[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1391 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. RES. 1391
Impeaching Linda M. McMahon, Secretary of Education, for high crimes
and misdemeanors.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2026
Ms. Bonamici (for herself, Mr. DeSaulnier, Mrs. Grijalva, Mr. Takano,
Mrs. Hayes, Ms. Escobar, Mr. Huffman, Ms. Williams of Georgia, Ms.
Simon, Ms. Tlaib, Ms. Salinas, Mr. Quigley, Mr. Garamendi, Ms. Matsui,
Ms. Dexter, Mr. Thanedar, and Ms. Tokuda) submitted the following
resolution; which was referred to the Committee on the Judiciary
_______________________________________________________________________
RESOLUTION
Impeaching Linda M. McMahon, Secretary of Education, for high crimes
and misdemeanors.
Resolved, That Linda M. McMahon, Secretary of Education, is
impeached for high crimes and misdemeanors, and that the following
articles of impeachment be exhibited to the United States Senate:
Articles of impeachment exhibited by the House of Representatives
of the United States of America in the name of itself and of the people
of the United States of America, against Linda M. McMahon, Secretary of
Education, in maintenance and support of its impeachment against her
for high crimes and misdemeanors.
article i: willful and systemic refusal to comply with the law
The Constitution provides that the House of Representatives ``shall
have the sole Power of Impeachment'' and that civil Officers of the
United States, including the Secretary of Education, ``shall be removed
from Office on Impeachment for, and Conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors''. In her conduct while Secretary of
Education, Linda M. McMahon, in violation of her oath to support and
defend the Constitution of the United States against all enemies,
foreign and domestic, to bear true faith and allegiance to the same,
and to well and faithfully discharge the duties of her office, has
willfully and systemically refused to comply with the laws of the
United States, in that:
During her tenure as Secretary of Education, Linda M. McMahon has
violated Federal law by illegally transferring the operations of 6
offices under the Department of Education to other Federal agencies.
These actions fundamentally obstruct the ability of the Department of
Education to conduct statutory oversight and disburse Federal funds
appropriated by Congress through its authority under article I of the
Constitution of the United States.
Section 204 of the Department of Education Organization Act (20
U.S.C. 3414) states that ``There shall be in the Department, an Office
of Elementary and Secondary Education, to be administered by the
Assistant Secretary for Elementary and Secondary Education appointed
under section 202(b). The Assistant Secretary shall administer such
functions affecting elementary and secondary education, both public and
private, as the Secretary shall delegate. There shall be within the
Office of Elementary and Secondary Education and directly under the
supervision of the Assistant Secretary for Elementary and Secondary
Education, an Office of Migrant Education, which shall be responsible
for the administration of programs established by part C of title I of
the Elementary and Secondary Education Act of 1965 and by subpart 5 of
part A of title IV of the Higher Education Act of 1965.''.
On September 30, 2025, Linda M. McMahon approved an interagency
agreement moving the provision of several essential programs and
services under the Elementary and Secondary Education Act of 1965 to
the Department of Labor's Employment and Training Administration. This
action represents a willful violation of the Department of Education
Organization Act (20 U.S.C. 3401 et seq.).
On February 20, 2026, Linda M. McMahon approved another interagency
agreement moving the provision of additional programs and services
under the Elementary and Secondary Education Act of 1965 to the
Department of Health and Human Services. This action represents a
willful violation of the Department of Education Organization Act (20
U.S.C. 3401 et seq.).
Section 205 of the Department of Education Organization Act (20
U.S.C. 3415) states that ``There shall be in the Department, an Office
of Postsecondary Education, to be administered by the Assistant
Secretary for Postsecondary Education appointed under section 202(b).
The Assistant Secretary shall administer such functions affecting
postsecondary education, both public and private, as the Secretary
shall delegate, and shall serve as the principal adviser to the
Secretary on matters affecting postsecondary education.''.
