I 
109TH CONGRESS 
1ST SESSION 
H. R. 363
To require full funding of the Elementary and Secondary Education Act 
of 1965 and the Individuals with Disabilities Education Act. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 25, 2005
Mr. VAN HOLLEN (for himself, Mr. GEORGE MILLER of California, Ms. 
WOOLSEY, Mr. KILDEE, Mr. OWENS, Mr. PAYNE, Mr. ANDREWS, Mr. 
HINOJOSA, Mrs. MCCARTHY, Mr. TIERNEY, Mr. KIND, Mr. KUCINICH, 
Mr. WU, Mr. HOLT, Mrs. DAVIS of California, Ms. MCCOLLUM of Min-
nesota, Mr. DAVIS of Illinois, Mr. CASE, Mr. GRIJALVA, Mr. RYAN of 
Ohio, Mr. BISHOP of New York, Mr. SCOTT of Virginia, Ms. LEE, Mr. 
WEINER, Mr. CROWLEY, Mrs. MALONEY, Mr. MCDERMOTT, Mr. ABER-
CROMBIE, Mr. PALLONE, Ms. WATSON, Mr. BARROW, and Mr. WEXLER) 
introduced the following bill; which was referred to the Committee on 
Education and the Workforce, and in addition to the Committee on Ap-
propriations, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To require full funding of the Elementary and Secondary 
Education Act of 1965 and the Individuals with Disabil-
ities Education Act.
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 ‘‘Keep Our Promise to 
America’s Children and Teachers Act’’ or the ‘‘Keep Our 
PACT Act’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) Children are our Nation’s future and great-
est treasure. 
(2) A high-quality education is the surest way 
for every child to reach his or her full potential. 
(3) The No Child Left Behind Act of 2001 rep-
resents the most sweeping revision of education pol-
icy in a generation. 
(4) The Consolidated Appropriations Act, 2005 
(Pub. L. 108–447) funded the No Child Left Behind 
Act of 2001 at $24,500,000,000 ($9,800,000,000 
below its 2005 authorized level), causing 2,400,000 
students not to receive the extra Title I help they 
were promised. 
(5) The Individuals with Disabilities Education 
Act guarantees all children with disabilities a first-
rate education. 
(6) The Individuals with Disabilities Education 
Act committed the Congress to providing 40 percent 
of the national current average per pupil expenditure 
for special education students.
(7) The fiscal year Consolidated Appropriations 
Act, 2005 (Pub. L. 108–447) funded the Individuals 
with Disabilities Education Act at $10,700,000,000, 
representing only 19 percent of the national current 
average per pupil expenditure for special education 
students and shortchanging 6,700,000 children with 
disabilities. 
(8) A promise made must be a promise kept. 
SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND 
ACT OF 2001. 
(a) FUNDING.—There are appropriated, out of any 
money in the Treasury not otherwise appropriated—
(1) for fiscal year 2006, an amount that equals 
the difference between the amount appropriated for 
fiscal year 2006 for programs under the Elementary 
and Secondary Education Act of 1965, as amended 
by the No Child Left Behind Act of 2001, and 
$36,867,000,000; 
(2) for fiscal year 2007, an amount that equals 
the difference between the amount appropriated for 
fiscal year 2007 for programs under the Elementary 
and Secondary Education Act of 1965, as amended 
by the No Child Left Behind Act of 2001, and 
$39,442,000,000;
(3) for fiscal year 2008, an amount that equals 
the difference between the amount appropriated for 
fiscal year 2008 for programs under the Elementary 
and Secondary Education Act of 1965, as amended 
by the No Child Left Behind Act of 2001, and 
$40,428,000,000; 
(4) for fiscal year 2009, an amount that equals 
the difference between the amount appropriated for 
fiscal year 2009 for programs under the Elementary 
and Secondary Education Act of 1965, as amended 
by the No Child Left Behind Act of 2001, and 
$41,439,000,000; 
(5) for fiscal year 2010, an amount that equals 
the difference between the amount appropriated for 
fiscal year 2010 for programs under the Elementary 
and Secondary Education Act of 1965, as amended 
by the No Child Left Behind Act of 2001, and 
$42,475,000,000; and 
(6) for fiscal year 2011, an amount that equals 
the difference between the amount appropriated for 
fiscal year 2011 for programs under the Elementary 
and Secondary Education Act of 1965, as amended 
by the No Child Left Behind Act of 2001, and 
$45,537,000,000.
(b) USE OF FUNDS.—Funds appropriated under sub-
section (a)—
(1) shall be used to carry out the programs of 
the Elementary and Secondary Education Act of 
1965, as amended by the No Child Left Behind Act 
of 2001; and 
(2) shall be allocated among such programs in 
the same ratio as funds otherwise appropriated to 
carry out such programs. 
SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH 
DISABILITIES EDUCATION ACT. 
(a) IN GENERAL.—Section 611(i) of the Individuals 
with Disabilities Education Act (20 U.S.C. 1411(i)), as 
amended by the Individuals with Disabilities Education 
Improvement Act of 2004 (Public Law 108–446), is 
amended to read as follows: 
‘‘(i) MANDATORY FUNDING.—For the purpose of car-
rying out this part, other than section 619, there are au-
thorized to be appropriated, and there are appropriated—
‘‘(1) $13,200,000,000 for fiscal year 2006; 
‘‘(2) $15,700,000,000 for fiscal year 2007; 
‘‘(3) $18,200,000,000 for fiscal year 2008; 
‘‘(4) $20,700,000,000 for fiscal year 2009; 
‘‘(5) $23,200,000,000 for fiscal year 2010; 
‘‘(6) $25,700,000,000 for fiscal year 2011; and
‘‘(7) for fiscal year 2012 and each subsequent 
fiscal year, the amount that is the total, for all 
States, of the maximum amounts described in sub-
section (a)(2)(B).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on October 1, 2005.
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