HR 9608
Less Bureaucracy, Better Family Engagement Act
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Bill overview
The Less Bureaucracy, Better Family Engagement Act transfers several programs and functions related to family engagement in education from the Department of Education to the Department of Health and Human Services. This includes programs focused on school safety, community support, Ready to Learn programming, and specific parts of the Elementary and Secondary Education Act. The Act also establishes procedures for transferring personnel, assets, and appropriations, and requires the Office of Management and Budget to ensure that the transfer doesn't increase the federal workforce. Finally, it provides for the continuation of existing legal documents and proceedings related to these transferred programs.
Key provisions
- Transfers family engagement programs from the Department of Education to the Department of Health and Human Services.
- Includes specific programs like the Community Support for School Success and National Activities for School Safety.
- Establishes procedures for transferring personnel, assets, and appropriations associated with the transferred functions.
- Requires the Office of Management and Budget to oversee the transfer and prevent a net increase in federal employees.
- Deems references to the Department of Education to refer to the Department of Health and Human Services.
- Allows for the continuation of existing legal documents and proceedings related to the transferred programs.
- Authorizes the Secretary of Health and Human Services to utilize Department of Education personnel, assets, and funds during the transition period.
- Sets a 6-month timeframe for the overall implementation of the Act, with some transfers permitted to begin on enactment.
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119th CONGRESS — 2d Session
H. R. 9608
IN THE HOUSE OF REPRESENTATIVES
A BILL
To ensure the Department of Health and Human Services will manage family engagement programs for elementary and secondary education, and for other purposes.
This Act may be cited as the Less Bureaucracy, Better Family Engagement Act
.
There are transferred to the Secretary of Health and Human Services 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:
Except as otherwise provided by law, the Secretary of Health and Human Services 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 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 so transferred to such officers and employees of the Department of Health and Human Services 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 Health and Human Services 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 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 Health and Human Services, 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 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.