I 

108TH CONGRESS 

1ST SESSION H. R. 2107

To require full funding of the Elementary and Secondary Education Act 

of 1965, as amended by the No Child Left Behind Act of 2001, and 

the Individuals with Disabilities Education Act. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2003

Mr. VAN HOLLEN (for himself, Mr. GEORGE MILLER of California, Ms. 

WOOLSEY, Mr. KILDEE, Mr. OWENS, Mr. PAYNE, Mr. ANDREWS, Mr. 

HINOJOSA, Mrs. MCCARTHY of New York, Mr. TIERNEY, Mr. KIND, Mr. 

KUCINICH, Mr. WU, Mr. HOLT, Mrs. DAVIS of California, Ms. MCCOLLUM, Mr. DAVIS of Illinois, Mr. CASE, Mr. GRIJALVA, Ms. MAJETTE, Mr. 

RYAN of Ohio, and Mr. BISHOP of New York) 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, as amended by the No Child 

Left Behind Act of 2001, and the Individuals with Disabilities Education Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 2107 IH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Keep Our Promise to 

3 America’s Children and Teachers Act’’ or the ‘‘Keep Our 

4 PACT Act’’. 

5 SEC. 2. FINDINGS. 

6 The Congress finds as follows: 

7 (1) Children are our Nation’s future and great8 est treasure. 

9 (2) A high-quality education is the surest way 

10 for every child to reach his or her full potential. 

11 (3) The No Child Left Behind Act of 2001 rep12 resents the most sweeping revision of education pol13 icy in a generation. 

14 (4) The fiscal year 2004 budget resolution cuts 

15 funding for programs under the No Child Left Be16 hind Act of 2001 by $1,200,000,000 below fiscal 

17 year 2003 levels, causing funding for these programs 

18 to fall almost $11,000,000,000 short of their fiscal 

19 year 2004 authorized levels. 

20 (5) The Individuals with Disabilities Education 

21 Act guarantees all children with disabilities a first22 rate education. 

23 (6) The Individuals with Disabilities Education 

24 Act committed the Congress to providing 40 percent 

25 of the national current average per pupil expenditure 

26 for special education students. 
3

•HR 2107 IH 

1 (7) The current Federal commitment to the In2 dividuals with Disabilities Education Act currently 

3 represents only 18 percent of the average per pupil 

4 expenditure for special education students. 

5 (8) The fiscal year 2004 budget resolution pro6 vides only 21 percent of the costs of educating chil7 dren with disabilities. 

8 (9) A promise made must be a promise kept. 

9 SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND 

10 ACT OF 2001. 

11 (a) FUNDING.—There are appropriated, out of any 

12 money in the Treasury not otherwise appropriated—

13 (1) $5,500,000,000 for fiscal year 2003; 

14 (2) for fiscal year 2004, an amount that equals 

15 the difference between the amount appropriated for 

16 fiscal year 2004 for programs under the Elementary 

17 and Secondary Education Act of 1965, as amended 

18 by the No Child Left Behind Act of 2001, and 

19 $32,880,000,000; 

20 (3) for fiscal year 2005, an amount that equals 

21 the difference between the amount appropriated for 

22 fiscal year 2005 for programs under the Elementary 

23 and Secondary Education Act of 1965, as amended 

24 by the No Child Left Behind Act of 2001, and 

25 $34,945,000,000; 
4

•HR 2107 IH 

1 (4) for fiscal year 2006, an amount that equals 

2 the difference between the amount appropriated for 

3 fiscal year 2006 for programs under the Elementary 

4 and Secondary Education Act of 1965, as amended 

5 by the No Child Left Behind Act of 2001, and 

6 $37,777,000,000; 

7 (5) for fiscal year 2007, an amount that equals 

8 the difference between the amount appropriated for 

9 fiscal year 2007 for programs under the Elementary 

10 and Secondary Education Act of 1965, as amended 

11 by the No Child Left Behind Act of 2001, and 

12 $41,658,000,000; and 

13 (6) for fiscal year 2008, an amount that equals 

14 the difference between the amount appropriated for 

15 fiscal year 2008 for programs under the Elementary 

16 and Secondary Education Act of 1965, as amended 

17 by the No Child Left Behind Act of 2001, and 

18 $42,699,000,000. 

19 (b) USE OF FUNDS.—Funds appropriated under sub20 section (a)—

21 (1) shall be used to carry out the programs of 

22 the Elementary and Secondary Education Act of 

23 1965, as amended by the No Child Left Behind Act 

24 of 2001; and 
5

•HR 2107 IH 

1 (2) shall be allocated among such programs in 

2 the same ratio as funds otherwise appropriated to 

3 carry out such programs. 

4 SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH 

5 DISABILITIES EDUCATION ACT. 

6 Section 611(j) of the Individuals with Disabilities 

7 Education Act (20 U.S.C. 1411(j)) is amended to read 

8 as follows: 

9 ‘‘(j) MANDATORY FUNDING.—For the purpose of car10 rying out this part, other than section 619, there are au11 thorized to be appropriated, and there are appropriated—

12 ‘‘(1) $11,400,000,000 for fiscal year 2004; 

13 ‘‘(2) $13,920,000,000 for fiscal year 2005; 

14 ‘‘(3) $16,440,000,000 for fiscal year 2006; 

15 ‘‘(4) $18,960,000,000 for fiscal year 2007; 

16 ‘‘(5) $21,480,000,000 for fiscal year 2008; 

17 ‘‘(6) $24,000,000,000 for fiscal year 2009; 

18 ‘‘(7) $24,769,000,000 for fiscal year 2010; and 

19 ‘‘(8) such sums as may be necessary to fully 

20 fund 40 percent of the average per-pupil expenditure 

21 in public elementary and secondary schools in the 

22 United States for programs under this part, other 

23 than section 619, for each subsequent fiscal year.’’.

Æ