On September 30, 2025, Linda M. McMahon approved an interagency
agreement moving the provision of several essential programs and
services under the Higher Education Act of 1965 to the Employment and
Training Administration of the Department of Labor. This action
represents a willful violation of the Department of Education
Organization Act (20 U.S.C. 3401 et seq.).
On February 20, 2026, Linda M. McMahon approved another interagency
agreement moving the provision of additional programs and services
under the Higher Education Act of 1965 to the Bureau of Educational and
Cultural Affairs of the Department of State. This action represents a
willful violation of the Department of Education Organization Act (20
U.S.C. 3401 et seq.).
Section 206 of the Department of Education Organization Act (20
U.S.C. 3416) states that ``There shall be in the Department, an Office
of Career, Technical, and Adult Education, to be administered by the
Assistant Secretary for Career, Technical, and Adult Education
appointed under section 202(b). The Assistant Secretary shall
administer such functions affecting career, technical, an adult
education as the Secretary shall delegate, and shall serve as principal
adviser to the Secretary on matters affecting career, technical, and
adult education.''.
On May 21, 2025, Linda M. McMahon approved an interagency agreement
moving the provision of essential programs and services under the Carl
D. Perkins Career and Technical Education Act of 2006 to the Employment
and Training Administration of the Department of Labor. This action
represents a willful violation of the Department of Education
Organization Act (20 U.S.C. 3401 et seq.).
Section 207 of the Department of Education Organization Act (20
U.S.C. 3417) states that ``There shall be in the Department an Office
of Special Education and Rehabilitative Services, to be administered by
the Assistant Secretary for Special Education and Rehabilitative
Services appointed under section 202(b). Notwithstanding the provisions
of section 412, the Secretary shall delegate to the Assistant Secretary
all functions, other than administrative and support functions,
transferred to the Secretary under sections 301(a)(1) (with respect to
the bureau for the education and training of the handicapped),
301(a)(2)(H), and 301(a)(4).''.
On June 15, 2026, Linda M. McMahon approved an interagency
agreement moving the provision of essential programs and services under
the Individuals with Disabilities Education Act (formerly the Education
for All Handicapped Children Act) and the Rehabilitation Act of 1973 to
the Department of Health and Human Services. This action represents a
willful violation of the Department of Education Organization Act (20
U.S.C. 3401 et seq.).
Section 203 of the Department of Education Organization Act (20
U.S.C. 3413) states that ``There shall be in the Department an Office
for Civil Rights, to be administered by the Assistant Secretary for
Civil Rights appointed under section 202(b). Notwithstanding the
provisions of section 412 of this Act, the Secretary shall delegate to
the Assistant Secretary for Civil Rights all functions, other than
administrative and support functions, transferred to the Secretary
under section 301(a)(3).''.
On June 15, 2026, Linda M. McMahon approved an interagency
agreement moving the provision of essential programs and services under
the Civil Rights Act of 1964, the Education Amendments of 1972, the
Americans with Disabilities Act of 1990, the Rehabilitation Act of
1973, and the Age Discrimination Act of 1975 to the Civil Rights
Division of the Department of Justice. This represents a willful
violation of the Department of Education Organization Act (20 U.S.C.
3401 et seq.).
Section 215 of the Department of Education Organization Act (20
U.S.C. 3423c) states that ``There shall be in the Department an Office
of Indian Education (referred to in this section as `the Office') in
the Department of Education.''.
On September 30, 2025, Linda M. McMahon approved an interagency
agreement moving the provision of essential programs and services
related to American Indians under the Elementary and Secondary
Education Act of 1965, the Higher Education Act of 1965, the Carl D.
Perkins Career and Technical Education Act of 2006, the Individuals
with Disabilities Education Act (formerly the Education for All
Handicapped Children Act), and the Rehabilitation Act of 1973 to the
Department of the Interior. This represents a willful violation of the
Department of Education Organization Act (20 U.S.C. 3401 et seq.).
