Section 1 Short title
This Act may be cited as the “Less Bureaucracy, Better Tribal Education Act”.
Less Bureaucracy, Better Tribal Education Act
A BILL
To ensure the Department of Interior will manage all Tribal education and job training, and for other purposes.
Sec. 2 Transfer and repeal of Department of Education functions relating to Tribal education and job training
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:
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).
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).
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.).
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.).
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.).
The State-Tribal Education Partnership program authorized under section 6132 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7452).
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).
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.).
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).
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).
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).
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).
Grants to Alaska Native-serving and Native Hawaiian-serving institutions—
authorized under section 317 of the Higher Education Act of 1965 (20 U.S.C. 1059d); and
for which funds are made available under section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q).
Grants to American Indian Tribally Controlled Colleges and Universities—
authorized under section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c); and
for which funds are made available under section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q).
Grants to Asian American and Native American Pacific Islander-serving institutions—
authorized under section 320 of the Higher Education Act of 1965 (20 U.S.C. 1059g); and
for which funds are made available under section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q).
Grants to Native American-serving, non-Tribal institutions—
authorized under section 319 of the Higher Education Act of 1965 (20 U.S.C. 1059f); and
for which funds are made available under section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q).
The American Indian Vocational Rehabilitation Services program authorized under section 121 of the Rehabilitation Act of 1973 (29 U.S.C. 741).
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.).
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.).
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).
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.).
American Indian Resilience in Education program authorized under section 11006(1) of the American Rescue Plan of 2021.
Repeal— The following provisions of law are repealed:
Part J of title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161j).
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
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.
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.
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.
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—
the Secretary of Education shall be deemed to refer to the Secretary of the Interior; and
the Department of Education shall be deemed to refer to the Department of the Interior.
Sec. 8 Savings provisions
Legal documents— All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges—
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
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),
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.
Suits— Except as provided in subsection (e)—
this Act shall not affect suits commenced before the effective date of this Act; and
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.
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.
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.
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—
the services of officers, employees, and other personnel of the Department of Education with regard to functions transferred under this Act;
assets of the Department of Education with regard to such functions; and
funds appropriated to such functions.
Sec. 10 Consultation
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—
Executive Order 13175 (65 Fed. Reg. 67249; relating to Consultation and Coordination With Indian Tribal Governments); and
Executive Order 13592 (76 Fed. Reg. 76603; relating to Improving American Indian and Alaska Native Educational Opportunities and Strengthening Tribal Colleges and Universities).
Response—
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.
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
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.
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—
beginning on the date on which the Secretary of Education publishes the written response described in subsection (b) of section 10; and
ending on the effective date of this Act.