A bill to prohibit the transfer of certain offices and functions of the Department of Education to other Federal agencies, and for other purposes.
Latest action (30 Jul 2026): Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment favorably.
What this bill does
S. 5046 would restrict the Department of Education from moving certain offices or their functions to other federal agencies. Specifically, the Secretary of Education would generally be barred from entering into or carrying out agreements with other federal agencies—such as contracts, transfers of activities or funding, or shared use of staff and facilities—involving the Office of Special Education and Rehabilitative Services, the Office of Postsecondary Education, the Office of Indian Education, or the Office of Elementary and Secondary Education. The Secretary also could not shift a program out of one of these offices to another part of the Department in order to later transfer it externally. Agreements already in effect as of February 1, 2025, and their substantially similar renewals, would be exempt.
The bill also requires the Secretary to report regularly, starting within 14 days of enactment and quarterly thereafter, on the costs of any interagency agreements entered into since February 1, 2025, covering items such as grant administration, staff training, relocation, facility and technology changes, and staff reductions. These reports must go to relevant House and Senate committees and be posted publicly. The bill would restrict use of certain administrative travel funds in fiscal years 2026 and 2027 if the Secretary fails to provide this reporting.
The bill primarily affects the Department of Education, its staff, and grant recipients such as states, school districts, and postsecondary institutions that rely on these offices' programs. It was introduced by Senator Kaine with bipartisan cosponsors and has been reported favorably, with an amendment, by the Senate Health, Education, Labor, and Pensions Committee. It would next need to be considered by the full Senate, and, if passed, by the House of Representatives, before it could be sent to the President.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
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 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.)
Timeline
30 Jul 2026
Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment favorably.
Common questions
- What does S. 5046 do?
- S. 5046 would restrict the Department of Education from moving certain offices or their functions to other federal agencies. Specifically, the Secretary of Education would generally be barred from entering into or carrying out agreements with other federal agencies—such as contracts, transfers of activities or funding, or shared use of staff and facilities—involving the Office of Special Education and Rehabilitative Services, the Office of Postsecondary Education, the Office of Indian Education, or the Office of Elementary and Secondary Education. The Secretary also could not shift a program out of one of these offices to another part of the Department in order to later transfer it externally. Agreements already in effect as of February 1, 2025, and their substantially similar renewals, would be exempt. The bill also requires the Secretary to report regularly, starting within 14 days of enactment and quarterly thereafter, on the costs of any interagency agreements entered into since February 1, 2025, covering items such as grant administration, staff training, relocation, facility and technology changes, and staff reductions. These reports must go to relevant House and Senate committees and be posted publicly. The bill would restrict use of certain administrative travel funds in fiscal years 2026 and 2027 if the Secretary fails to provide this reporting. The bill primarily affects the Department of Education, its staff, and grant recipients such as states, school districts, and postsecondary institutions that rely on these offices' programs. It was introduced by Senator Kaine with bipartisan cosponsors and has been reported favorably, with an amendment, by the Senate Health, Education, Labor, and Pensions Committee. It would next need to be considered by the full Senate, and, if passed, by the House of Representatives, before it could be sent to the President.
- Has S. 5046 become law?
- Not yet. As of 30 Jul 2026, S. 5046 is ordered reported.
- Who sponsored S. 5046?
- S. 5046 was sponsored by Sen. Timothy “Tim” Kaine [D-VA] (Democrat-VA), with 5 cosponsors.
- What's the latest action on S. 5046?
- Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment favorably. (30 Jul 2026).
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