[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5046 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 541
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, Ms. Murkowski, Ms. Baldwin, Ms. 
 Hassan, and Mr. Van Hollen) introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

                             August 4, 2026

               Reported by Mr. Cassidy, with an amendment
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 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 415 and 419 of the Department of Education 
                Organization Act (20 U.S.C. 3475 and 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 (including 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.

SEC. 2. COST ANALYSIS.

    (a) In General.--Not later than 14 days after the date of enactment 
of this Act and each quarter thereafter, the Secretary of Education 
shall, for each interagency agreement entered into on or after February 
1, 2025, by the Secretary with another Federal agency, provide to the 
Committee on Health, Education, Labor, and Pensions and the Committee 
on Appropriations of the Senate, and the Committee on Education and 
Workforce and the Committee on Appropriations of the House of 
Representatives, and make available to the public in an easily 
accessible format on the Department's website, a detailed analysis and 
report that contains information on the actual and estimated 
obligations for implementing each interagency agreement by each party 
to such agreements and a comparison to actual expenditures for carrying 
out such responsibilities for fiscal year 2024. Each report required 
under this subsection shall contain, at a minimum, information on 
actual and estimated obligations for each of the following:
            (1) Grant administration, including outreach, grant 
        notices, competitions, review (including peer review), award 
        processes, disbursement, and monitoring.
            (2) Training and professional development of Department of 
        Education, other Federal agency, and State and local grantee 
        staff, such as training on transitioning to and using new grant 
        and payment systems, program administration, and application 
        processes.
            (3) Training of grantees and eligible grant applicants on 
        transitioning to and using new grant and payment systems and 
        processes.
            (4) Detailing, transferring, relocating, and onboarding 
        Department of Education staff to other Federal agencies.
            (5) Changes or upgrades to facilities at the Department of 
        Education or other Federal agencies.
            (6) Changes or upgrades to technology and infrastructure 
        used at the Department of Education or other Federal agencies, 
        or by State or local grantees implementing any such interagency 
        agreement.
            (7) Overhead and administrative expenses attributed to each 
        such interagency agreement.
            (8) Changes in costs of any contracts the Department of 
        Education enters into to carry out programs covered by any such 
        interagency agreement.
            (9) Reductions in force of Department of Education staff.
    (b) Prohibition on Use of Travel Funds.--None of the funds made 
available to the Department of Education for fiscal year 2026 or 2027 
under the heading ``Program Administration'' or ``Student Aid 
Administration'' may be obligated or expended for travel expenses of 
the Secretary of Education unless the Secretary provides the 
information required in accordance with subsection (a).
                                                       Calendar No. 541

119th CONGRESS

  2d Session

                                S. 5046

_______________________________________________________________________

                                 A BILL

   To prohibit the transfer of certain offices and functions of the 
   Department of Education to other Federal agencies, and for other 
                               purposes.

_______________________________________________________________________

                             August 4, 2026

                       Reported with an amendment