[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 764 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 764
To require full funding of part A of title I of the Elementary and
Secondary Education Act of 1965 and the Individuals with Disabilities
Education Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2021
Mrs. Lee of Nevada (for herself, Mrs. Beatty, Mr. Blumenauer, Ms.
Bonamici, Mr. Carbajal, Mr. Casten, Ms. Craig, Mr. DeFazio, Mr.
DeSaulnier, Ms. Barragan, Mr. Gallego, Mr. Grijalva, Mr. Hastings, Mrs.
Hayes, Mr. Himes, Ms. Norton, Mr. Horsford, Ms. Jackson Lee, Mr.
Johnson of Georgia, Mr. Kilmer, Ms. Lee of California, Mr. Lowenthal,
Mr. Lynch, Ms. Moore of Wisconsin, Mr. Nadler, Mrs. Napolitano, Ms.
Omar, Mr. Pallone, Mr. Panetta, Mr. Payne, Ms. Porter, Mr. San Nicolas,
Mr. Sarbanes, Mr. Sires, Mr. Smith of Washington, Ms. Stevens, Ms.
Strickland, Ms. Titus, Ms. Tlaib, Mr. Trone, Mr. Vargas, and Ms.
Velazquez) introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
A BILL
To require full funding of part A of title I 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.
Congress finds the following:
(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 coronavirus pandemic has amplified the deep funding
inequities that exist in our education system.
(4) Part A of title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311 et seq.) helps address
inequity in education in school districts across the United
States to provide a high-quality education to every student.
(5) The Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) guarantees all children with disabilities
a first-rate education.
(6) The amendments made to such Act by the Individuals with
Disabilities Education Improvement Act of 2004 (Public Law 108-
446; 118 Stat. 2647) committed Congress to providing 40 percent
of the national current average per-pupil expenditure for
students with disabilities.
(7) A promise made must be a promise kept.
SEC. 3. MANDATORY FUNDING OF PART A OF TITLE I OF ESEA.
(a) Definition of Fiscal Year 2021 Part A of Title I
Appropriation.--In this section, the term ``fiscal year 2021 part A of
title I appropriation'' means the amount appropriated for fiscal year
2021 for programs under part A of title I of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
(b) Funding.--There are appropriated, out of any money in the
Treasury not otherwise appropriated--
(1) for fiscal year 2022, an amount that equals the
difference between--
(A) the fiscal year 2021 part A of title I
appropriation; and
(B) $18,325,069,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is greater;
(2) for fiscal year 2023, an amount that equals the
difference between--
(A) the fiscal year 2021 part A of title I
appropriation; and
(B) $20,306,717,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is greater;
(3) for fiscal year 2024, an amount that equals the
difference between--
(A) the fiscal year 2021 part A of title I
appropriation; and
(B) $22,502,657,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is greater;
(4) for fiscal year 2025, an amount that equals the
difference between--
(A) the fiscal year 2021 part A of title I
appropriation; and
(B) $24,936,064,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is greater;
(5) for fiscal year 2026, an amount that equals the
difference between--
(A) the fiscal year 2021 part A of title I
appropriation; and
(B) $27,632,615,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is greater;
(6) for fiscal year 2027, an amount that equals the
difference between--
(A) the fiscal year 2021 part A of title I
appropriation; and
(B) $30,620,768,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is greater;
(7) for fiscal year 2028, an amount that equals the
difference between--
(A) the fiscal year 2021 part A of title I
appropriation; and
(B) $33,932,056,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is greater;
(8) for fiscal year 2029, an amount that equals the
difference between--
(A) the fiscal year 2021 part A of title I
appropriation; and
(B) $37,601,422,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is greater;
(9) for fiscal year 2030, an amount that equals the
difference between--
(A) the fiscal year 2021 part A of title I
appropriation; and
(B) $41,667,588,000 or the full amount authorized
to be appropriated for the fiscal year for those
programs, whichever is greater; and
(10) for fiscal year 2031, $46,173,464,000 or the full
amount authorized to be appropriated for the fiscal year for
those programs, whichever is greater.
SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
Section 611(i) of the Individuals with Disabilities Education Act
(20 U.S.C. 1411(i)) is amended to read as follows:
``(i) Funding.--
``(1) In general.--For the purpose of carrying out this
part, other than section 619, there are authorized to be
appropriated--
``(A) $14,723,530,000 or 15.3 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2022, and there are hereby appropriated
$1,786,072,756 or 1.9 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2022, which shall become available for obligation
on July 1, 2022, and shall remain available through
September 30, 2023;
``(B) $16,756,178,000 or 17.0 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2023, and there are hereby appropriated
$3,818,720,700 or 3.9 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2023, which shall become available for obligation
on July 1, 2023, and shall remain available through
September 30, 2024;
``(C) $19,069,442,000 or 18.9 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2024, and there are hereby appropriated
$6,131,984,620 or 6.1 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2024, which shall become available for obligation
on July 1, 2024, and shall remain available through
September 30, 2025;
``(D) $21,702,062,000 or 21.1 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2025, and there are hereby appropriated
$8,764,604,783 or 8.5 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2025, which shall become available for obligation
on July 1, 2025, and shall remain available through
September 30, 2026;
``(E) $24,698,127,000 or 23.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2026, and there are hereby appropriated
$11,760,669,721 or 11.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2026, which shall become available for
obligation on July 1, 2026, and shall remain available
through September 30, 2027;
``(F) $28,107,812,000 or 26.1 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2027, and there are hereby appropriated
$15,170,354,582 or 14.1 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2027, which shall become available for
obligation on July 1, 2027, and shall remain available
through September 30, 2028;
``(G) $31,988,218,000 or 29.0 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2028, and there are hereby appropriated
$19,050,761,411 or 17.3 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2028, which shall become available for
obligation on July 1, 2028, and shall remain available
through September 30, 2029;
``(H) $36,404,332,000 or 32.3 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2029, and there are hereby appropriated
$23,466,875,446 or 20.8 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2029, which shall become available for
obligation on July 1, 2029, and shall remain available
through September 30, 2030;
``(I) $41,430,110,000 or 35.9 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2030, and there are hereby appropriated
$28,492,653,417 or 24.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2030, which shall become available for
obligation on July 1, 2030, and shall remain available
through September 30, 2031; and
``(J) $47,149,719,000 or 40 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2031 and each subsequent fiscal year,
and there are hereby appropriated $47,149,719,000 or 40
percent of the amount determined under paragraph (2),
whichever is greater, for fiscal year 2031 and each
subsequent fiscal year, which--
``(i) shall become available for obligation
with respect to fiscal year 2031 on July 1,
2031, and shall remain available through
September 30, 2032; and
``(ii) shall become available for
obligation with respect to each subsequent
fiscal year on July 1 of that fiscal year and
shall remain available through September 30 of
the succeeding fiscal year.
``(2) Amount.--With respect to each subparagraph of
paragraph (1), the amount determined under this paragraph is
the product of--
``(A) the total number of children with
disabilities in all States who--
``(i) received special education and
related services during the last school year
that concluded before the first day of the
fiscal year for which the determination is
made; and
``(ii) were aged--
``(I) 3 through 5 (with respect to
the States that were eligible for
grants under section 619); and
``(II) 6 through 21; and
``(B) the average per-pupil expenditure in public
elementary schools and secondary schools in the United
States.''.
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