Less Bureaucracy, Better International Foreign Gift Transparency Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9602 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9602

  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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2026

 Mr. Baumgartner introduced the following bill; which was referred to 
                the Committee on Education and Workforce

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Less Bureaucracy, Better 
International Foreign Gift Transparency Act''.

SEC. 2. TRANSFER OF DEPARTMENT OF EDUCATION FUNCTIONS RELATED TO 
              DISCLOSURE OF FOREIGN GIFTS.

    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).

SEC. 3. EXERCISE OF AUTHORITIES.

    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.

SEC. 4. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    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.

SEC. 5. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET 
              WITH RESPECT TO FUNCTIONS TRANSFERRED.

    (a) Personnel Determinations.--The Director of the Office of 
Management and Budget shall ensure that this Act does not result in a 
net increase in full-time equivalent employees at the Federal agencies 
impacted by this Act, based on the number of such employees at such 
agencies on the date of enactment of this Act.
    (b) Function Determinations.--If necessary, the Director of the 
Office of Management and Budget shall make any determination of the 
functions that are transferred under this Act.
    (c) Incidental Transfers.--The Director of the Office of Management 
and Budget, at such time or times as the Director shall provide, may 
make such determinations as may be necessary with regard to the 
functions transferred by this Act, and to make such additional 
incidental dispositions of personnel, assets, liabilities, grants, 
contracts, property, records, and unexpended balances of 
appropriations, authorizations, allocations, and other funds held, 
used, arising from, available to, or to be made available in connection 
with such functions, as may be necessary to carry out the provisions of 
this Act. The Director shall provide for further measures and 
dispositions as may be necessary to effectuate the purposes of this 
Act.
    (d) Certification of Compliance.--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.

SEC. 6. DELEGATION AND ASSIGNMENT.

    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.

SEC. 7. REFERENCES.

    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--
            (1) the Secretary of Education shall be deemed to refer to 
        the Secretary of State; and
            (2) the Department of Education shall be deemed to refer to 
        the Department of State.

SEC. 8. SAVINGS PROVISIONS.

    (a) Legal Documents.--All orders, determinations, rules, 
regulations, permits, grants, loans, contracts, agreements, 
certificates, licenses, and privileges--
            (1) 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
            (2) 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.
    (b) Proceedings.--This Act shall not affect any proceedings or any 
application for any benefits, service, license, permit, certificate, or 
financial assistance pending on the effective date 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.
    (c) Suits.--Except as provided in subsection (e)--
            (1) this Act shall not affect suits commenced before the 
        effective date of this Act; and
            (2) 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.
    (d) Nonabatement of Actions.--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.
    (e) Continuance of Suits.--If, before the date on which a transfer 
of a function under this Act takes effect, the Secretary of Education 
or any officer or employee of the Department of Education in the 
official capacity as such an officer or employee is party to a suit 
relating to the function, then such suit shall be continued and the 
Secretary of State, or other appropriate official of the Department of 
State, shall be substituted or added as a party.
    (f) Administrative Procedure and Judicial Review.--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.

SEC. 9. TRANSITION.

    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--
            (1) the services of officers, employees, and other 
        personnel of the Department of Education with regard to 
        functions transferred under this Act;
            (2) assets of the Department of Education with regard to 
        such functions; and
            (3) funds appropriated to such functions.

SEC. 10. DEFINITION OF FUNCTION.

    For purposes of this Act, the term ``function'' includes any duty, 
obligation, power, authority, responsibility, right, privilege, 
activity, or program.

SEC. 11. EFFECTIVE DATE.

    (a) In General.--Except as provided in section 9, this Act and the 
amendments made by this Act shall take effect 6 months after the date 
of enactment of this Act.
    (b) Early Implementation.--Notwithstanding subsection (a), 
transfers of functions under section 2 or any other provision of this 
Act (other than section 9) may be carried out beginning on the date of 
enactment of this Act but not later than the effective date of this 
Act.
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