II
Calendar No. 541
119th CONGRESS
2d Session
S. 5046
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.
Prohibition on transferring certain offices and functions of the Department of Education to other Federal agencies
In general
Prohibition
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.
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.
Offices
The offices of the Department of Education described in this paragraph are—
the Office of Special Education and Rehabilitative Services authorized under section 207 of the Department of Education Organization Act (20 U.S.C. 3417);
the Office of Postsecondary Education authorized under section 205 of the Department of Education Organization Act (20 U.S.C. 3415);
the Office of Indian Education authorized under section 215 of the Department of Education Organization Act (20 U.S.C. 3423c); and
the Office of Elementary and Secondary Education authorized under section 204 of the Department of Education Organization Act (20 U.S.C. 3414).
Exception
This section shall not apply to—
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
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.
Cost analysis
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:
Grant administration, including outreach, grant notices, competitions, review (including peer review), award processes, disbursement, and monitoring.
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.
Training of grantees and eligible grant applicants on transitioning to and using new grant and payment systems and processes.
Detailing, transferring, relocating, and onboarding Department of Education staff to other Federal agencies.
Changes or upgrades to facilities at the Department of Education or other Federal agencies.
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.
Overhead and administrative expenses attributed to each such interagency agreement.
Changes in costs of any contracts the Department of Education enters into to carry out programs covered by any such interagency agreement.
Reductions in force of Department of Education staff.
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).
August 4, 2026
Reported with an amendment