Short title

This Act may be cited as the

Less Bureaucracy, Better Higher Education Act

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).

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.

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.

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.

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.

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.

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.

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.

10.

Definition of function

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

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.