Keep Our PACT Act

I 117TH CONGRESS 1ST SESSION H. R. 764 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 HOUSE OF REPRESENTATIVES FEBRUARY 3, 2021 Mrs. LEE of Nevada (for herself, Mrs. BEATTY, Mr. BLUMENAUER, Ms. BONAMICI, Mr. CARBAJAL, Mr. CASTEN, Ms. CRAIG, Mr. DEFAZIO, Mr. DESAULNIER, Ms. BARRAGA´N, Mr. GALLEGO, Mr. GRIJALVA, Mr. HAS- TINGS, Mrs. HAYES, Mr. HIMES, Ms. NORTON, Mr. HORSFORD, Ms. JACKSON LEE, Mr. JOHNSON of Georgia, Mr. KILMER, Ms. LEE of Cali- fornia, Mr. LOWENTHAL, Mr. LYNCH, Ms. MOORE of Wisconsin, Mr. NADLER, Mrs. NAPOLITANO, Ms. OMAR, Mr. PALLONE, Mr. PANETTA, Mr. PAYNE, Ms. PORTER, Mr. SAN NICOLAS, Mr. SARBANES, Mr. SIRES, Mr. SMITH of Washington, Ms. STEVENS, Ms. STRICKLAND, Ms. TITUS, Ms. TLAIB, Mr. TRONE, Mr. VARGAS, and Ms. VELA´ZQUEZ) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To require full funding of part A of title I of the Elementary and Secondary Education Act of 1965 and the Individ- uals with Disabilities Education Act. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 18:13 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H764.IH H764 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 764 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Keep Our Promise to 2 America’s Children and Teachers Act’’ or the ‘‘Keep Our 3 PACT Act’’. 4 SEC. 2. FINDINGS. 5 Congress finds the following: 6 (1) Children are our Nation’s future and great- 7 est treasure. 8 (2) A high-quality education is the surest way 9 for every child to reach his or her full potential. 10 (3) The coronavirus pandemic has amplified the 11 deep funding inequities that exist in our education 12 system. 13 (4) Part A of title I of the Elementary and Sec- 14 ondary Education Act of 1965 (20 U.S.C. 6311 et 15 seq.) helps address inequity in education in school 16 districts across the United States to provide a high- 17 quality education to every student. 18 (5) The Individuals with Disabilities Education 19 Act (20 U.S.C. 1400 et seq.) guarantees all children 20 with disabilities a first-rate education. 21 (6) The amendments made to such Act by the 22 Individuals with Disabilities Education Improvement 23 Act of 2004 (Public Law 108–446; 118 Stat. 2647) 24 committed Congress to providing 40 percent of the 25 VerDate Sep 11 2014 18:13 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H764.IH H764 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 764 IH national current average per-pupil expenditure for 1 students with disabilities. 2 (7) A promise made must be a promise kept. 3 SEC. 3. MANDATORY FUNDING OF PART A OF TITLE I OF 4 ESEA. 5 (a) DEFINITION OF FISCAL YEAR 2021 PART A OF 6 TITLE I APPROPRIATION.—In this section, the term ‘‘fis- 7 cal year 2021 part A of title I appropriation’’ means the 8 amount appropriated for fiscal year 2021 for programs 9 under part A of title I of the Elementary and Secondary 10 Education Act of 1965 (20 U.S.C. 6311 et seq.). 11 (b) FUNDING.—There are appropriated, out of any 12 money in the Treasury not otherwise appropriated— 13 (1) for fiscal year 2022, an amount that equals 14 the difference between— 15 (A) the fiscal year 2021 part A of title I 16 appropriation; and 17 (B) $18,325,069,000 or the full amount 18 authorized to be appropriated for the fiscal year 19 for those programs, whichever is greater; 20 (2) for fiscal year 2023, an amount that equals 21 the difference between— 22 (A) the fiscal year 2021 part A of title I 23 appropriation; and 24 VerDate Sep 11 2014 18:13 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H764.IH H764 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 764 IH (B) $20,306,717,000 or the full amount 1 authorized to be appropriated for the fiscal year 2 for those programs, whichever is greater; 3 (3) for fiscal year 2024, an amount that equals 4 the difference between— 5 (A) the fiscal year 2021 part A of title I 6 appropriation; and 7 (B) $22,502,657,000 or the full amount 8 authorized to be appropriated for the fiscal year 9 for those programs, whichever is greater; 10 (4) for fiscal year 2025, an amount that equals 11 the difference between— 12 (A) the fiscal year 2021 part A of title I 13 appropriation; and 14 (B) $24,936,064,000 or the full amount 15 authorized to be