HR 9602
Less Bureaucracy, Better International Foreign Gift Transparency Act
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Bill overview
This bill, the Less Bureaucracy, Better International Foreign Gift Transparency Act, transfers the Department of Education’s functions related to disclosing foreign gifts to the Department of State. It aims to improve transparency in international foreign gift and contract reporting by consolidating these responsibilities under a single agency. The bill also establishes procedures for personnel and funding transitions, and ensures continued operation of existing legal documents and proceedings.
Key provisions
- Transfers functions related to foreign gift disclosure from the Department of Education to the Department of State.
- Authorizes the Secretary of State to exercise existing authorities related to foreign gift reporting.
- Transfers personnel, assets, liabilities, and appropriations from the Department of Education to the Department of State.
- Requires the Office of Management and Budget to ensure no net increase in full-time equivalent employees.
- Establishes procedures for continued operation of existing legal documents and proceedings.
- Defines ‘function’ broadly to include duties, obligations, and programs.
- Allows for a 6-month transition period for implementing the changes, with some immediate transfers possible.
- Specifies that unexpended funds transferred to the Department of State must be used for their original authorized purpose.
Who is affected
- Department of State
- Department of Education
- Higher Education Institutions
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Primary sponsor
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119th CONGRESS — 2d Session
H. R. 9602
IN THE HOUSE OF REPRESENTATIVES
A BILL
To ensure the Department of State will manage all foreign gift and contract reporting done under section 117 of the Higher Education Act of 1965, and for other purposes.
This Act may be cited as the Less Bureaucracy, Better International Foreign Gift Transparency Act
.
There are transferred to the Secretary of State 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 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f).
Except as otherwise provided by law, the Secretary of State may, for purposes of performing a function under section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f), 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 State. 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 State 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 State 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 State; and
the Department of Education shall be deemed to refer to the Department of State.
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 State, 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 State, and other officers of the Department of State, to which such function is transferred by this Act.
Beginning on the date of enactment of this Act, the Secretary of State 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.