I 

109TH CONGRESS 

1ST SESSION H. R. 2694 

To require full funding of part A of title I of the Elementary and Secondary 

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

Act of 2001. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2005 

Mr. MOORE of Kansas (for himself, Mr. RAMSTAD, Mr. TANNER, Mr. JEFFERSON, Mr. ISRAEL, Mr. WEINER, Mr. ROTHMAN, Mr. DOGGETT, Mr. NADLER, Ms. MCCOLLUM of Minnesota, Mr. OWENS, Mr. CASE, Mr. GORDON, Mr. MATHESON, Mr. FORD, Mr. MICHAUD, and Ms. WOOLSEY) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To require full funding of part A of title I of the Elementary 

and Secondary Education Act of 1965, as amended by 

the No Child Left Behind Act of 2001. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Keeping Our Promises 

5 to America’s Children Act of 2005’’. 
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1 SEC. 2. MORATORIUM ON COMPLIANCE WITH ADEQUATE 

2 YEARLY PROGRESS REQUIREMENTS THAT 

3 ARE NOT FULLY FUNDED. 

4 (a) IN GENERAL.—If, for a fiscal year, appropria5 tions for a program, project, or activity under part A of 

6 title I of the Elementary and Secondary Education Act 

7 of 1965 (20 U.S.C. 6311 et seq.), as amended by the No 

8 Child Left Behind Act of 2001 (Public Law 107–110; 115 

9 Stat. 1425), are less than the amount authorized by law 

10 to be appropriated for the program, project, or activity 

11 for that fiscal year and, by reason of the insufficient ap12 propriation, a recipient of funds under that part receives 

13 inadequate funding— 

14 (1) the recipient may, as determined appro15 priate by the recipient, defer the commencement of, 

16 suspend, or modify the administration of, the func17 tions of the recipient under subsections (b), (c), (e), 

18 (f), and (g) of section 1116 of the Elementary and 

19 Secondary Education Act of 1965 (20 U.S.C. 

20 6316(b), (c), (e), (f), and (g)) with respect to the 

21 program, project, or activity; and 

22 (2) the Secretary of Education shall ensure that 

23 no penalty, sanction, condition, denial of waiver, re24 duction of support, or other negative consequence 

25 otherwise applicable under part A of title I of the 

26 Elementary and Secondary Education Act of 1965 
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1 (20 U.S.C. 6311 et seq.) shall apply to the recipient 

2 because of action taken by the recipient under para3 graph (1). 

4 (b) DEFINITIONS.—As used in this section: 

5 (1) RECIPIENT OF FUNDS.—The term ‘‘recipi6 ent of funds’’ means, with respect to part A of title 

7 I of the Elementary and Secondary Education Act 

8 of 1965 (20 U.S.C. 6311 et seq.), a local educational 

9 agency or a State educational agency that is a re10 cipient funds under that part. 

11 (2) INADEQUATE FUNDING.—The term ‘‘inad12 equate funding’’ means, with respect to a local edu13 cational agency or a State educational agency, fund14 ing in an amount that is less than the amount the 

15 recipient would have received if the amount author16 ized by law for the program, project, or activity in17 volved had been appropriated in full. 

18 (3) LOCAL EDUCATIONAL AGENCY AND STATE

19 EDUCATIONAL AGENCY.—The terms ‘‘local edu20 cational agency’’ and ‘‘State educational agency’’ 

21 have the meanings given those terms in section 

22 9101(26) and section 9101(41), respectively, of the 

23 Elementary and Secondary Education Act of 1965 

24 (20 U.S.C. 7801(26) and 7801(41)). 

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