Department of Education Protection Act

Bill Summary: H.R. 433 - Department of Education Protection Act

Overview

The Department of Education Protection Act (H.R. 433) is a legislative proposal introduced in the 119th Congress intended to prevent the reorganization, downsizing, or decentralization of the U.S. Department of Education. The bill seeks to freeze the Department's structure and staffing levels by prohibiting the use of previously appropriated funds for any activities that would alter its operational status.

Main Purpose and Intent

The primary intent of this bill is to safeguard the current organizational structure of the Department of Education. The sponsors argue that Congress plays a fundamental role in shaping federal agencies—including oversight, creating offices, and determining funding—and that the current design of the Department is essential for promoting student achievement and ensuring equal access to education.

Key Provisions

The bill contains one central restrictive mandate:

• Funding Prohibition: It prohibits the use of any funds made available by previous Appropriations Acts for the current fiscal year to implement a reorganization of the Department.
• Scope of "Reorganization": The ban specifically applies to any action that would:
  • Decentralize the Department.
  • Reduce staffing levels.
  • Alter the responsibilities, structure, authority, or functionality of the Department.
• Baseline Date: The bill establishes January 1, 2025, as the benchmark. Any change that deviates from the organizational and operational status as it existed on that date is prohibited under this Act.

Affected Entities

• U.S. Department of Education: The bill specifically protects the existing offices and institutes, including but not limited to:
  • Federal Student Aid
  • The Office for Civil Rights
  • The Institute of Education Sciences
  • The Office of Elementary and Secondary Education
  • The Office of Postsecondary Education
  • The Office of Special Education and Rehabilitative Services
• Executive Branch: The bill limits the authority of the Executive branch to restructure the agency without new, specific congressional funding or legislative approval.

Procedural Status

• Introduced: January 15, 2025.
• Current Status: The bill has been referred to the House Committee on Education and the Workforce.
• Sponsorship: Introduced by Rep. Jahana Hayes and supported by a broad coalition of co-sponsors.