S. 5046

119 S5046 IS: To prohibit the transfer of certain offices and functions of the Department of Education to other Federal agencies, and for other purposes.
 U.S. Senate
 2026-07-21
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 5046  IN THE SENATE OF THE UNITED STATES   July 21, 2026   Mr. Kaine  (for himself,  Ms. Collins , and  Ms. Murkowski ) introduced the following bill; which was read twice and referred to the  Committee on Health, Education, Labor, and Pensions    A BILL
To prohibit the transfer of certain offices and functions of the Department of Education to other Federal agencies, and for other purposes.
1.
Prohibition on transferring certain offices and functions of the Department of Education to other Federal agencies
(a)
In general
(1)
Prohibition
(A)
In general
Notwithstanding section 430 of the General Education Provisions Act ( 20 U.S.C. 1231 ), sections 203(c)(3), 415, and 419 of the Department of Education Organization Act ( 20 U.S.C. 3413(c)(3) , 3475, 3479), section 1535 of title 31, United States Code (commonly known as the  Economy Act ), and section 1501 of title 31, United States Code, and subject to subsection (b), the Secretary of Education shall not enter into any agreement, or implement any agreement existing on the date of enactment of this Act, with another Federal agency, or procure services from, contract or carry out an agreement with, obtain any goods or services from, transfer activities or appropriations to, use the research, equipment, services, or facilities of, jointly carry out projects of common interest with, or enter into a similar arrangement with, another Federal agency, relating to the functions (including administering or operating programs, making grant awards, carrying out technical assistance, enforcing rights and requirements (such as data collection and data sharing requirements), conducting administrative and oversight functions, and monitoring grantees, related to any program, project, or activity for which funds are appropriated to the Department of Education) of any of the Department of Education’s offices described in paragraph (2), including functions of the Secretary of Education related to programs administered by such offices.
(B)
Transferring functions and programs within the department
The Secretary of Education shall not transfer a function or program from an office described in paragraph (2) to another office of the Department of Education not described in paragraph (2), and subsequently enter into an agreement with another Federal agency relating to such function or program.
(2)
Offices
The offices of the Department of Education described in this paragraph are—
(A)
the Office of Special Education and Rehabilitative Services authorized under section 207 of the Department of Education Organization Act ( 20 U.S.C. 3417 );
(B)
the Office of Postsecondary Education authorized under section 205 of the Department of Education Organization Act ( 20 U.S.C. 3415 );
(C)
the Office of Indian Education authorized under section 215 of the Department of Education Organization Act ( 20 U.S.C. 3423c ); and
(D)
the Office of Elementary and Secondary Education authorized under section 204 of the Department of Education Organization Act ( 20 U.S.C. 3414 ).
(b)
Exception
This section shall not apply to—
(1)
any procurement, contract, agreement (including an agreement for obtaining goods or services), transfer, or similar arrangement, between the Department of Education and another Federal agency that was in effect on February 1, 2025; and
(2)
the renewal of such a procurement, contract, agreement, transfer, or similar arrangement described in this subsection if the renewal contains only the same, or substantially similar, terms.