HouseH.R. 9604119th Congress
Less Bureaucracy, Better Tribal Education Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9604 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9604
To ensure the Department of Interior will manage all Tribal education
and job training, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 2026
Mr. Owens introduced the following bill; which was referred to the
Committee on Education and Workforce
_______________________________________________________________________
A BILL
To ensure the Department of Interior will manage all Tribal education
and job training, 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 Tribal
Education Act''.
SEC. 2. TRANSFER AND REPEAL OF DEPARTMENT OF EDUCATION FUNCTIONS
RELATING TO TRIBAL EDUCATION AND JOB TRAINING.
(a) Transfer.--There are transferred to the Secretary of Interior
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:
(1) Demonstration grants program for American Indian
children and youth authorized under section 6121 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7441).
(2) 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).
(3) 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.).
(4) 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.).
(5) 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.).
(6) The State-Tribal Education Partnership program
authorized under section 6132 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7452).
(7) 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).
(8) 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.).
(9) The Native American Career and Technical Education
Program authorized under section 116 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2326).
(10) The Native Hawaiian Career and Technical Education
Program authorized under section 116 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2326).
(11) The Tribally Controlled Postsecondary Career and
Technical Institutions Program authorized under section 117 of
the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2327).
(12) The Native American and Alaska Native Children in
School (NAM) program authorized under section 3112 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6822).
(13) Grants to Alaska Native-serving and Native Hawaiian-
serving institutions--
(A) authorized under section 317 of the Higher
Education Act of 1965 (20 U.S.C. 1059d); and
(B) for which funds are made available under
section 371 of the Higher Education Act of 1965 (20
U.S.C. 1067q).
(14) Grants to American Indian Tribally Controlled Colleges
and Universities--
(A) authorized under section 316 of the Higher
Education Act of 1965 (20 U.S.C. 1059c); and
(B) for which funds are made available under
section 371 of the Higher Education Act of 1965 (20
U.S.C. 1067q).
(15) Grants to Asian American and Native American Pacific
Islander-serving institutions--
(A) authorized under section 320 of the Higher
Education Act of 1965 (20 U.S.C. 1059g); and
(B) for which funds are made available under
section 371 of the Higher Education Act of 1965 (20
U.S.C. 1067q).
(16) Grants to Native American-serving, non-Tribal
institutions--
(A) authorized under section 319 of the Higher
Education Act of 1965 (20 U.S.C. 1059f); and
(B) for which funds are made available under
section 371 of the Higher Education Act of 1965 (20
U.S.C. 1067q).
(17) The American Indian Vocational Rehabilitation Services
program authorized under section 121 of the Rehabilitation Act
of 1973 (29 U.S.C. 741).
(18) The American Indian Education Formula Grants
authorized under subpart 1 of part A of title VI of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7421
et seq.).
(19) The American Indian education-related Research and
Development Infrastructure Grant program authorized under part
B of title VII of the Higher Education Act of 1965 (20 U.S.C.
1138 et seq.).
(20) The American Indian education-related Special
Education Grants to States program authorized under sections
611 and 619 of the Individuals with Disabilities Education Act
(20 U.S.C. 1411; 1419).
(21) The American Indian education-related Special
Education Grants for Infants and Families program authorized
under part C of title VI of the Individuals with Disabilities
Education Act (20 U.S.C. 1431 et seq.).
(22) American Indian Resilience in Education program
authorized under section 11006(1) of the American Rescue Plan
of 2021.
(b) Repeal.--The following provisions of law are repealed:
(1) Part J of title VIII of the Higher Education Act of
1965 (20 U.S.C. 1161j).
(2) Part Z of title VIII of the Higher Education Act of
1965 (20 U.S.C. 1161z).
SEC. 3. EXERCISE OF AUTHORITIES.
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.
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 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.
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 the termination of the affairs
of all entities terminated by this Act and for such 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 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.
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 the Interior; and
(2) the Department of Education shall be deemed to refer to
the Department of the Interior.
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 the Interior, 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 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.
(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 the Interior, or other appropriate official of the
Department of the Interior, 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 the Interior, and
other officers of the Department of the Interior, to which such
function is transferred by this Act.
SEC. 9. TRANSITION.
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--
(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. CONSULTATION.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Education shall consult and
coordinate with Indian Tribes on the provisions of this Act in
accordance with the policy of the Department of Education relating to
Consultation and Coordination with American Indian and Alaska Native
Tribal Governments developed pursuant to--
(1) Executive Order 13175 (65 Fed. Reg. 67249; relating to
Consultation and Coordination With Indian Tribal Governments);
and
(2) Executive Order 13592 (76 Fed. Reg. 76603; relating to
Improving American Indian and Alaska Native Educational
Opportunities and Strengthening Tribal Colleges and
Universities).
(b) Response.--
(1) In general.--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.
(2) Publication.--The written response described in
paragraph (1) shall be published on public website of the
Department.
SEC. 11. DEFINITION OF FUNCTION.
For purposes of this Act, the term ``function'' includes any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
SEC. 12. EFFECTIVE DATE.
(a) In General.--Except as provided in sections 9 and 10, this Act
and the amendments made by this Act shall take effect 1 year after the
date on which the Secretary of Education publishes the written response
described in subsection (b) of section 10.
(b) Early Implementation.--Notwithstanding subsection (a),
transfers of functions under section 2 or any other provision of this
Act (other than sections 9 and 10) may be carried out during the
period--
(1) beginning on the date on which the Secretary of
Education publishes the written response described in
subsection (b) of section 10; and
(2) ending on the effective date of this Act.
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