of its inflation-adjusted average per-participant spending during the 3 fiscal years preceding the award. The Secretary shall prescribe consistent service categories and calculations, including treatment of enrollment changes, before the State accepts an award.
(b) Adjustment.—The Secretary may approve a time-limited waiver for a substantial revenue decline, major disaster, exceptional nonrecurring capital expenditure in the baseline, or another objectively comparable circumstance, upon public findings, a recovery plan, and protection of the highest-need learners. A waiver shall last no longer than 2 program years without a new finding.
(c) No replacement of required services.—A recipient shall not use this Act to avoid a non-Federal obligation that another law requires it to finance. Compliance shall be assessed through budgets and allocation methods, not an assumption that every federally funded cost must be entirely novel.
(d) Other maintenance requirements.—A waiver under this section does not waive an obligation under the Individuals with Disabilities Education Act or another statute. The Secretary shall distinguish applicable funding streams in every decision.
(e) Price measure.—For this section, inflation shall be measured using the Consumer Price Index for All Urban Consumers, United States city average, all items, published by the Bureau of Labor Statistics, or its official successor. This measure does not index the dollar appropriations in title XVII.
(a) Dashboard.—Within 18 months after enactment, the Secretary shall publish an accessible dashboard identifying awards, recipient and contractor identities, service areas, expenditure categories, applicable performance measures, evaluation results, and material enforcement dispositions.
(b) Outcomes.—Measures shall include practical access, service quality, timely delivery, educational progress, completion, retention, and cost. Measures shall be appropriate to each title and shall distinguish a legal duty, an award condition, and an improvement target.
(c) Safeguards.—Public reporting shall use aggregate data with effective protection of small groups and individual identities. Necessary confidential oversight records shall not be placed on a public dashboard. Disaggregation for identifying disparities shall not establish a quota or require a learner to disclose an unnecessary sensitive characteristic.
(d) No statistical gaming.—A recipient shall not intentionally change denominators, exclude eligible higher-need participants, misclassify expenditures, or conceal adverse results to improve reported performance. Reasonable corrections shall be documented without penalizing honest disclosure.
SEC. 1604. AUDITS, RECORDS, AND PROPORTIONATE INSPECTION.
(a) Audit standards.—Recipients shall comply with applicable Federal grant-management and single-audit requirements. The Secretary and Inspector General shall use risk-based oversight, coordinate requests, and avoid duplicative audits of the same matter where lawful reliance is available.
(b) Records.—Financial and award-compliance records shall be retained for 7 years after final expenditure, or longer where a pending audit, proceeding, or another law requires preservation. Identifiable learner data shall be retained only to the extent necessary under title XIII; this subsection shall not justify retaining unrelated surveillance or telemetry.
(c) Access.—Authorized officials shall have reasonable access to award-related records and funded premises, with reasonable notice except where lawful unannounced review is necessary to address a material risk. This Act creates no authority to enter a private home, conduct a search contrary to the Fourth Amendment, or compel privileged material without lawful process.
(d) Fraud referral.—Credible evidence of fraud, corruption, bribery, or intentional misuse shall be referred to the Inspector General and, where appropriate, the Department of Justice. This Act creates no new criminal offense.
SEC. 1605. CORRECTIVE ACTION AND GRANT REMEDIES.
(a) Notice.—Before imposing a nonemergency material sanction, the Secretary shall provide written notice describing the facts, violated provision, evidence, proposed remedy, and available review. The recipient shall have at least 60 days to cure a remediable violation or propose an adequate corrective plan.
(b) Hearing.—A recipient may request a hearing within 30 days after a proposed final sanction. A lawfully appointed hearing official without prior substantive participation in the investigation shall consider the record, permit presentation and rebuttal of material evidence, and issue a reasoned recommended decision. The Secretary or a lawful delegate shall issue a final agency decision, ordinarily within 90 days after the hearing record closes.
(c) Burden.—The Department shall establish a violation by a preponderance of the evidence. The decision shall address material defenses, the recipient's responsibility, the amount affected, proportionality, correction, and consequences for learners.
(d) Remedies.—The Secretary may require technical assistance, correction, repayment of misspent amounts, reasonable additional monitoring, suspension of the affected award, prospective conditions on a continuation award, or termination of the affected assistance. Recovery shall be limited to amounts legally recoverable and shall not treat an entire grant as misspent because of an unrelated or immaterial violation.
(e) Emergency action.—Where specific evidence establishes an imminent serious threat to health, safety, protected information, or the lawful custody of funds, the Secretary may temporarily suspend the affected activity or payments. Written reasons shall be provided within 7 days and an opportunity for prompt review within 30 days. Any continued suspension shall be supported by a renewed finding and a learner-continuity plan.
