HR 9611
Less Bureaucracy, Better Higher Education Act
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Bill overview
The Less Bureaucracy, Better Higher Education Act transfers several postsecondary education programs currently overseen by the Department of Education to the Department of Labor. Specifically, it moves programs like the Augustus F. Hawkins Center of Excellence, Strengthening Institutions programs, and various TRIO programs to the Labor Department. The bill also repeals certain Higher Education Act provisions and establishes procedures for transferring personnel, assets, and appropriations. It aims to reduce bureaucratic oversight in higher education by shifting responsibilities to the Department of Labor.
Key provisions
- Transfers specific postsecondary education programs from the Department of Education to the Department of Labor.
- Repeals the Leveraging Educational Assistance Partnership Program, the Robert C. Byrd Honors Scholarship Program, the College Access Challenge Grant Program, and the Project Grad program.
- Authorizes the Secretary of Labor to exercise the authorities previously held by the Secretary of Education for the transferred functions.
- Establishes procedures for transferring personnel, assets, liabilities, and appropriations associated with the transferred functions.
- Requires the Director of the Office of Management and Budget to ensure that the transfer does not result in a net increase in full-time equivalent employees.
- Allows the Secretary of Labor to delegate functions transferred under the Act.
- Defines references to the Department of Education and its offices to refer to the Department of Labor and its equivalents.
- Provides for the continuation of existing legal documents, orders, and proceedings related to the transferred functions.
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119th CONGRESS — 2d Session
H. R. 9611
IN THE HOUSE OF REPRESENTATIVES
A BILL
To ensure the Department of Labor will manage certain postsecondary education programs, and for other purposes.
This Act may be cited as the Less Bureaucracy, Better Higher Education Act
.
There are transferred to the Secretary of Labor (acting through the Assistant Secretary of Labor for Employment and Training Administration of the Department of Labor) all the functions which the Secretary of Education exercised before the effective date of this Act (including all related functions of any officer or employee of the Department of Education) with respect to each of the following:
The Augustus F. Hawkins Center of Excellence Program authorized under subpart 2 of part B of title II of the Higher Education Act of 1965 (20 U.S.C. 1033 et seq.).
The Strengthening Historically Black Colleges and Universities Program authorized under part B of title III of the Higher Education Act of 1965 (20 U.S.C. 1060 et seq.), and for which amounts are made available under section 371 of such Act (20 U.S.C. 1067q).
The Minority Science and Engineering Improvement Program authorized under part E of title III of the Higher Education Act of 1965 (20 U.S.C. 1067 et seq.).
The Hispanic-serving institutions-Science, Technology, Engineering, or Mathematics and Articulation Program authorized under section 371(b)(2)(B) of the Higher Education Act of 1965 (20 U.S.C. 1067q(b)(2)(B)).
The Gaining Early Awareness and Readiness for Undergraduate Programs authorized under chapter 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.).
The functions authorized under title V of the Higher Education Act of 1965 (20 U.S.C. 1101 et seq.).
The Graduate Assistance in Areas of National Need program authorized under subpart 2 of part A of title VII of the Higher Education Act of 1965 (20 U.S.C. 1135 et seq.).
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by repealing each of the following:
The Robert C. Byrd Honors Scholarship Program authorized under subpart 6 of part A of title IV (20 U.S.C. 1070d–31 et seq.).
Except as otherwise provided by law, the Secretary of Labor may, for purposes of performing a function transferred under this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the Secretary of Education immediately before the effective date of the transfer of the function under this Act.
Except as otherwise provided in this Act, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred under this Act, subject to section 1531 of title 31, United States Code, shall be transferred to the Secretary of Labor. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated.
On the effective date of this Act, the Director of the Office of Management and Budget shall certify compliance with this Act, including the requirement under subsection (a), to the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
Except as otherwise expressly prohibited by law or otherwise provided in this Act, the Secretary of Labor may delegate any of the functions so transferred to such officers and employees of the Department of Labor as the Secretary may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the Secretary of Labor of responsibility for the administration of the function.
With regard to functions transferred under section 2, a reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to—
the Secretary of Education shall be deemed to refer to the Secretary of Labor;
the Department of Education shall be deemed to refer to the Department of Labor;
the Assistant Secretary for Elementary and Secondary Education shall be deemed to refer to the Assistant Secretary of Labor for Employment and Training.
All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges—
that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and
that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary of Labor, any other authorized official, a court of competent jurisdiction, or operation of law.
This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before the Department of Education (with respect to functions transferred by this Act). Such proceedings and applications shall continue, orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted.
Except as provided in subsection (e)—
this Act shall not affect suits commenced before the effective date of this Act; and
in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted.
No suit, action, or other proceeding commenced by or against the Department of Education (with respect to the functions transferred by this Act), or by or against any individual in the official capacity of such individual as an officer or employee of the Department of Education (with regard to functions transferred by this Act), shall abate by reason of the enactment of this Act.
Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the Secretary of Labor, and other officers of the Department of Labor, to which such function is transferred by this Act.
Beginning on the date of enactment of this Act, the Secretary of Labor is authorized to use, for such period of time as may reasonably be needed to facilitate the orderly implementation of this Act—
the services of officers, employees, and other personnel of the Department of Education with regard to functions transferred under this Act;
assets of the Department of Education with regard to such functions; and
funds appropriated to such functions.
For purposes of this Act, the term function includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.