H.R. 9611 — Less Bureaucracy, Better Higher Education Act

This section transfers to the Secretary of Labor all functions previously exercised by the Secretary of Education for 20 specified postsecondary programs, including the Augustus F. Hawkins Center of Excellence Program, Strengthening Institutions programs (except sections 316, 317, 319, and 320), the Strengthening Historically Black Colleges and Universities Program, the Historically Black College and University Capital Financing program, the Minority Science and Engineering Improvement Program, the Hispanic-serving institutions-STEM and Articulation Program, Federal TRIO Programs, Gaining Early Awareness and Readiness for Undergraduate Programs, Special Programs for Students whose Families are Engaged in Migrant and Seasonal Farmwork, title V programs, Graduate Assistance in Areas of National Need, Masters Degree Programs at Historically Black Colleges and Universities and Predominantly Black Institutions, the Fund for the Improvement of Postsecondary Education, programs for students with disabilities, Centers of Excellence for Veteran Student Success, the Modeling and Simulation Program, functions related to Howard University, and certain congressionally funded community projects. It also repeals (1) the Leveraging Educational Assistance Partnership Program, (2) the Robert C. Byrd Honors Scholarship Program, (3) the College Access Challenge Grant Program, and (4) the Project Grad program.

This section authorizes the Secretary of Labor to exercise all authorities under other provisions of law that were available to the Secretary of Education for performing any function transferred under this Act.

This section transfers to the Secretary of Labor the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations associated with functions transferred under this Act. Unexpended funds must be used only for the purposes for which they were originally authorized and appropriated.

This section directs the Director of the Office of Management and Budget to ensure the Act produces no net increase in full-time equivalent employees at affected Federal agencies, measured on the date of enactment. It authorizes the Director to determine transferred functions and to make incidental transfers of personnel, assets, liabilities, contracts, property, and unexpended balances, and to terminate the affairs of all entities ended by the Act. The Director must certify compliance with these requirements to the House Committee on Education and Workforce and the Senate Committee on Health, Education, Labor, and Pensions on the effective date.

This section authorizes the Secretary of Labor to delegate transferred functions to designated officers and employees of the Department of Labor, with authority for successive redelegations, while retaining responsibility for administration of those functions.

This section deems references in any federal law, executive order, rule, regulation, or related document to the Secretary of Education to refer to the Secretary of Labor, to the Department of Education to refer to the Department of Labor, to the Office of Elementary and Secondary Education to refer to the Education Employment and Training Administration, and to the Assistant Secretary for Elementary and Secondary Education to refer to the Assistant Secretary of Labor for Employment and Training, for functions transferred under section 2.

This section continues in effect all orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges issued under functions transferred from the Department of Education to the Department of Labor until modified, terminated, superseded, or revoked. It requires pending proceedings and applications before the Department of Education to continue as if the Act had not been enacted, preserves ongoing suits without abatement, and substitutes the Secretary of Labor or other Department of Labor officials as parties in suits relating to transferred functions.

This section authorizes the Secretary of Labor to use Department of Education personnel, assets, and appropriated funds for a reasonable period after enactment to facilitate the orderly transfer of functions under this Act.

This section delays the effective date of the Act and its amendments until 6 months after enactment, except for section 9. It permits transfers of functions under section 2 or other provisions to begin on the date of enactment.