Congress locks in Education Department's core functions, blocks agency transfers
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. · Filed by Tim Kaine (D-VA) · 5 cosponsors · Introduced Jul 21, 2026 · Reported out
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What it does
This bill prohibits the Department of Education from transferring its core functions—special education, postsecondary education, Indian education, and K-12 education—to other federal agencies through interagency agreements, contracts, or similar arrangements made after February 1, 2025. It requires the Secretary to report quarterly to Congress on the costs of any new interagency agreements and freezes travel funding for the Secretary until those reports are provided.
Why we flagged it
The bill's core function is to preserve the Department of Education's organizational structure and prevent the outsourcing of its statutory functions to other agencies, coupled with a transparency mechanism requiring cost reporting to Congress and the public.
What the text implies
- The bill's February 1, 2025 cutoff date grandfathers existing interagency agreements, meaning any transfers already negotiated or in process before that date remain legal—the bill only blocks NEW arrangements going forward.
- The travel-fund freeze on the Secretary is a compliance enforcement mechanism; it does not prevent the Secretary from traveling but conditions funding on reporting compliance, creating a potential bottleneck if reports are delayed.
The full analysis lists 4 implications of this text.
Who it affects
The bill protects the institutional integrity and accountability of the Department of Education by preventing the fragmentation of core education functions across multiple agencies, which could reduce transparency and complicate access to federal education programs for students, families, and grantees. The reporting requirement increases public visibility into interagency costs and decision-making.