Keep Our PACT Act

I 118TH CONGRESS 1ST SESSION H. R. 2715 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 APRIL 19, 2023 Mrs. LEE of Nevada (for herself, Ms. ADAMS, Ms. BALINT, Ms. BARRAGA´N, Ms. BONAMICI, Ms. BROWN, Mr. CARBAJAL, Mr. CARTER of Louisiana, Mr. CASTEN, Mr. CASTRO of Texas, Ms. CLARKE of New York, Mr. CLEAVER, Ms. CRAIG, Ms. CROCKETT, Mr. DAVIS of Illinois, Mr. DESAULNIER, Mr. ESPAILLAT, Mr. EVANS, Ms. LOIS FRANKEL of Flor- ida, Mr. ROBERT GARCIA of California, Mr. GARCI´A of Illinois, Mr. GOMEZ, Mr. GREEN of Texas, Mrs. HAYES, Mr. HORSFORD, Ms. HOYLE of Oregon, Ms. JACOBS, Mr. JOHNSON of Georgia, Mr. KILMER, Ms. KUSTER, Mr. LANDSMAN, Mr. LYNCH, Ms. MCCOLLUM, Mr. MCGARVEY, Ms. MOORE of Wisconsin, Mr. MOULTON, Mr. NADLER, Mrs. NAPOLI- TANO, Mr. NEGUSE, Ms. NORTON, Mr. PAYNE, Mr. POCAN, Ms. PORTER, Ms. SA´NCHEZ, Mr. SARBANES, Ms. SCANLON, Ms. SCHAKOWSKY, Ms. SE- WELL, Ms. STEVENS, Ms. STRICKLAND, Ms. TITUS, Ms. TLAIB, Ms. TOKUDA, Mr. TRONE, Ms. VELA´ZQUEZ, Ms. WILLIAMS of Georgia, and Mr. HIMES) introduced the following bill; which was referred to the Com- mittee 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 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 00:43 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2715 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Keep Our Promise to 2 America’s Children and Teachers Act’’ or the ‘‘Keep Our 3 PACT Act’’. 4 SEC. 2. FINDINGS. 5 Congress finds the following: 6 (1) Children are our Nation’s future and great- 7 est treasure. 8 (2) A high-quality education is the surest way 9 for every child to reach his or her full potential. 10 (3) Part A of title I of the Elementary and Sec- 11 ondary Education Act of 1965 (20 U.S.C. 6311 et 12 seq.) helps address inequity in education in school 13 districts across the United States to provide a high- 14 quality education to every student. 15 (4) The Individuals with Disabilities Education 16 Act (20 U.S.C. 1400 et seq.) guarantees all children 17 with disabilities a first-rate education. 18 (5) The amendments made to such Act by the 19 Individuals with Disabilities Education Improvement 20 Act of 2004 (Public Law 108–446; 118 Stat. 2647) 21 committed Congress to providing 40 percent of the 22 national current average per-pupil expenditure for 23 students with disabilities. 24 (6) A promise made must be a promise kept. 25 VerDate Sep 11 2014 00:43 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2715 IH SEC. 3. MANDATORY FUNDING OF PART A OF TITLE I OF 1 ESEA. 2 (a) DEFINITION OF FISCAL YEAR 2023 PART A OF 3 TITLE I APPROPRIATION.—In this section, the term ‘‘fis- 4 cal year 2023 part A of title I appropriation’’ means the 5 amount appropriated for fiscal year 2023 for programs 6 under part A of title I of the Elementary and Secondary 7 Education Act of 1965 (20 U.S.C. 6311 et seq.). 8 (b) FUNDING.—There are appropriated, out of any 9 money in the Treasury not otherwise appropriated, for 10 programs under part A of title I of the Elementary and 11 Secondary Education Act of 1965 (20 U.S.C. 6311 et 12 seq.)— 13 (1) for fiscal year 2024, an amount that equals 14 the difference between— 15 (A) the fiscal year 2023 part A of title I 16 appropriation; and 17 (B) $20,536,802,000 or the full amount 18 authorized to be appropriated for the fiscal year 19 for such programs, whichever is greater; 20 (2) for fiscal year 2025, an amount that equals 21 the difference between— 22 (A) the fiscal year 2023 part A of title I 23 appropriation; and 24 VerDate Sep 11 2014 00:43 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2715 IH (B) $22,735,435,000 or the full amount 1 authorized to be appropriated for the fiscal year 2 for such programs, whichever is greater; 3 (3) for fiscal year 2026, an amount that equals 4 the difference between— 5 (A) the fiscal year 2023 part A of title I 6 appropriation; and 7 (B) $25,169,449,000 or the full amount 8 authorized to be appropriated for the fiscal year 9 for such programs, whichever is greater; 10 (4) for fiscal year 2027, an amount that equals 11 the difference between— 12 (A) the fiscal year 2023 part A of title I 13 appropriation; and 14 (B) $27,864,044,000 or the full amount 15 authorized to be appropriated for the fiscal year 16 for such programs, whichever is greater; 17 (5) for fiscal year 2028, an amount that equals 18 the difference between— 19 (A) the fiscal year 2023 part A of title I 20 appropriation; and 21 (B) $30,847,118,000 or the full amount 22 authorized to be appropriated for the fiscal year 23 for such programs, whichever