HR 9604
Less Bureaucracy, Better Tribal Education Act
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Bill overview
This bill, the Less Bureaucracy, Better Tribal Education Act, proposes to transfer all federal education and job training functions currently managed by the Department of Education to the Department of the Interior. Specifically, this includes programs related to American Indian and Alaska Native education, vocational training, and grant programs. The bill aims to streamline tribal education administration by consolidating these responsibilities under the Interior Department, with certain provisions regarding personnel, funding, and ongoing legal proceedings.
Key provisions
- Transfers all Tribal education and job training functions from the Department of Education to the Department of the Interior.
- Includes functions such as demonstration grants, professional development grants, Alaska Native education programs, and Native Hawaiian education programs.
- Repeals specific sections of the Higher Education Act of 1965 and Carl D. Perkins Career and Technical Education Act of 2006 related to Tribal education.
- Authorizes the Secretary of the Interior to utilize Department of Education personnel, assets, and funds during a transition period.
- Establishes a process for the Office of Management and Budget to determine personnel needs and make necessary adjustments.
- Requires the Secretary of Education to consult with Indian Tribes regarding the implementation of the Act.
- Defines ‘function’ broadly to encompass various duties and responsibilities related to education.
- Sets a one-year timeframe for the full implementation of the Act, with an initial transition period.
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119th CONGRESS — 2d Session
H. R. 9604
IN THE HOUSE OF REPRESENTATIVES
A BILL
To ensure the Department of Interior will manage all Tribal education and job training, and for other purposes.
This Act may be cited as the Less Bureaucracy, Better Tribal Education Act
.
The Indian Education Professional Development Grant program authorized under section 6122 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7442).
The Alaska Native Education program authorized under part C of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7541 et seq.).
The Native Hawaiian Education program authorized under part B of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7511 et seq.).
The American Indian Education National Activities authorized under subpart 3 of part A of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7451 et seq.).
The State-Tribal Education Partnership program authorized under section 6132 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7452).
The Native American and Alaska Native Language Program authorized under section 6133 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7453).
The Native American Language Resource Center programs authorized under section 6131 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7451), section 2 of the Native American Language Resource Center Act of 2022 (20 U.S.C. 7457), and the Native American Languages Act (25 U.S.C. 2901 et seq.).
Grants to Alaska Native-serving and Native Hawaiian-serving institutions—
authorized under section 317 of the Higher Education Act of 1965 (20 U.S.C. 1059d); and
for which funds are made available under section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q).
authorized under section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c); and
authorized under section 320 of the Higher Education Act of 1965 (20 U.S.C. 1059g); and
for which funds are made available under section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q).
authorized under section 319 of the Higher Education Act of 1965 (20 U.S.C. 1059f); and
American Indian Resilience in Education program authorized under section 11006(1) of the American Rescue Plan of 2021.
The following provisions of law are repealed:
Part J of title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161j).
Except as otherwise provided by law, the Secretary of the Interior 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 the Interior. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated.
Except as otherwise expressly prohibited by law or otherwise provided in this Act, the Secretary of the Interior may delegate any of the functions so transferred to such officers and employees of the Department of the Interior 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 the Interior 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 the Interior; and
the Department of Education shall be deemed to refer to the Department of the Interior.
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 the Interior, 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 the Interior, and other officers of the Department of the Interior, to which such function is transferred by this Act.
Beginning on the date of enactment of this Act, the Secretary of the Interior 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.
The Secretary of Education shall provide to Indian Tribes a written response to correspondence received from Indian Tribes pursuant to subsection (a) in accordance with the policy described in such subsection.
The written response described in paragraph (1) shall be published on public website of the Department.
For purposes of this Act, the term function includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program.
ending on the effective date of this Act.