HouseH.R. 9611119th Congress
Less Bureaucracy, Better Higher Education Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9611 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9611
To ensure the Department of Labor will manage certain postsecondary
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
_______________________________________________________________________
A BILL
To ensure the Department of Labor will manage certain postsecondary
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 Higher
Education Act''.
SEC. 2. TRANSFER OF DEPARTMENT OF EDUCATION FUNCTIONS RELATED TO
CERTAIN POSTSECONDARY EDUCATION PROGRAMS.
(a) Transfers.--There are transferred to the Secretary of Labor
(acting through the Assistant Secretary of Labor for Employment and
Training Administration of the Department 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 Augustus F. Hawkins Center of Excellence Program
authorized under subpart 2 of part B of title II of the Higher
Education Act of 1965 (20 U.S.C. 1033 et seq.).
(2) The Strengthening Institutions programs authorized
under part A of title III of the Higher Education Act of 1965
(20 U.S.C. 1057 et seq.), other than sections 316, 317, 319,
and 320.
(3) The Strengthening Historically Black Colleges and
Universities Program authorized under part B of title III of
the Higher Education Act of 1965 (20 U.S.C. 1060 et seq.), and
for which amounts are made available under section 371 of such
Act (20 U.S.C. 1067q).
(4) The Historically Black College and University Capital
Financing program authorized under part D of title III of the
Higher Education Act of 1965 (20 U.S.C. 1066 et seq.).
(5) The Minority Science and Engineering Improvement
Program authorized under part E of title III of the Higher
Education Act of 1965 (20 U.S.C. 1067 et seq.).
(6) The Hispanic-serving institutions-Science, Technology,
Engineering, or Mathematics and Articulation Program authorized
under section 371(b)(2)(B) of the Higher Education Act of 1965
(20 U.S.C. 1067q(b)(2)(B)).
(7) The Federal TRIO Programs authorized under chapter 1 of
subpart 2 of part A of title IV of the Higher Education Act of
1965 (20 U.S.C. 1070a-11 et seq.).
(8) The Gaining Early Awareness and Readiness for
Undergraduate Programs authorized under chapter 2 of subpart 2
of part A of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070a et seq.).
(9) The Special Programs for Students whose Families are
Engaged in Migrant and Seasonal Farmwork authorized under
subpart 5 of part A of title IV of the Higher Education Act of
1965 (20 U.S.C. 1070d-2).
(10) The functions authorized under title V of the Higher
Education Act of 1965 (20 U.S.C. 1101 et seq.).
(11) The Graduate Assistance in Areas of National Need
program authorized under subpart 2 of part A of title VII of
the Higher Education Act of 1965 (20 U.S.C. 1135 et seq.).
(12) The Masters Degree Programs at Historically Black
Colleges and Universities and Predominantly Black Institutions
authorized under subpart 4 of part A of title VII of the Higher
Education Act of 1965 (20 U.S.C. 1136a et seq.).
(13) The Fund for the Improvement of Postsecondary
Education program authorized under part B of title VII of the
Higher Education Act of 1965 (20 U.S.C. 1138 et seq.).
(14) Demonstration Projects to Ensure Students with
Disabilities Receive a Quality Higher Education program
authorized under subpart 1 of part D of title VII of the Higher
Education Act of 1965 (20 U.S.C. 1140a et seq.).
(15) The Model Comprehensive Transition and Postsecondary
Programs for Students with Intellectual Disabilities authorized
under subpart 2 of part D of title VII of the Higher Education
Act of 1965 (20 U.S.C. 1140f et seq.).
(16) National Technical Assistance Center; Coordinating
Center authorized under subpart 4 of part D of title VII of the
Higher Education Act of 1965 (20 U.S.C. 1140p et seq.).
(17) The Centers of Excellence for Veteran Student Success
program authorized under part T of title VIII of the Higher
Education Act of 1965 (20 U.S.C. 1161t).
(18) The Modeling and Simulation Program authorized under
part V of title VIII of the Higher Education Act of 1965 (20
U.S.C. 1161v).
(19) All functions under laws relating to the relationship
between the Department of Education and Howard University.
(20) Projects overseen by the Office of Postsecondary
Education that the Secretary of Education determines are
congressionally funded community projects.
(b) Repeals.--The Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.) is amended by repealing each of the following:
(1) The Leveraging Educational Assistance Partnership
Program authorized under subpart 4 of part A of title IV (20
U.S.C. 1070c et seq.).
(2) The Robert C. Byrd Honors Scholarship Program
authorized under subpart 6 of part A of title IV (20 U.S.C.
1070d-31 et seq.).
(3) The College Access Challenge Grant Program authorized
under part E of title VII (20 U.S.C. 1141).
(4) The Project Grad program authorized under part A of
title VIII (20 U.S.C. 1161a).
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 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 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, 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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