appropriated for the fiscal year 16 for those programs, whichever is greater; 17 (5) for fiscal year 2026, an amount that equals 18 the difference between— 19 (A) the fiscal year 2021 part A of title I 20 appropriation; and 21 (B) $27,632,615,000 or the full amount 22 authorized to be appropriated for the fiscal year 23 for those programs, whichever is greater; 24 VerDate Sep 11 2014 18:13 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H764.IH H764 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 764 IH (6) for fiscal year 2027, an amount that equals 1 the difference between— 2 (A) the fiscal year 2021 part A of title I 3 appropriation; and 4 (B) $30,620,768,000 or the full amount 5 authorized to be appropriated for the fiscal year 6 for those programs, whichever is greater; 7 (7) for fiscal year 2028, an amount that equals 8 the difference between— 9 (A) the fiscal year 2021 part A of title I 10 appropriation; and 11 (B) $33,932,056,000 or the full amount 12 authorized to be appropriated for the fiscal year 13 for those programs, whichever is greater; 14 (8) for fiscal year 2029, an amount that equals 15 the difference between— 16 (A) the fiscal year 2021 part A of title I 17 appropriation; and 18 (B) $37,601,422,000 or the full amount 19 authorized to be appropriated for the fiscal year 20 for those programs, whichever is greater; 21 (9) for fiscal year 2030, an amount that equals 22 the difference between— 23 (A) the fiscal year 2021 part A of title I 24 appropriation; and 25 VerDate Sep 11 2014 18:13 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H764.IH H764 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 764 IH (B) $41,667,588,000 or the full amount 1 authorized to be appropriated for the fiscal year 2 for those programs, whichever is greater; and 3 (10) for fiscal year 2031, $46,173,464,000 or 4 the full amount authorized to be appropriated for 5 the fiscal year for those programs, whichever is 6 greater. 7 SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH 8 DISABILITIES EDUCATION ACT. 9 Section 611(i) of the Individuals with Disabilities 10 Education Act (20 U.S.C. 1411(i)) is amended to read 11 as follows: 12 ‘‘(i) FUNDING.— 13 ‘‘(1) IN GENERAL.—For the purpose of car- 14 rying out this part, other than section 619, there are 15 authorized to be appropriated— 16 ‘‘(A) $14,723,530,000 or 15.3 percent of 17 the amount determined under paragraph (2), 18 whichever is greater, for fiscal year 2022, and 19 there are hereby appropriated $1,786,072,756 20 or 1.9 percent of the amount determined under 21 paragraph (2), whichever is greater, for fiscal 22 year 2022, which shall become available for ob- 23 ligation on July 1, 2022, and shall remain 24 available through September 30, 2023; 25 VerDate Sep 11 2014 18:13 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H764.IH H764 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 764 IH ‘‘(B) $16,756,178,000 or 17.0 percent of 1 the amount determined under paragraph (2), 2 whichever is greater, for fiscal year 2023, and 3 there are hereby appropriated $3,818,720,700 4 or 3.9 percent of the amount determined under 5 paragraph (2), whichever is greater, for fiscal 6 year 2023, which shall become available for ob- 7 ligation on July 1, 2023, and shall remain 8 available through September 30, 2024; 9 ‘‘(C) $19,069,442,000 or 18.9 percent of 10 the amount determined under paragraph (2), 11 whichever is greater, for fiscal year 2024, and 12 there are hereby appropriated $6,131,984,620 13 or 6.1 percent of the amount determined under 14 paragraph (2), whichever is greater, for fiscal 15 year 2024, which shall become available for ob- 16 ligation on July 1, 2024, and shall remain 17 available through September 30, 2025; 18 ‘‘(D) $21,702,062,000 or 21.1 percent of 19 the amount determined under paragraph (2), 20 whichever is greater, for fiscal year 2025, and 21 there are hereby appropriated $8,764,604,783 22 or 8.5 percent of the amount determined under 23 paragraph (2), whichever is greater, for fiscal 24 year 2025, which shall become available for ob- 25 VerDate Sep 11 2014 18:13 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H764.IH H764 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 