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United States

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.

Health, Education, Labor, and Pensions Committee · Sen. Timothy Kaine (D-VA)

Official summary (Congressional Research Service, Reported to Senate): 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 cost analysis for each interagency agreement entered into on or after February 1, 2025. ED may not use specified FY2026 or FY2027 funds for travel expenses unless ED provides this required information.

(As of July 30, 2026, ED has entered into 14 interagency agreements to transfer functions of ED to other federal agencies, including the ED offices listed in the bill.)

Reported by committee 4 August 2026

Record as of 4 August 2026 — the most recent action in the official record. Status can lag; each step below carries its own date.

  1. 4 August 2026 Reported by committee

    What's next: Floor scheduling (leadership decides if and when it gets a vote)

  2. 4 August 2026 Placed on calendar (Senate)
  3. 1 more action
    1. 30 July 2026 Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment favorably.
  4. 21 July 2026 Referred to committee
  5. 21 July 2026 Introduced in Senate
This path starts where the bill does — its first action in the official record. Routine procedural steps sit in the “more actions” rows above rather than on the main line.