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. JEFFER-
SON, Mr. ISRAEL, Mr. WEINER, Mr. ROTHMAN, Mr. DOGGETT, Mr. NAD-
LER, Ms. MCCOLLUM of Minnesota, Mr. OWENS, Mr. CASE, Mr. GOR-
DON, Mr. MATHESON, Mr. FORD, Mr. MICHAUD, and Ms. WOOLSEY) in-
troduced the following bill; which was referred to the Committee on Edu-
cation 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Keeping Our Promises 
to America’s Children Act of 2005’’.
SEC. 2. MORATORIUM ON COMPLIANCE WITH ADEQUATE 
YEARLY PROGRESS REQUIREMENTS THAT 
ARE NOT FULLY FUNDED. 
(a) IN GENERAL.—If, for a fiscal year, appropria-
tions for a program, project, or activity under part A of 
title I of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311 et seq.), as amended by the No 
Child Left Behind Act of 2001 (Public Law 107–110; 115 
Stat. 1425), are less than the amount authorized by law 
to be appropriated for the program, project, or activity 
for that fiscal year and, by reason of the insufficient ap-
propriation, a recipient of funds under that part receives 
inadequate funding— 
(1) the recipient may, as determined appro-
priate by the recipient, defer the commencement of, 
suspend, or modify the administration of, the func-
tions of the recipient under subsections (b), (c), (e), 
(f), and (g) of section 1116 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
6316(b), (c), (e), (f), and (g)) with respect to the 
program, project, or activity; and 
(2) the Secretary of Education shall ensure that 
no penalty, sanction, condition, denial of waiver, re-
duction of support, or other negative consequence 
otherwise applicable under part A of title I of the 
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311 et seq.) shall apply to the recipient 
because of action taken by the recipient under para-
graph (1). 
(b) DEFINITIONS.—As used in this section: 
(1) RECIPIENT OF FUNDS.—The term ‘‘recipi-
ent of funds’’ means, with respect to part A of title 
I of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311 et seq.), a local educational 
agency or a State educational agency that is a re-
cipient funds under that part. 
(2) INADEQUATE FUNDING.—The term ‘‘inad-
equate funding’’ means, with respect to a local edu-
cational agency or a State educational agency, fund-
ing in an amount that is less than the amount the 
recipient would have received if the amount author-
ized by law for the program, project, or activity in-
volved had been appropriated in full. 
(3) LOCAL EDUCATIONAL AGENCY AND STATE 
EDUCATIONAL
AGENCY.—The terms ‘‘local edu-
cational agency’’ and ‘‘State educational agency’’ 
have the meanings given those terms in section 
9101(26) and section 9101(41), respectively, of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801(26) and 7801(41)). 
Æ