S. 5046 · On the floor · Education

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

Sponsor: Tim Kaine (D-VA)

What it does

• Prohibit the Department of Education from transferring functions of four specified offices (Special Education and Rehabilitative Services, Postsecondary Education, Indian Education, and Elementary and Secondary Education
• Require the Department of Education to submit reports to Congress within 14 days of enactment and quarterly thereafter documenting all new interagency agreements with cost analyses.
• Block the Department of Education from using FY2026 and FY2027 travel funds unless required reporting on interagency agreements is completed.
• Exempt interagency agreements that were in effect on February 1, 2025, or renewals with substantially similar terms from the transfer prohibition.

Official summary

This bill prohibits the Department of Education (ED) from transferring specified offices and functions to other federal agencies. Specifically, the bill prohibits ED from entering into or carrying out interagency agreements related to the following four offices: the Office of Special Education and Rehabilitative Services, the Office of Postsecondary Education, the Office of Indian Education, and the Office of Elementary and Secondary Education. This prohibition applies to the transfer of functions such as administering or operating programs, making grants, carrying out technical assistance, enforcing rights and requirements (e.g., data collection requirements), conducting administrative and oversight functions, and monitoring grantees. Additionally, ED may not transfer a function or program of one of the four offices to another ED office and then subsequently enter into an interagency agreement related to the function or program. The bill does not apply to agreements in effect on February 1, 2025, or renewals with substantially similar terms. ED must, within 14 days of the bill's enactment and on a quarterly basis, provide to Congress (and publish on its website) a report and…

Latest action

Aug 4, 2026: Placed on Senate Legislative Calendar under General Orders. Calendar No. 541.

Committee: Senate Health, Education, Labor, and Pensions