[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2694 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2694

  To require full funding of part A of title I of the Elementary and 
Secondary Education Act of 1965, as amended by the No Child Left Behind 
                              Act of 2001.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2005

    Mr. Moore of Kansas (for himself, Mr. Ramstad, Mr. Tanner, Mr. 
   Jefferson, Mr. Israel, Mr. Weiner, Mr. Rothman, Mr. Doggett, Mr. 
Nadler, Ms. McCollum of Minnesota, Mr. Owens, Mr. Case, Mr. Gordon, Mr. 
   Matheson, Mr. Ford, Mr. Michaud, and Ms. Woolsey) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
  To require full funding of part A of title I of the Elementary and 
Secondary Education Act of 1965, as amended by the No Child Left Behind 
                              Act of 2001.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keeping Our Promises to America's 
Children Act of 2005''.

SEC. 2. MORATORIUM ON COMPLIANCE WITH ADEQUATE YEARLY PROGRESS 
              REQUIREMENTS THAT ARE NOT FULLY FUNDED.

    (a) In General.--If, for a fiscal year, appropriations for a 
program, project, or activity under part A of title I of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), as 
amended by the No Child Left Behind Act of 2001 (Public Law 107-110; 
115 Stat. 1425), are less than the amount authorized by law to be 
appropriated for the program, project, or activity for that fiscal year 
and, by reason of the insufficient appropriation, a recipient of funds 
under that part receives inadequate funding--
            (1) the recipient may, as determined appropriate by the 
        recipient, defer the commencement of, suspend, or modify the 
        administration of, the functions of the recipient under 
        subsections (b), (c), (e), (f), and (g) of section 1116 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6316(b), (c), (e), (f), and (g)) with respect to the program, 
        project, or activity; and
            (2) the Secretary of Education shall ensure that no 
        penalty, sanction, condition, denial of waiver, reduction of 
        support, or other negative consequence otherwise applicable 
        under part A of title I of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6311 et seq.) shall apply to 
        the recipient because of action taken by the recipient under 
        paragraph (1).
    (b) Definitions.--As used in this section:
            (1) Recipient of funds.--The term ``recipient of funds'' 
        means, with respect to part A of title I of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), a 
        local educational agency or a State educational agency that is 
        a recipient funds under that part.
            (2) Inadequate funding.--The term ``inadequate funding'' 
        means, with respect to a local educational agency or a State 
        educational agency, funding in an amount that is less than the 
        amount the recipient would have received if the amount 
        authorized by law for the program, project, or activity 
        involved had been appropriated in full.
            (3) Local educational agency and state educational 
        agency.--The terms ``local educational agency'' and ``State 
        educational agency'' have the meanings given those terms in 
        section 9101(26) and section 9101(41), respectively, of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801(26) and 7801(41)).
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