Although the Department of Education has framed these interagency
agreements as ``partnerships'', Linda M. McMahon has publicly made
statements referencing her plan to dismantle and eliminate the
Department of Education, demonstrating a willful intent to violate the
Department of Education Organization Act (20 U.S.C. 3401 et seq.),
including--
(1) in a Fox News opinion editorial, Linda M. McMahon
stated, ``I took office as Secretary of Education with a
mission unlike any of my predecessors: to oversee the
responsible and permanent closure of the very department I now
lead''; and
(2) in a USA Today opinion editorial, Linda M. McMahon
stated, ``The Trump administration will succeed where President
Ronald Reagan and other conservative leaders did not . . . The
Schumer shutdown underlined just how little the Department of
Education will be missed''.
These statements represent a willful intent to unilaterally
dismantle and eliminate the Department of Education without approval by
Congress. As a Federal agency established by Congress in the Department
of Education Organization Act (20 U.S.C. 3401 et seq.), the Department
of Education cannot be dismantled, nor can statutory functions be
reassigned to another Federal agency without an Act of Congress.
Therefore, Linda M. McMahon's actions have violated Federal law.
Wherefore Linda M. McMahon, by such conduct, has demonstrated that
she will remain a threat to the Constitution if allowed to remain in
office, and has acted in a manner grossly incompatible with her duties
and the rule of law. Linda M. McMahon thus warrants impeachment and
trial, removal from office, and disqualification to hold and enjoy any
office of honor, trust, or profit under the United States.
article ii: false statements before congress
The Constitution provides that the House of Representatives ``shall
have the sole Power of Impeachment'' and that civil Officers of the
United States, including the Secretary of Education, ``shall be removed
from Office on Impeachment for, and Conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors''. In her conduct while Secretary of
Education, Linda M. McMahon, in violation of her oath to support and
defend the Constitution of the United States against all enemies,
foreign and domestic, to bear true faith and allegiance to the same,
and to well and faithfully discharge the duties of her office, has made
false statements during testimony before the United States Senate.
On February 13, 2025, Linda M. McMahon testified before the United
States Senate Committee on Health, Education, Labor, and Pensions.
During her testimony, McMahon made several deceptive and false
statements, willfully misleading Congress and demonstrating her
willingness to violate Federal law.
Linda M. McMahon repeatedly stated in her testimony that, under her
leadership, the Department of Education would disburse all
congressionally appropriated dollars in accordance with statute.
Senator Murray asked Linda M. McMahon ``if confirmed, do you commit
to getting every dollar we have invested in our students and schools
out to them?'' and McMahon responded, ``well, the appropriated dollars
and those monies that are passed by Congress, yes''.
Senator Murray asked, ``what will you do if the President or Elon
Musk tells you not to spend money Congress has appropriated to you?''
and McMahon responded, ``We will certainly expend those dollars that
Congress has passed, but I do think it is worthwhile to take a look at
the programs before money goes out the door''.
Senator Hassan asked a question about the President's attempt to
cut all Federal funding to New Hampshire. McMahon stated, ``Let me just
object to one point, and that is that the residents in the State of New
Hampshire should not be concerned that Federal funding is going to be
removed from their schools. How they get that Federal funding may
change''.
Senator Markey asked, ``Ms. McMahon, can you commit today to not
cutting funding for public schools in this country?'' and McMahon
responded, ``Well certainly what I'll commit to, sir, is that funding
for schools is appropriated by Congress and that funding should
continue''.
Senator Alsobrooks asked ``If you are confirmed, would you support
any directive from the President to freeze funds that have been
appropriated by Congress, including funds that students and families
rely on to pay for college?'' and McMahon replied, ``If they've been
appropriated by Congress, those funds should be disseminated''.
Despite repeated assurances that all congressionally appropriated
funding would be spent in accordance with the statute authorizing such
funding, and pledging to disburse this funding as Secretary, McMahon
has repeatedly contradicted these statements.
