[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 627 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 627
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 22, 2007
Mr. Van Hollen (for himself, Mr. George Miller of California, Mr.
Payne, Mr. Scott of Virginia, Ms. Woolsey, Mr. Hinojosa, Mr. Tierney,
Mr. Kucinich, Mrs. Davis of California, Mr. Davis of Illinois, Mr.
Grijalva, Mr. Bishop of New York, Mr. Sestak, Mr. Loebsack, Mr. Hare,
Mr. Baca, Mr. Berman, Mr. Bishop of Georgia, Ms. Bordallo, Mr. Boucher,
Ms. Corrine Brown of Florida, Mr. Carnahan, Mr. Chandler, Mrs.
Christensen, Mr. Clay, Mr. Cleaver, Mr. Cohen, Mr. Costello, Mr.
Cuellar, Mr. Cummings, Mr. DeFazio, Mr. Doyle, Mr. Engel, Mr.
Etheridge, Mr. Filner, Mr. Frank of Massachusetts, Mr. Al Green of
Texas, Mr. Gutierrez, Mr. Higgins, Mr. Klein of Florida, Mr. Lantos,
Mr. Larsen of Washington, Mr. Larson of Connecticut, Ms. Lee, Mr.
Lynch, Ms. McCollum of Minnesota, Mr. McGovern, Mrs. Maloney of New
York, Mr. Meehan, Ms. Moore of Wisconsin, Mrs. Napolitano, Mr. Ortiz,
Mr. Reyes, Mr. Rodriguez, Ms. Schakowsky, Ms. Sutton, and Mr. Wexler)
introduced the following bill; which was referred to the Committee on
Education and Labor, 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 Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2006
(Public Law 109-149) funded the No Child Left Behind Act of
2001 at $23,510,000,000 ($13,360,000,000 below its 2006
authorized level), causing 3,100,000 students not to receive
the 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 Improvement
Act committed the Congress to providing 40 percent of the
national current average per pupil expenditure for special
education students.
(7) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2006
(Public Law 109-149) funded the Individuals with Disabilities
Education Act Part B state grants at $10,700,000,000,
representing only 18 percent of the national current average
per pupil expenditures for special education students
(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 2007, an amount that equals the
difference between--
(A) 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
(B) $23,504,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(2) for fiscal year 2008, an amount that equals the
difference between--
(A) 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
(B) $28,315,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(3) for fiscal year 2009, an amount that equals the
difference between--
(A) 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
(B) $33,126,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(4) for fiscal year 2010, an amount that equals the
difference between--
(A) 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
(B) $37,938,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(5) for fiscal year 2011, an amount that equals the
difference between--
(A) 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
(B) $42,749,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(6) for fiscal year 2012, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2012
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $47,560,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher;
(7) for fiscal year 2013, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2013
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $52,371,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher; and
(8) for fiscal year 2014, an amount that equals the
difference between--
(A) the amount appropriated for fiscal year 2014
for programs under the Elementary and Secondary
Education Act of 1965, as amended by the No Child Left
Behind Act of 2001; and
(B) $57,182,000,000 or the full amount authorized
to be appropriated for that fiscal year for those
programs, whichever is higher.
(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)) is amended to read as
follows:
``(i) Mandatory Funding.--For the purpose of carrying out this
part, other than section 619, there are appropriated, out of any money
in the Treasury not otherwise appropriated--
``(1) $10,568,000,000 for fiscal year 2007;
``(2) $12,068,000,000 for fiscal year 2008;
``(3) $13,782,000,000 for fiscal year 2009;
``(4) $15,738,000,000 for fiscal year 2010;
``(5) $17,973,000,000 for fiscal year 2011;
``(6) $20,525,000,000 for fiscal year 2012;
``(7) $23,439,000,000 for fiscal year 2013;
``(8) $26,766,000,000 for fiscal year 2014;
``(9) $30,567,000,000 for fiscal year 2015; and
``(10) for fiscal year 2016 and each subsequent fiscal
year--
``(A) the number of children with disabilities in
the 2014-2015 school year in the States, outlying
areas, and freely associated States who received
special education and related services--
``(i) aged 3 through 5 if the States,
outlying areas, and freely associated States
are eligible for a grant under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) 40 percent of the average per-pupil
expenditure in public elementary schools and secondary
schools in the United States; adjusted by
``(C) the rate of annual change in the sum of--
``(i) 85 percent of such State's, outlying
area's, and freely associated State's
population described in subsection
(d)(3)(A)(i)(II); and
``(ii) 15 percent of such State's, outlying
area's, and freely associated State's
population described in subsection
(d)(3)(A)(i)(III).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2006.
SEC. 5. OFFSET.
The amounts appropriated by this Act and the amendments made by
this Act shall be expended consistent with pay-as-you-go requirements.
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