HR 9606
Less Bureaucracy, Better Child Care for Student Parents Act
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Bill overview
The Less Bureaucracy, Better Child Care for Student Parents Act transfers the Department of Education’s functions related to child care access for low-income college students to the Department of Health and Human Services. This includes all related personnel, assets, and appropriations. The Office of Management and Budget will oversee the transfer to ensure no net increase in federal employees, and existing programs and legal documents will continue to operate as they did before the transfer. The act takes effect six months after enactment, with some initial transfers permitted on the enactment date.
Key provisions
- Transfers child care access functions from the Department of Education to the Department of Health and Human Services.
- Transfers personnel, assets, liabilities, and appropriations associated with the transferred functions.
- The Office of Management and Budget will oversee the transfer to prevent a net increase in federal employees.
- Existing legal documents and programs will continue to operate as they did before the transfer.
- References to the Department of Education will be updated to refer to the Department of Health and Human Services.
- The Secretary of Health and Human Services can delegate transferred functions to designated officials.
- The act allows for the use of existing Department of Education services and personnel during the transition period.
- The act does not affect pending lawsuits or applications related to the transferred functions.
Who is affected
Sponsors
Official sponsors from legislative records.
Primary sponsor
Robert F. Onder
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119th CONGRESS — 2d Session
H. R. 9606
IN THE HOUSE OF REPRESENTATIVES
A BILL
To ensure that the Secretary of Health and Human Services will manage all functions related to child care access for low-income parents in postsecondary education, and for other purposes.
This Act may be cited as the Less Bureaucracy, Better Child Care for Student Parents Act
.
There are transferred to the Secretary of Health and Human Services (acting through the head of an Office of the Department of Health and Human Services that is in effect on the day before the date of enactment of this Act) all 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) under section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e).
Except as otherwise provided by law, the Secretary of Health and Human Services may, for purposes of performing a function under section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e), 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 Department of Health and Human Services. 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 Health and Human Services may delegate any of the functions transferred to the Secretary under this Act to such officers and employees of the Secretary as the Secretary may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Secretary of Health and Human Services under this section or under any other provision of this Act shall relieve the Secretary 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 Health and Human Services; and
the Department of Education shall be deemed to refer to the Department of Health and Human Services.
All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges—
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 Health and Human Services, any other authorized official, a court of competent jurisdiction, or operation of law.
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.
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 Health and Human Services and other officers of the Department of Health and Human Services, to which such function is transferred by this Act.
Beginning on the date of enactment of this Act, the Secretary of Health and Human Services 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.