764 IH ligation on July 1, 2025, and shall remain 1 available through September 30, 2026; 2 ‘‘(E) $24,698,127,000 or 23.4 percent of 3 the amount determined under paragraph (2), 4 whichever is greater, for fiscal year 2026, and 5 there are hereby appropriated $11,760,669,721 6 or 11.2 percent of the amount determined 7 under paragraph (2), whichever is greater, for 8 fiscal year 2026, which shall become available 9 for obligation on July 1, 2026, and shall remain 10 available through September 30, 2027; 11 ‘‘(F) $28,107,812,000 or 26.1 percent of 12 the amount determined under paragraph (2), 13 whichever is greater, for fiscal year 2027, and 14 there are hereby appropriated $15,170,354,582 15 or 14.1 percent of the amount determined 16 under paragraph (2), whichever is greater, for 17 fiscal year 2027, which shall become available 18 for obligation on July 1, 2027, and shall remain 19 available through September 30, 2028; 20 ‘‘(G) $31,988,218,000 or 29.0 percent of 21 the amount determined under paragraph (2), 22 whichever is greater, for fiscal year 2028, and 23 there are hereby appropriated $19,050,761,411 24 or 17.3 percent of the amount determined 25 VerDate Sep 11 2014 18:13 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H764.IH H764 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 764 IH under paragraph (2), whichever is greater, for 1 fiscal year 2028, which shall become available 2 for obligation on July 1, 2028, and shall remain 3 available through September 30, 2029; 4 ‘‘(H) $36,404,332,000 or 32.3 percent of 5 the amount determined under paragraph (2), 6 whichever is greater, for fiscal year 2029, and 7 there are hereby appropriated $23,466,875,446 8 or 20.8 percent of the amount determined 9 under paragraph (2), whichever is greater, for 10 fiscal year 2029, which shall become available 11 for obligation on July 1, 2029, and shall remain 12 available through September 30, 2030; 13 ‘‘(I) $41,430,110,000 or 35.9 percent of 14 the amount determined under paragraph (2), 15 whichever is greater, for fiscal year 2030, and 16 there are hereby appropriated $28,492,653,417 17 or 24.7 percent of the amount determined 18 under paragraph (2), whichever is greater, for 19 fiscal year 2030, which shall become available 20 for obligation on July 1, 2030, and shall remain 21 available through September 30, 2031; and 22 ‘‘(J) $47,149,719,000 or 40 percent of the 23 amount determined under paragraph (2), 24 whichever is greater, for fiscal year 2031 and 25 VerDate Sep 11 2014 18:13 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H764.IH H764 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 764 IH each subsequent fiscal year, and there are here- 1 by appropriated $47,149,719,000 or 40 percent 2 of the amount determined under paragraph (2), 3 whichever is greater, for fiscal year 2031 and 4 each subsequent fiscal year, which— 5 ‘‘(i) shall become available for obliga- 6 tion with respect to fiscal year 2031 on 7 July 1, 2031, and shall remain available 8 through September 30, 2032; and 9 ‘‘(ii) shall become available for obliga- 10 tion with respect to each subsequent fiscal 11 year on July 1 of that fiscal year and shall 12 remain available through September 30 of 13 the succeeding fiscal year. 14 ‘‘(2) AMOUNT.—With respect to each subpara- 15 graph of paragraph (1), the amount determined 16 under this paragraph is the product of— 17 ‘‘(A) the total number of children with dis- 18 abilities in all States who— 19 ‘‘(i) received special education and re- 20 lated services during the last school year 21 that concluded before the first day of the 22 fiscal year for which the determination is 23 made; and 24 ‘‘(ii) were aged— 25 VerDate Sep 11 2014 18:13 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H764.IH H764 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 764 IH ‘‘(I) 3 through 5 (with respect to 1 the States that were eligible for 2 grants under section 619); and 3 ‘‘(II) 6 through 21; and 4 ‘‘(B) the average per-pupil expenditure in 5 public elementary schools and secondary schools 6 in the United States.’’. 7 Æ VerDate Sep 11 2014 18:13 Feb 23, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H764.IH H764 pamtmann on DSKBC07HB2PROD with BILLS