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

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

<DOC>

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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