HR 9610
Less Bureaucracy, Better K–12 Education Act
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Bill overview
The Less Bureaucracy, Better K–12 Education Act transfers several key functions currently handled by the Department of Education to the Secretary of Labor. Specifically, it moves programs related to improving academic achievement, teacher development, literacy, and special education initiatives under the Department of Labor’s purview. The bill also establishes procedures for transferring personnel, assets, and appropriations associated with these programs, aiming to reduce administrative burdens and potentially streamline K-12 education initiatives.
Key provisions
- Transfers functions related to Title I of the Elementary and Secondary Education Act to the Secretary of Labor.
- Transfers functions related to teacher and school leader incentive programs to the Secretary of Labor.
- Transfers the Comprehensive Literacy State Development Grants program to the Secretary of Labor.
- Transfers the American History and Civics Education program to the Secretary of Labor.
- Transfers the Supporting Effective Educator Development program to the Secretary of Labor.
- Transfers the English Language Acquisition State Grants program to the Secretary of Labor.
- Transfers the Student Support and Academic Enrichment (SSAE) program to the Secretary of Labor.
- Transfers the 21st Century Community Learning Centers program to the Secretary of Labor.
Who is affected
- Students in K-12 education
- Teachers and school leaders
- The Department of Labor
- The Department of Education
Sponsors
Official sponsors from legislative records.
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119th CONGRESS — 2d Session
H. R. 9610
IN THE HOUSE OF REPRESENTATIVES
A BILL
To ensure the Secretary of Labor will manage elementary and secondary education programs, and for other purposes.
This Act may be cited as the Less Bureaucracy, Better K–12 Education Act
.
There are transferred to the Secretary 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:
Functions authorized under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
The Impact Aid program under title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.).
Authority regarding consolidated grants to the Insular Areas authorized under section 501 of the Act entitled An Act to authorize certain appropriations for the territories of the United States, to amend certain Acts relating thereto, and for other purposes
(Public Law 95–134; 48 U.S.C. 1469a).
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.
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.