To prohibit the transfer of certain offices and functions of the Department of Education to other Federal agencies, and for other purposes.
- Sponsor
- Rep. Mannion, John W. [D-NY-22]
- Committees
- Education and Workforce Committee (primary)
- Last action
- Sep 2, 2026
Bottom line
H.R. 10232 aims to prevent the Department of Education from reorganizing or outsourcing core functions of key educational offices and mandates transparency on existing interagency agreements.
What it actually does
This bill prohibits the Department of Education (DoE) from transferring the functions of its Office of Special Education and Rehabilitative Services, Office of Postsecondary Education, Office of Indian Education, and Office of Elementary and Secondary Education to other federal agencies. It also requires the DoE to provide quarterly cost analyses of interagency agreements entered into since February 1, 2025, to Congress and the public, with a penalty for non-compliance related to the Secretary's travel funds.
Proponents argue
Proponents argue that this bill protects the integrity and specialized expertise within the Department of Education's core offices, ensuring that critical educational programs, especially those serving vulnerable populations like students with disabilities, Native American students, and postsecondary learners, remain under the direct purview of the DoE. They contend that transferring these functions could dilute focus, reduce accountability, and disrupt services, while the mandated cost analysis promotes fiscal transparency and oversight of interagency agreements.
Opponents contend
Opponents might argue that this bill unduly restricts the Secretary of Education's administrative flexibility and authority to streamline operations or leverage expertise from other federal agencies where beneficial. They may contend that such prohibitions could hinder efficient government, prevent innovative partnerships, or make it more difficult to adapt to evolving educational needs and administrative best practices. Some might also view the reporting requirements as overly burdensome.
The bill is short and relatively easy to read, allowing for a quick understanding of its core provisions within the typical time allotted for legislative review.
Section 1(a)(1)(A)
Prohibition on Transfer of Core DoE Office Functions
This provision explicitly forbids the Secretary of Education from entering into or implementing agreements with other federal agencies that would transfer the functions of four specific Department of Education offices. These functions include administering programs, making grant awards, providing technical assistance, enforcing rights, collecting data, and conducting oversight. The prohibition overrides several existing statutes that typically allow for such interagency transfers, ensuring that these core educational responsibilities remain within the DoE.
Supporters argue
Supporters argue that this provision is crucial for maintaining the specialized expertise and accountability within the Department of Education for these vital areas. They contend that transferring these functions to other agencies, which may lack specific educational mandates or experience, could lead to less effective program administration, reduced oversight, and a fragmentation of federal education policy. Keeping these functions consolidated within the DoE ensures a coherent national strategy for education.
Critics contend
Critics might argue that this prohibition is overly rigid and could prevent the Department from pursuing beneficial interagency collaborations or reorganizations that could improve efficiency or leverage broader federal resources. They may suggest that in some cases, another agency might possess complementary expertise or infrastructure that could enhance program delivery, and this bill removes that flexibility, potentially stifling innovation or cost-saving measures.
Tradeoffs
The provision balances the desire for specialized focus and accountability within the DoE against the potential for administrative flexibility and interagency collaboration. It prioritizes maintaining a dedicated educational focus over the possibility of cross-agency efficiencies or shared resources.
Section 1(a)(1)(B)
Prohibition on Internal DoE Transfers as a Precursor to External Transfers
This subsection prevents the Secretary of Education from circumventing the primary prohibition by first transferring a function or program from one of the protected offices to another DoE office not explicitly listed, and then subsequently transferring that function or program to another federal agency. This aims to close a potential loophole, ensuring that the spirit of the prohibition on external transfers for core functions is maintained.
Section 1(b)
Exception for Existing Interagency Agreements
This section provides an exception to the general prohibition, stating that any procurement, contract, agreement, transfer, or similar arrangement between the Department of Education and another Federal agency that was already in effect on February 1, 2025, is not subject to the new restrictions. Furthermore, the renewal of such existing arrangements is also permitted, provided the terms remain the same or substantially similar. This allows ongoing collaborations to continue without disruption.
Section 2(a)
Mandatory Quarterly Cost Analysis and Reporting
This provision requires the Secretary of Education to provide detailed quarterly reports to specific Congressional committees and the public on the Department's website. These reports must analyze the actual and estimated financial obligations for all interagency agreements entered into on or after February 1, 2025, comparing them to expenditures from fiscal year 2024. The analysis must cover various cost categories, including grant administration, training, staff transfers, facility/technology upgrades, overhead, contract changes, and reductions in force.
Section 2(b)
Prohibition on Secretary's Travel Funds for Non-Compliance
This subsection establishes a penalty for the Secretary of Education's failure to provide the mandated quarterly cost analysis reports. If the Secretary does not provide the required information, funds allocated to the Department of Education for fiscal years 2026 or 2027 under 'Program Administration' or 'Student Aid Administration' cannot be used for the Secretary's travel expenses. This provides a direct incentive for compliance with the reporting requirements.
The bill explicitly overrides several existing statutes that typically grant the Secretary of Education authority to enter into interagency agreements or transfer functions: 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.
Section 1(a)(1)(A)
Why it matters:This is standard legislative practice to ensure legal clarity and explicitly state which existing authorities are being superseded. It's not necessarily evasive but requires legal expertise to fully appreciate its implications.
Case for: Supporters would argue that explicitly overriding these statutes is critical to ensure the bill's prohibitions are legally robust and cannot be easily challenged or circumvented by relying on prior authorizations for interagency transfers. It provides a clear legal foundation for the new restrictions.
Case against: Opponents might argue that overriding such a broad range of established authorities, particularly the Economy Act which facilitates interagency cooperation, could create unforeseen legal complexities or hinder legitimate and efficient government operations that rely on these existing frameworks for collaboration.
Estimated impact: This impacts the legal framework governing interagency agreements for the specified DoE offices, fundamentally altering the Secretary's authority in this domain.