Since taking office on March 3, 2025, McMahon has made no effort to
reinstate the Institute of Education Sciences contracts that were
illegally canceled in February 2025, and has instead defended these
cancellations in both previous and ongoing lawsuits. Examples of these
canceled contracts include--
(1) 10 contracts for Regional Educational Laboratories,
which are congressionally authorized under the Education
Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.);
(2) a $500,000 contract to conduct studies for the
congressionally mandated evaluation of career and technical
education under the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.);
(3) a $22,739,370 contract to conduct a National Assessment
of Adult Education as part of a report provided to Congress;
and
(4) 18 grants totaling $226,000,000 awarded under the
Comprehensive Centers Program authorized under the Educational
Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.).
Linda M. McMahon has canceled or discontinued hundreds of Federal
grants, including $1,000,000,000 in grant funds for student mental
health under the Bipartisan Safer Communities Act and $168,000,000 in
Full-Service Community Schools grants under the Elementary and
Secondary Education Act of 1965. Congress authorized these grants with
bipartisan support and McMahon terminated them without congressional
approval.
In June 2025, the Department of Education notified colleges and
universities across the country that they would not receive funding for
the College Assistance Migrant Program, authorized under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.) and funded by Congress
under the Continuing Appropriations and Extensions Act, 2025 (Public
Law 118-83).
In September 2025, the Department of Education rejected or canceled
approximately 100 TRIO grants authorized under the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.) and funded by Congress under the
Continuing Appropriations and Extensions Act, 2025 (Public Law 118-83).
On September 10, 2025, Linda M. McMahon halted $350,000,000 in
Federal grant funds authorized under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) and funded by Congress under the Continuing
Appropriations and Extensions Act, 2025 (Public Law 118-83) for the
following programs:
(1) Strengthening Alaska Native and Native Hawaiian-Serving
Institutions (authorized under part A of title III of such
Act).
(2) Strengthening Predominantly Black Institutions
(authorized under part A of title III of such Act).
(3) Strengthening Asian American and Native American
Pacific Islander-Serving Institutions (authorized under part A
of title III of such Act).
(4) Strengthening Native American-Serving Nontribal
Institutions (authorized under part A of title III of such
Act).
(5) Minority Science and Engineering Improvement
(authorized under part E of title III of such Act).
(6) Developing Hispanic-Serving Institutions (authorized
under part A of title V of such Act).
(7) Promoting Postbaccalaureate Opportunities for Hispanic
Americans (authorized under part B of title V of such Act).
Linda M. McMahon's actions to cancel congressionally authorized
grant funding since taking office on March 3, 2025, demonstrate that
the statements made during her February 13, 2025, testimony were
knowingly, willfully, and materially false.
Wherefore Linda M. McMahon, by such conduct, has demonstrated that
she will remain a threat to the Constitution if allowed to remain in
office, and has acted in a manner grossly incompatible with her duties
and the rule of law. Linda M. McMahon thus warrants impeachment and
trial, removal from office, and disqualification to hold and enjoy any
office of honor, trust, or profit under the United States.
article iii: breach of public trust
The Constitution provides that the House of Representatives ``shall
have the sole Power of Impeachment'' and that civil Officers of the
United States, including the Secretary of Education, ``shall be removed
from Office on Impeachment for, and Conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors''. In her conduct while Secretary of
Education, Linda M. McMahon, in violation of her oath to well and
faithfully discharge the duties of her office, has breached the public
trust, in that:
Linda M. McMahon has terminated the employment or overseen the
departure of approximately 2,000 employees at the Department of
Education, affecting roughly half of the Department of Education's
total workforce.
On March 11, 2025, Linda M. McMahon announced a reduction in force
(referred to in this article as a ``RIF'') to cut the Department of
Education's workforce in half. The RIF included the termination of
1,378 employees without cause, including hundreds of employees in the
Office for Federal Student Aid and the Office for Civil Rights.
Later that year,