,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ifjd ,,in ,,the ,,house ,,of ,,representatives ,july #i1 #bjbf,mr4 ,owens introduced the following bill2 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 training1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,less ,bureaucracy1 ,better ,tribal ,education ,act4 #b4 ,transfer and repeal of ,department of ,education functions relating to ,tribal education and job training 7a7 ,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 7including all related functions of any officer or employee of the ,department of ,education7 with respect to each of the following3 7#a7 ,demonstration grants program for ,american ,indian children and youth authorized under section #faba of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gdda74 7#b7 ,the ,indian ,education ,professional ,development ,grant program authorized under section #fabb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gddb74 7#c7 ,the ,alaska ,native ,education program authorized under part ,c of title ,,vi of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geda et seq474 7#d7 ,the ,native ,hawaiian ,education program authorized under part ,b of title ,,vi of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geaa et seq474 7#e7 ,the ,american ,indian ,education ,national ,activities authorized under subpart #c of part ,a of title ,,vi of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gdea et seq474 7#f7 ,the ,state-,tribal ,education ,partnership program authorized under section #facb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gdeb74 7#g7 ,the ,native ,american and ,alaska ,native ,language ,program authorized under section #facc of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gdec74 7#h7 ,the ,native ,american ,language ,resource ,center programs authorized under section #faca of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gdea71 section #b of the ,native ,american ,language ,resource ,center ,act of #bjbb 7#bj ,u4,s4,c4 #gdeg71 and the ,native ,american ,languages ,act 7#be ,u4,s4,c4 #bija et seq474 7#i7 ,the ,native ,american ,career and ,technical ,education ,program authorized under section #aaf of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcbf74 7#aj7 ,the ,native ,hawaiian ,career and ,technical ,education ,program authorized under section #aaf of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcbf74 7#aa7 ,the ,tribally ,controlled ,postsecondary ,career and ,technical ,institutions ,program authorized under section #aag of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcbg74 7#ab7 ,the ,native ,american and ,alaska ,native ,children in ,school 7,,nam7 program authorized under section #caab of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fhbb74 7#ac7 ,grants to ,alaska ,native-serving and ,native ,hawaiian-serving institutions-- 7,a7 authorized under section #cag of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;d72 and 7,b7 for which funds are made available under section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq74 7#ad7 ,grants to ,american ,indian ,tribally ,controlled ,colleges and ,universities-- 7,a7 authorized under section #caf of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c72 and 7,b7 for which funds are made available under section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq74 7#ae7 ,grants to ,asian ,american and ,native ,american ,pacific ,islander-serving institutions-- 7,a7 authorized under section #cbj of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;g72 and 7,b7 for which funds are made available under section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq74 7#af7 ,grants to ,native ,american-serving1 non-,tribal institutions-- 7,a7 authorized under section #cai of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;f72 and 7,b7 for which funds are made available under section #cga of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq74 7#ag7 ,the ,american ,indian ,vocational ,rehabilitation ,services program authorized under section #aba of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gda74 7#ah7 ,the ,american ,indian ,education ,formula ,grants authorized under subpart #a of part ,a of title ,,vi of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gdba et seq474 7#ai7 ,the ,american ,indian education-related ,research and ,development ,infrastructure ,grant program authorized under part ,b of title ,,vii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aach et seq474 7#bj7 ,the ,american ,indian education-related ,special ,education ,grants to ,states program authorized under sections #faa and #fai of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adaa2 #adai74 7#ba7 ,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 7#bj ,u4,s4,c4 #adca et seq474 7#bb7 ,american ,indian ,resilience in ,education program authorized under section #aajjf7a7 of the ,american ,rescue ,plan of #bjba4 7b7 ,repeal ,the following provisions of law are repealed3 7#a7 ,part ,j of title ,,viii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aafa;j74 7#b7 ,part ,z of title ,,viii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aafaz74 #c4 ,exercise of authorities ,except as otherwise provided by law1 the ,secretary of the ,interior may1 for purposes of performing a function transferred under this ,act1 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 ,act4 #d4 ,transfer and allocations of appropriations and personnel ,except as otherwise provided in this ,act1 the personnel employed in connection with1 and the assets1 liabilities1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds employed1 used1 held1 arising from1 available to1 or to be made available in connection with the functions transferred under this ,act1 subject to section #aeca of title #ca1 ,united ,states ,code1 shall be transferred to the ,secretary of the ,interior4 ,unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated4 #e4 ,authority of ,director of the ,office of ,management and ,budget with respect to functions transferred 7a7 ,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 ,act1 based on the number of such employees at such agencies on the date of enactment of this ,act4 7b7 ,function determinations ,if necessary1 the ,director of the ,office of ,management and ,budget shall make any determination of the functions that are transferred under this ,act4 7c7 ,incidental transfers ,the ,director of the ,office of ,management and ,budget1 at such time or times as the ,director shall provide1 may make such determinations as may be necessary with regard to the