[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5046 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5046
To prohibit the transfer of certain offices and functions of the
Department of Education to other Federal agencies, and for other
purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.
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