What changed between these versions
A substantive amendment. v2 narrows the scope of the prohibition on transferring Department of Education functions by removing one specific statutory override and adds a new section requiring detailed quarterly cost analyses for interagency agreements. This new section also includes a prohibition on the Secretary's travel funds if reporting requirements are not met.
Overview
A handful of significant changes. · v2 slightly narrows the override scope of the prohibition in one aspect while significantly expanding oversight and reporting requirements for interagency agreements.
The most significant change in v2 is the addition of a new Section 2, which mandates quarterly cost analyses and reports on interagency agreements by the Department of Education to Congress and the public, along with a penalty for non-compliance. Additionally, Section 1(a)(1)(A) was modified to remove a specific statutory reference from the list of provisions overridden by the transfer prohibition, subtly narrowing its scope. A minor clarification was also made regarding the inclusion of data collection and sharing requirements.
Major additions
This new section mandates the Secretary of Education to provide detailed quarterly reports to specific Congressional committees and the public. These reports must analyze actual and estimated obligations for interagency agreements entered into on or after February 1, 2025, comparing them to fiscal year 2024 expenditures. It specifies nine categories of information to be included, such as grant administration, training, staff transfers, facility and technology upgrades, overhead, contract changes, and reductions in force. Furthermore, it prohibits the use of the Secretary's travel funds for FY2026 or FY2027 if these reports are not provided.
This addition significantly increases transparency and oversight over the Department of Education's interagency agreements. It imposes new reporting burdens on the Department and introduces a direct consequence for the Secretary if these requirements are not met, aiming to ensure accountability for how federal education funds are managed and transferred.
Modifications
The removal of section 203(c)(3) from the "notwithstanding" clause means that the prohibition on transfers no longer explicitly overrides this specific section of the Department of Education Organization Act. This could potentially allow transfers related to the functions of the Assistant Secretary for Elementary and Secondary Education if permitted by 203(c)(3) and not otherwise covered by the broader prohibition on office functions. The change from "such as" to "including" slightly clarifies that data collection and sharing requirements are explicitly covered within the scope of enforcing rights and requirements, making the language more definitive without altering the fundamental scope.
Before
The prohibition on the Secretary of Education entering into certain interagency agreements applied "Notwithstanding 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." It also described functions as "enforcing rights and requirements (such as data collection and data sharing requirements)".
After
The prohibition now applies "Notwithstanding section 430 of the General Education Provisions Act (20 U.S.C. 1231), sections 415 and 419 of the Department of Education Organization Act (20 U.S.C. 3475 and 3479), section 1535 of title 31, United States Code (commonly known as the "Economy Act"), and section 1501 of title 31, United States Code." The description of functions now reads "enforcing rights and requirements (including data collection and data sharing requirements)".
Scope
Meaningful expansion or narrowing — Changes are concentrated in Section 1(a)(1)(A) and a new, comprehensive Section 2. — v2 introduces a new policy direction focused on transparency and oversight of interagency agreements, which was not present in v1. The core prohibition on transfers remains, with a minor adjustment to its statutory override scope. — The new Section 2 creates new reporting obligations that interact with the Department of Education's administrative and financial management processes, particularly concerning interagency agreements. The modification in Section 1(a)(1)(A) subtly alters the interplay between the bill's prohibition and existing statutory authorities for the Department of Education.
Impact analysis
Department of Education (specifically the Secretary of Education and administrative staff)
Increased administrative burden and accountability; potential restriction on the Secretary's travel.
The Department is now required to produce detailed quarterly cost analyses and reports on interagency agreements to Congress and the public. The Secretary's travel funds are contingent on compliance.
Congressional Committees (Committee on Health, Education, Labor, and Pensions; Committee on Appropriations of the Senate; Committee on Education and Workforce; Committee on Appropriations of the House of Representatives)
Increased oversight capabilities.
These committees will receive regular, detailed financial reports on the Department of Education's interagency agreements.
The Public
Increased access to information and transparency.
The public will have access to detailed cost analyses and reports on the Department of Education's interagency agreements via the Department's website.
Functions related to the Assistant Secretary for Elementary and Secondary Education (specifically those covered by 20 U.S.C. 3413(c)(3))
Slightly reduced scope of the prohibition's override power, potentially allowing for more flexibility under 20 U.S.C. 3413(c)(3) if not otherwise prohibited.
The prohibition on transferring functions no longer explicitly overrides 20 U.S.C. 3413(c)(3).