(f) Limits.—A remedy shall not withdraw unrelated preexisting Federal assistance, punish protected disagreement, compel curricular content, or penalize failure to meet a nonbinding outcome aspiration. Ordinary good-faith professional judgment shall not be treated as fraud. Existing authorities outside this Act remain governed by their own substantive and procedural requirements.
SEC. 1606. CIVIL ENFORCEMENT IN FEDERAL COURT.
(a) Authority.—The Attorney General may bring a civil action in an appropriate United States district court against a recipient or covered vendor that knowingly or recklessly—
(1) makes a materially false statement to obtain or retain assistance under this Act;
(2) sells covered learner information, uses it for prohibited targeted advertising, or makes a materially harmful unauthorized disclosure in violation of section 1302;
(3) retaliates against a person for a protected complaint or disclosure under this Act; or
(4) systematically falsifies records to conceal denial of a funded service required by an express award condition.
(b) Relief.—The court may order appropriate prospective relief, restitution of amounts unlawfully obtained, and a civil penalty not exceeding $100,000 for a nonduplicative course of conduct, or $1,000,000 for a willful course of conduct involving concealment or repeated violation after final notice. A continuous common scheme shall not be multiplied into separate penalties solely by counting each affected learner, record, or day.
(c) Proportionality.—In setting a penalty, the court shall consider seriousness, culpability, duration, actual and threatened harm, financial benefit, ability to pay, corrective action, prior final violations, and the constitutional prohibition on excessive fines. A civil penalty shall not be imposed on an individual classroom educator solely for a good-faith instructional or disciplinary judgment.
(d) Procedure.—The Government shall prove liability by a preponderance of the evidence. The right to jury trial shall be preserved as the Constitution requires. The Secretary shall not adjudicate a punitive monetary penalty under this section administratively.
(e) Coordination and limitation.—The Government shall prevent duplicative recovery for the same loss under this Act and another statute. An action under this section shall be commenced within 5 years after the violation, subject to otherwise applicable rules concerning fraudulently concealed conduct. This section does not create a bounty or a private right to collect a Government penalty.
SEC. 1607. JUDICIAL REVIEW OF FEDERAL ACTION.
(a) Review.—A person satisfying constitutional standing and applicable statutory review requirements may obtain review of final agency action under this Act, or of a discrete agency action unlawfully withheld or unreasonably delayed, under chapter 7 of title 5, United States Code. The waiver of sovereign immunity in section 702 of that title shall apply to relief other than money damages.
(b) Express duties.—The prohibitions and publication duties in sections 105, 203, 204, and 205 are legal constraints on the responsible agency and its officers, not unreviewable statements of aspiration. Review shall remain subject to applicable jurisdiction, standing, privilege, and remedial limitations.
(c) Proper defendants.—Relief shall run against an agency or appropriate executive officer within the court's lawful jurisdiction. This Act does not authorize an injunction against the President in the performance of official duties, create a damages action against a Member of Congress, override the Speech or Debate Clause, or curtail lawful congressional oversight.
(d) Existing jurisdiction.—Nothing in this Act displaces exclusive jurisdiction or remedial procedures governing Federal employment, procurement protests, contract claims, or another matter assigned by law to a specialized tribunal. A party may not obtain a different forum merely by relabeling such a claim as a violation of this Act.
SEC. 1608. EXPRESS INDIVIDUAL RIGHTS AND LIMITED CIVIL ACTION.
(a) Rights.—A learner, parent, educator, researcher, or other individual directly protected by section 106, 207, 304, 305, 1005, 1302, 1303, 1305, or 1306 has the individual right to compliance with the express prohibitions or procedural duties in those sections to the extent applicable to that individual and the defendant. A violation of another provision creates a private action under this section only where this Act expressly so provides.
(b) Prospective relief.—An individual suffering a concrete actual or imminent injury from such a violation by a recipient or covered vendor may bring an action for declaratory or injunctive relief in an appropriate United States district court. An action against a State officer shall be limited to prospective relief for an ongoing violation within the court's lawful jurisdiction. This Act does not abrogate State or Tribal sovereign immunity or authorize retrospective monetary relief against a State, an arm of a State, or an Indian Tribe without a valid independent waiver.
(c) Limited compensation.—Against a defendant not entitled to sovereign immunity, a court may award proven, causally related economic loss for a knowing or reckless violation of a right expressly identified in subsection (a). Punitive damages, presumed damages, and damages for emotional distress are not authorized by this section. Existing remedies under other law are not reduced.
