[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1202 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1202
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 SENATE OF THE UNITED STATES
April 19, 2023
Mr. Van Hollen (for himself, Mr. Padilla, Mr. Merkley, Mr. Lujan, Ms.
Baldwin, Ms. Duckworth, Mr. Reed, Mr. Cardin, Mr. Murphy, Mr. Durbin,
Mr. Markey, Ms. Warren, Ms. Hirono, Ms. Smith, Mr. Sanders, Ms.
Klobuchar, Mr. Blumenthal, Mr. Brown, Mr. Booker, and Mr. Bennet)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
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) 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.
(4) The Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.) guarantees all children with disabilities
a first-rate education.
(5) 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.
(6) 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 2023 Part A of Title I
Appropriation.--In this section, the term ``fiscal year 2023 part A of
title I appropriation'' means the amount appropriated for fiscal year
2023 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, for programs under part A of title
I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.)--
(1) for fiscal year 2024, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $20,536,802,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(2) for fiscal year 2025, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $22,735,435,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(3) for fiscal year 2026, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $25,169,449,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(4) for fiscal year 2027, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $27,864,044,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(5) for fiscal year 2028, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $30,847,118,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(6) for fiscal year 2029, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $34,149,554,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(7) for fiscal year 2030, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $37,805,543,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(8) for fiscal year 2031, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $41,852,935,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater;
(9) for fiscal year 2032, an amount that equals the
difference between--
(A) the fiscal year 2023 part A of title I
appropriation; and
(B) $46,333,634,000 or the full amount authorized
to be appropriated for the fiscal year for such
programs, whichever is greater; and
(10) for fiscal year 2033, $51,294,029,000 or the full
amount authorized to be appropriated for the fiscal year for
such 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) $16,259,193,000 or 14.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2024, and there are hereby appropriated
$5,870,321,000 or 5.1 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;
``(B) $18,636,567,000 or 16.0 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2025, and there are hereby appropriated
$7,535,090,000 or 6.5 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;
``(C) $21,361,554,000 or 17.9 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2026, and there are hereby appropriated
$9,671,973,000 or 8.1 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;
``(D) $24,484,981,000 or 20.1 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2027, and there are hereby appropriated
$12,414,856,000 or 10.2 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;
``(E) $28,065,107,000 or 22.6 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2028, and there are hereby appropriated
$15,935,595,000 or 12.8 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;
``(F) $32,168,709,000 or 25.3 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2029, and there are hereby appropriated
$20,454,785,000 or 16.1 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;
``(G) $36,872,329,000 or 28.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2030, and there are hereby appropriated
$26,255,574,000 or 20.2 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;
``(H) $42,263,698,000 or 31.8 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2031, and there are hereby appropriated
$33,701,415,000 or 25.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2031, which shall become available for
obligation on July 1, 2031, and shall remain available
through September 30, 2032;
``(I) $48,443,379,000 or 35.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2032, and there are hereby appropriated
$43,258,828,000 or 31.9 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2032, which shall become available for
obligation on July 1, 2032, and shall remain available
through September 30, 2033; and
``(J) $55,526,635,000 or 40.0 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2033 and each subsequent fiscal year,
and there are hereby appropriated $55,526,635,000 or
40.0 percent of the amount determined under paragraph
(2), whichever is greater, for fiscal year 2033 and
each subsequent fiscal year, which--
``(i) shall become available for obligation
with respect to fiscal year 2033 on July 1,
2033, and shall remain available through
September 30, 2034; 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, as determined by the
Secretary on the basis of the most recent
satisfactory data; 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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