[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 363 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 363

 To require full funding of the Elementary and Secondary Education Act 
      of 1965 and the Individuals with Disabilities Education Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 2005

   Mr. Van Hollen (for himself, Mr. George Miller of California, Ms. 
 Woolsey, Mr. Kildee, Mr. Owens, Mr. Payne, Mr. Andrews, Mr. Hinojosa, 
 Mrs. McCarthy, Mr. Tierney, Mr. Kind, Mr. Kucinich, Mr. Wu, Mr. Holt, 
   Mrs. Davis of California, Ms. McCollum of Minnesota, Mr. Davis of 
 Illinois, Mr. Case, Mr. Grijalva, Mr. Ryan of Ohio, Mr. Bishop of New 
  York, Mr. Scott of Virginia, Ms. Lee, Mr. Weiner, Mr. Crowley, Mrs. 
 Maloney, Mr. McDermott, Mr. Abercrombie, Mr. Pallone, Ms. Watson, Mr. 
   Barrow, and Mr. Wexler) introduced the following bill; which was 
   referred to the Committee on Education and the Workforce, and in 
    addition to the Committee on Appropriations, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To require full funding of the Elementary and Secondary Education Act 
      of 1965 and the Individuals with Disabilities Education Act.

    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 ``Keep Our Promise to America's 
Children and Teachers Act'' or the ``Keep Our PACT Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Children are our Nation's future and greatest treasure.
            (2) A high-quality education is the surest way for every 
        child to reach his or her full potential.
            (3) The No Child Left Behind Act of 2001 represents the 
        most sweeping revision of education policy in a generation.
            (4) The Consolidated Appropriations Act, 2005 (Pub. L. 108-
        447) funded the No Child Left Behind Act of 2001 at 
        $24,500,000,000 ($9,800,000,000 below its 2005 authorized 
        level), causing 2,400,000 students not to receive the extra 
        Title I help they were promised.
            (5) The Individuals with Disabilities Education Act 
        guarantees all children with disabilities a first-rate 
        education.
            (6) The Individuals with Disabilities Education Act 
        committed the Congress to providing 40 percent of the national 
        current average per pupil expenditure for special education 
        students.
            (7) The fiscal year Consolidated Appropriations Act, 2005 
        (Pub. L. 108-447) funded the Individuals with Disabilities 
        Education Act at $10,700,000,000, representing only 19 percent 
        of the national current average per pupil expenditure for 
        special education students and shortchanging 6,700,000 children 
        with disabilities.
            (8) A promise made must be a promise kept.

SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND ACT OF 2001.

    (a) Funding.--There are appropriated, out of any money in the 
Treasury not otherwise appropriated--
            (1) for fiscal year 2006, an amount that equals the 
        difference between the amount appropriated for fiscal year 2006 
        for programs under the Elementary and Secondary Education Act 
        of 1965, as amended by the No Child Left Behind Act of 2001, 
        and $36,867,000,000;
            (2) for fiscal year 2007, an amount that equals the 
        difference between the amount appropriated for fiscal year 2007 
        for programs under the Elementary and Secondary Education Act 
        of 1965, as amended by the No Child Left Behind Act of 2001, 
        and $39,442,000,000;
            (3) for fiscal year 2008, an amount that equals the 
        difference between the amount appropriated for fiscal year 2008 
        for programs under the Elementary and Secondary Education Act 
        of 1965, as amended by the No Child Left Behind Act of 2001, 
        and $40,428,000,000;
            (4) for fiscal year 2009, an amount that equals the 
        difference between the amount appropriated for fiscal year 2009 
        for programs under the Elementary and Secondary Education Act 
        of 1965, as amended by the No Child Left Behind Act of 2001, 
        and $41,439,000,000;
            (5) for fiscal year 2010, an amount that equals the 
        difference between the amount appropriated for fiscal year 2010 
        for programs under the Elementary and Secondary Education Act 
        of 1965, as amended by the No Child Left Behind Act of 2001, 
        and $42,475,000,000; and
            (6) for fiscal year 2011, an amount that equals the 
        difference between the amount appropriated for fiscal year 2011 
        for programs under the Elementary and Secondary Education Act 
        of 1965, as amended by the No Child Left Behind Act of 2001, 
        and $45,537,000,000.
    (b) Use of Funds.--Funds appropriated under subsection (a)--
            (1) shall be used to carry out the programs of the 
        Elementary and Secondary Education Act of 1965, as amended by 
        the No Child Left Behind Act of 2001; and
            (2) shall be allocated among such programs in the same 
        ratio as funds otherwise appropriated to carry out such 
        programs.

SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES 
              EDUCATION ACT.

    (a) In General.--Section 611(i) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1411(i)), as amended by the 
Individuals with Disabilities Education Improvement Act of 2004 (Public 
Law 108-446), is amended to read as follows:
    ``(i) Mandatory Funding.--For the purpose of carrying out this 
part, other than section 619, there are authorized to be appropriated, 
and there are appropriated--
            ``(1) $13,200,000,000 for fiscal year 2006;
            ``(2) $15,700,000,000 for fiscal year 2007;
            ``(3) $18,200,000,000 for fiscal year 2008;
            ``(4) $20,700,000,000 for fiscal year 2009;
            ``(5) $23,200,000,000 for fiscal year 2010;
            ``(6) $25,700,000,000 for fiscal year 2011; and
            ``(7) for fiscal year 2012 and each subsequent fiscal year, 
        the amount that is the total, for all States, of the maximum 
        amounts described in subsection (a)(2)(B).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2005.
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