H.R. 9610: Less Bureaucracy, Better K–12 Education Act

This bill would move a large set of federal K–12 education programs out of the Department of Education and place them under the Secretary of Labor instead. In plain terms, it would shift responsibility for many elementary and secondary education grants, programs, and related functions from one Cabinet agency to another.

What programs would be moved

The bill transfers to the Department of Labor the federal government’s authority over many programs that currently sit in the Office of Elementary and Secondary Education at the Department of Education. These include, among others:

• Title I programs that provide aid to schools serving disadvantaged students
• State assessment grants
• Migrant education programs
• Programs for neglected, delinquent, or at-risk children and youth
• Teacher training and instructional support grants
• Literacy grants and literacy-related innovation grants
• American history and civics education grants
• English learner grants and related professional development
• Student support and academic enrichment grants
• 21st Century Community Learning Centers after-school programs
• Charter school and magnet school grant programs
• Arts education grants
• Rural school assistance programs
• Impact Aid
• Teacher Quality Partnership grants
• District of Columbia scholarship functions tied to the D.C. school voucher program
• Education for homeless children and youth
• Some federal community projects handled through the Office of Elementary and Secondary Education

How the transfer would work

The bill says the Secretary of Labor would take over the powers, duties, and responsibilities that the Secretary of Education currently has for those programs. It also says that existing staff, records, contracts, property, and unused appropriated funds connected to those programs would be transferred to the Department of Labor.

It also requires that money moved over under the bill must still be used for the same purposes Congress originally approved it for.

What happens to existing rules and cases

The bill tries to avoid interrupting ongoing operations. Existing grants, orders, rules, contracts, lawsuits, and pending applications would generally continue as if the transfer had not happened, unless they are later changed or ended under existing law.

Any references in federal law or regulations to the Secretary of Education or the Department of Education for these transferred programs would instead be treated as references to the Secretary of Labor or Department of Labor. The Office of Elementary and Secondary Education would be treated as part of the Labor Department’s Education Employment and Training Administration, and the Assistant Secretary for Elementary and Secondary Education would be treated as the Assistant Secretary of Labor for Employment and Training.

Transition and implementation

The bill allows the Secretary of Labor to use Education Department personnel, assets, and funds temporarily to help carry out the transfer. It also lets the Office of Management and Budget make necessary decisions about which functions move, how personnel and resources are reassigned, and how the transition is completed.

The bill states that, by the effective date, the Office of Management and Budget must certify to the relevant congressional committees that the act complies with its staffing limits.

When it would take effect

In general, the bill would take effect 6 months after enactment. However, some transfer-related actions could begin as soon as the bill is enacted, as long as they are completed by the effective date.

Relevant Companies

None found