HouseH.R. 9610119th Congress

Less Bureaucracy, Better K–12 Education Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9610 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9610

 To ensure the Secretary of Labor will manage elementary and secondary 
              education programs, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2026

 Mr. Harris of North Carolina introduced the following bill; which was 
 referred to the Committee on Education and Workforce, and in addition 
    to the Committees on Financial Services, Natural Resources, and 
   Oversight and Government Reform, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To ensure the Secretary of Labor will manage elementary and secondary 
              education programs, 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 K-12 
Education Act''.

SEC. 2. TRANSFER OF DEPARTMENT OF EDUCATION FUNCTIONS RELATING TO THE 
              OFFICE OF ELEMENTARY AND SECONDARY EDUCATION.

    There are transferred to the Secretary of Labor 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) The Improving Academic Achievement of the Disadvantaged 
        formula grant program authorized under title I of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 
        et seq.).
            (2) Functions authorized under part A of title I of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 
        et seq.).
            (3) The Improving Academic Achievement of the Disadvantaged 
        State Assessment Grants program authorized under part B of 
        title I of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6361 et seq.), including the Competitive Grants for 
        State Assessments program authorized under section 1203(b)(1) 
        of such Act (20 U.S.C. 6363(b)(1)).
            (4) The Education of Migratory Children program authorized 
        under part C of title I of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6391 et seq.).
            (5) Prevention and Intervention Programs for Children and 
        Youth Who are Neglected, Delinquent, or At-Risk authorized 
        under part D of title I of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6421 et seq.).
            (6) The Supporting Effective Instruction State Grants 
        program authorized under part A of title II of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6611 et seq.).
            (7) The Teacher and School Leader Incentive program 
        authorized under subpart 1 of part B of title II of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6631 
        et seq.).
            (8) The Comprehensive Literacy State Development Grants 
        program authorized under section 2222 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6642).
            (9) The Innovative Approaches to Literacy grant program 
        authorized under section 2226 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6646).
            (10) The American History and Civics Education program 
        authorized under subpart 3 of part B of title II of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661 
        et seq.).
            (11) The Supporting Effective Educator Development program 
        authorized under section 2242 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6672).
            (12) The English Language Acquisition State Grants program 
        authorized under part A of title III of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6811 et seq.), 
        including the National Professional Development program 
        authorized under section 3131 of such Act (20 U.S.C. 6861), 
        except for section 3112 of such Act (20 U.S.C. 6822).
            (13) The Student Support and Academic Enrichment (SSAE) 
        program authorized under part A of title IV of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.).
            (14) The 21st Century Community Learning Centers program 
        authorized under part B of title IV of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.).
            (15) The Expanding Opportunities through Quality Charter 
        Schools program authorized under part C of title IV of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221 
        et seq.).
            (16) The Magnet Schools Assistance program authorized under 
        part D of title IV of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7231 et seq.).
            (17) The Assistance for Arts Education program authorized 
        under section 4642 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7292).
            (18) The Small, Rural School Achievement program authorized 
        under subpart 1 of part B of title V of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7345 et seq.).
            (19) The Rural and Low-Income School program authorized 
        under subpart 2 of part B of title V of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7351 et seq.).
            (20) The Impact Aid program under title VII of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 
        et seq.).
            (21) The Teacher Quality Partnership Grant program 
        authorized under part A of title II of the Higher Education Act 
        of 1965 (20 U.S.C. 1022 et seq.).
            (22) Functions authorized under the District of Columbia 
        Scholarships for Opportunity and Results Act (division C of 
        Public Law 112-10).
            (23) The Education for Homeless Children and Youths program 
        authorized under subtitle B of title VII of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11431 et seq.).
            (24) Authority regarding consolidated grants to the Insular 
        Areas authorized under section 501 of the Act entitled ``An Act 
        to authorize certain appropriations for the territories of the 
        United States, to amend certain Acts relating thereto, and for 
        other purposes'' (Public Law 95-134; 48 U.S.C. 1469a).
            (25) Projects overseen by the Office of Elementary and 
        Secondary Education of the Department of Education that the 
        Secretary of Education determines are congressionally funded 
        community projects.

SEC. 3. EXERCISE OF AUTHORITIES.

    Except as otherwise provided by law, the Secretary of Labor 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 Labor. 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 Labor may delegate any of the 
functions so transferred to such officers and employees of the 
Department of Labor 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 Labor 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 Labor;
            (2) the Department of Education shall be deemed to refer to 
        the Department of Labor;
            (3) the Office of Elementary and Secondary Education of the 
        Department of Education shall be deemed to refer to the 
        Education Employment and Training Administration of the 
        Department of Labor; and
            (4) the Assistant Secretary for Elementary and Secondary 
        Education shall be deemed to refer to the Assistant Secretary 
        of Labor for Employment and Training.

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 Labor, 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 Labor, or other appropriate official of the Department of 
Labor, 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 Labor, and other 
officers of the Department of Labor, to which such function is 
transferred by this Act.

SEC. 9. TRANSITION.

    Beginning on the date of enactment of this Act, the Secretary of 
Labor 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 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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