(d) Notice and opportunity to resolve.—Except where immediate relief is needed to prevent irreparable harm, a plaintiff shall first give the recipient or vendor written notice and 30 days to provide a reasoned response or correction. A plaintiff shall not be required to exhaust an additional administrative process created by regulation. Existing exhaustion requirements under other statutes are unchanged for claims subject to those requirements.
(e) Retaliation.—A recipient or covered vendor shall not intimidate, threaten, discharge, exclude, reduce a benefit, or otherwise materially retaliate against a person for good-faith reporting, participation in an investigation, refusal to falsify a record, or exercise of a protected right under this Act. Knowingly false statements are not protected. Federal employment and Federal contractor disclosures remain governed by their applicable exclusive remedial schemes to the extent section 1607(d) requires.
(f) Fees and limitation.—The court may award reasonable attorney's fees and costs to a prevailing plaintiff, and to a prevailing defendant only where the action was frivolous, unreasonable, or without foundation. An action shall be filed within 2 years after the plaintiff knew or reasonably should have known of the violation, subject to equitable tolling and tolling during minority. Courts shall preserve jury-trial rights where required.
(g) No generalized taxpayer action.—Disagreement with an appropriation, a research conclusion, or a lawful curricular judgment, without the required individual injury and violated duty, does not establish a cause of action or standing under this section.
SEC. 1609. RULEMAKING AND LIMITS ON DISCRETION.
(a) Schedule.—The Secretary shall publish proposed rules needed for the initial grant cycle within 270 days after enactment and final rules within 365 days, except a shorter express deadline in this Act. Consultation shall include learners, families, educators, disability and language-access experts, States, Indian Tribes, institutions, community providers, and relevant Federal agencies.
(b) Procedure.—Rulemaking shall comply with the Administrative Procedure Act and other applicable law. Interim guidance may explain the statute, existing procedures, and voluntary best practices; it shall not impose a substantive condition that requires notice-and-comment rulemaking without satisfying a lawful exception.
(c) No delay of clear duties.—Failure to issue a rule shall not suspend a self-executing statutory protection or permit diversion of an appropriation. The Secretary may use existing lawful grant procedures for an initial award where consistent with this Act and fair notice.
(d) Bounded authority.—Rules may implement eligibility, allocation, administration, evidence review, safety, privacy, and enforcement specified by this Act. They shall not establish new categories of prohibited curricular viewpoints, create criminal offenses, increase the appropriation ceiling, or condition unrelated Federal funding on participation.
SEC. 1610. REPORTING, EVALUATION, AND REAUTHORIZATION REVIEW.
(a) Annual report.—Beginning 18 months after enactment and annually thereafter while funds remain active, the Secretary shall report allocations, obligations, outlays, participation, service quality, subgroup access, material adverse findings, corrective action, privacy incidents in aggregate, and administrative burden. Estimates shall distinguish modeled benefits from observed outcomes.
(b) Independent review.—The Comptroller General shall report to Congress at the end of program years 2, 5, and 9 concerning implementation, financial controls, educational and family access, scientific integrity, unintended consequences, and the adequacy of available evaluation evidence. The Inspector General retains independent investigative authority.
(c) Research integrity report.—The Secretary shall publish annually the scheduled and actual release dates of covered evidence products, documented delays, substantiated interference findings, and corrective action, with lawful confidentiality protections. The advisory council may publish a separate assessment.
(d) Reauthorization.—The year-9 review shall identify options for continuation, modification, consolidation, or termination of funded initiatives, including future staffing and maintenance liabilities. No recommendation automatically changes an appropriation or sunsets an independent legal right.
SEC. 1611. INTERAGENCY COORDINATION AND TRIBAL CONSULTATION.
(a) Accountability.—Each interagency agreement under this Act shall identify the statutory authority, responsible official, service standard, data safeguards, funding source, and reporting obligation. Administrative cooperation shall not transfer a statutory decision-making duty contrary to section 201.
(b) Consultation.—The Secretary shall conduct timely, meaningful government-to-government consultation with Indian Tribes concerning rules and allocations materially affecting Tribal education. Direct Tribal awards shall respect Tribal sovereignty, applicable Federal civil-rights obligations, and the terms of the accepted award.
(c) Joint administration.—The Secretaries of Education, Health and Human Services, Agriculture, Labor, and the Interior shall coordinate their assigned responsibilities without creating an additional cabinet department or an executive body insulated from constitutionally required supervision.
(d) Avoiding duplication.—The Secretary shall publish a crosswalk of programs under this Act and related existing programs within 1 year. Any proposed consolidation requiring statutory change shall be submitted as a recommendation, not implemented through guidance alone.