functions transferred by this ,act1 and to make such additional incidental dispositions of personnel1 assets1 liabilities1 grants1 contracts1 property1 records1 and unexpended balances of appropriations1 authorizations1 allocations1 and other funds held1 used1 arising from1 available to1 or to be made available in connection with such functions1 as may be necessary to carry out the provisions of this ,act4 ,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 ,act4 7d7 ,certification of compliance ,on the effective date of this ,act1 the ,director of the ,office of ,management and ,budget shall certify compliance with this ,act1 including the requirement under subsection 7a71 to the ,committee on ,education and ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 #f4 ,delegation and assignment ,except as otherwise expressly prohibited by law or otherwise provided in this ,act1 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 designate1 and may authorize successive redelegations of such functions as may be necessary or appropriate4 ,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 function4 #g4 ,references ,with regard to functions transferred under section #b1 a reference in any other ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of or relating to-- 7#a7 the ,secretary of ,education shall be deemed to refer to the ,secretary of the ,interior2 and 7#b7 the ,department of ,education shall be deemed to refer to the ,department of the ,interior4 #h4 ,savings provisions 7a7 ,legal documents ,all orders1 determinations1 rules1 regulations1 permits1 grants1 loans1 contracts1 agreements1 certificates1 licenses1 and privileges-- 7#a7 that have been issued1 made1 granted1 or allowed to become effective by the ,president1 any ,federal agency or official thereof1 or by a court of competent jurisdiction1 in the performance of any function that is transferred by this ,act2 and 7#b7 that are in effect on the effective date of such transfer 7or become effective after such date pursuant to their terms as in effect on such effective date71 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,president1 the ,secretary of the ,interior1 any other authorized official1 a court of competent jurisdiction1 or operation of law4 7b7 ,proceedings ,this ,act shall not affect any proceedings or any application for any benefits1 service1 license1 permit1 certificate1 or financial assistance pending on the date of the enactment of this ,act before the ,department of ,education 7with respect to functions transferred by this ,act74 ,such proceedings and applications shall continue1 orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made pursuant to such orders1 as if this ,act had not been enacted1 and orders issued in any such proceeding shall continue in effect until modified1 terminated1 superseded1 or revoked by a duly authorized official1 by a court of competent jurisdiction1 or by operation of law4 ,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 enacted4 7c7 ,suits ,except as provided in subsection 7e7-- 7#a7 this ,act shall not affect suits commenced before the effective date of this ,act2 and 7#b7 in all such suits1 proceeding shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this ,act had not been enacted4 7d7 ,nonabatement of actions ,no suit1 action1 or other proceeding commenced by or against the ,department of ,education 7with respect to the functions transferred by this ,act71 or by or against any individual in the official capacity of such individual as an officer or employee of the ,department of ,education 7with regard to functions transferred by this ,act71 shall abate by reason of the enactment of this ,act4 7e7 ,continuance of suits ,if1 before the date on which a transfer of a function under this ,act takes effect1 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 function1 then such suit shall be continued and the ,secretary of the ,interior1 or other appropriate official of the ,department of the ,interior1 shall be substituted or added as a party4 7f7 ,administrative procedure and judicial review ,except as otherwise provided by this ,act1 any statutory requirements relating to notice1 hearings1 action upon the record1 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 ,interior1 and other officers of the ,department of the ,interior1 to which such function is transferred by this ,act4 #i4 ,transition ,beginning on the date of enactment of this ,act1 the ,secretary of the ,interior is authorized to use1 for such period of time as may reasonably be needed to facilitate the orderly implementation of this ,act-- 7#a7 the services of officers1 employees1 and other personnel of the ,department of ,education with regard to functions transferred under this ,act2 7#b7 assets of the ,department of ,education with regard to such functions2 and 7#c7 funds appropriated to such functions4 #aj4 ,consultation 7a7 ,in general ,not later than #f months after the date of enactment of this ,act1 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-- 7#a7 ,executive ,order #acage 7#fe ,fed4 ,reg4 #fgbdi2 relating to ,consultation and ,coordination ,with ,indian ,tribal ,governments72 and 7#b7 ,executive ,order #aceib 7#gf ,fed4 ,reg4 #gffjc2 relating to ,improving ,american ,indian and ,alaska ,native ,educational ,opportunities and ,strengthening ,tribal ,colleges and ,universities74 7b7 ,response 7#a7 ,in general ,the ,secretary of ,education shall provide to ,indian ,tribes a written response to correspondence received from ,indian ,tribes pursuant to subsection 7a7 in accordance with the policy described in such subsection4 7#b7 ,publication ,the written response described in paragraph 7#a7 shall be published on public website of the ,department4 #aa4 ,definition of function ,for purposes of this ,act1 the term function includes any duty1 obligation1 power1 authority1 responsibility1 right1 privilege1 activity1 or program4 #ab4 ,effective date 7a7 ,in general ,except as provided in sections #i and #aj1 this ,act and the amendments made by this ,act shall take effect #a year after the date on which the ,secretary of ,education publishes the written response described in subsection 7b7 of section #aj4 7b7 ,early implementation ,notwithstanding subsection 7a71 transfers of functions under section #b or any other provision of this ,act 7other than sections #i and #aj7 may be carried out during the period-- 7#a7 beginning on the date on which the ,secretary of ,education publishes the written response described in subsection 7b7 of section #aj2 and 7#b7 ending on the effective date of this ,act4