is greater; 24 VerDate Sep 11 2014 00:43 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2715 IH (6) for fiscal year 2029, an amount that equals 1 the difference between— 2 (A) the fiscal year 2023 part A of title I 3 appropriation; and 4 (B) $34,149,554,000 or the full amount 5 authorized to be appropriated for the fiscal year 6 for such programs, whichever is greater; 7 (7) for fiscal year 2030, an amount that equals 8 the difference between— 9 (A) the fiscal year 2023 part A of title I 10 appropriation; and 11 (B) $37,805,543,000 or the full amount 12 authorized to be appropriated for the fiscal year 13 for such programs, whichever is greater; 14 (8) for fiscal year 2031, an amount that equals 15 the difference between— 16 (A) the fiscal year 2023 part A of title I 17 appropriation; and 18 (B) $41,852,935,000 or the full amount 19 authorized to be appropriated for the fiscal year 20 for such programs, whichever is greater; 21 (9) for fiscal year 2032, an amount that equals 22 the difference between— 23 (A) the fiscal year 2023 part A of title I 24 appropriation; and 25 VerDate Sep 11 2014 00:43 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2715 IH (B) $46,333,634,000 or the full amount 1 authorized to be appropriated for the fiscal year 2 for such programs, whichever is greater; and 3 (10) for fiscal year 2033, $51,294,029,000 or 4 the full amount authorized to be appropriated for 5 the fiscal year for such programs, whichever is 6 greater. 7 SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH 8 DISABILITIES EDUCATION ACT. 9 Section 611(i) of the Individuals with Disabilities 10 Education Act (20 U.S.C. 1411(i)) is amended to read 11 as follows: 12 ‘‘(i) FUNDING.— 13 ‘‘(1) IN GENERAL.—For the purpose of car- 14 rying out this part, other than section 619, there are 15 authorized to be appropriated— 16 ‘‘(A) $16,259,193,000 or 14.2 percent of 17 the amount determined under paragraph (2), 18 whichever is greater, for fiscal year 2024, and 19 there are hereby appropriated $5,870,321,000 20 or 5.1 percent of the amount determined under 21 paragraph (2), whichever is greater, for fiscal 22 year 2024, which shall become available for ob- 23 ligation on July 1, 2024, and shall remain 24 available through September 30, 2025; 25 VerDate Sep 11 2014 00:43 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2715 IH ‘‘(B) $18,636,567,000 or 16.0 percent of 1 the amount determined under paragraph (2), 2 whichever is greater, for fiscal year 2025, and 3 there are hereby appropriated $7,535,090,000 4 or 6.5 percent of the amount determined under 5 paragraph (2), whichever is greater, for fiscal 6 year 2025, which shall become available for ob- 7 ligation on July 1, 2025, and shall remain 8 available through September 30, 2026; 9 ‘‘(C) $21,361,554,000 or 17.9 percent of 10 the amount determined under paragraph (2), 11 whichever is greater, for fiscal year 2026, and 12 there are hereby appropriated $9,671,973,000 13 or 8.1 percent of the amount determined under 14 paragraph (2), whichever is greater, for fiscal 15 year 2026, which shall become available for ob- 16 ligation on July 1, 2026, and shall remain 17 available through September 30, 2027; 18 ‘‘(D) $24,484,981,000 or 20.1 percent of 19 the amount determined under paragraph (2), 20 whichever is greater, for fiscal year 2027, and 21 there are hereby appropriated $12,414,856,000 22 or 10.2 percent of the amount determined 23 under paragraph (2), whichever is greater, for 24 fiscal year 2027, which shall become available 25 VerDate Sep 11 2014 00:43 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2715 IH for obligation on July 1, 2027, and shall remain 1 available through September 30, 2028; 2 ‘‘(E) $28,065,107,000 or 22.6 percent of 3 the amount determined under paragraph (2), 4 whichever is greater, for fiscal year 2028, and 5 there are hereby appropriated $15,935,595,000 6 or 12.8 percent of the amount determined 7 under paragraph (2), whichever is greater, for 8 fiscal year 2028, which shall become available 9 for obligation on July 1, 2028, and shall remain 10 available through September 30, 2029; 11 ‘‘(F) $32,168,709,000 or 25.3 percent of 12 the amount determined under paragraph (2), 13 whichever is greater, for fiscal year 2029, and 14 there are hereby appropriated $20,454,785,000 15 or 16.1 percent of the amount determined 16 under paragraph (2), whichever is greater, for 17 fiscal year 2029, which shall become available 18 for obligation on July 1, 2029, and shall remain 19 available through September 30, 2030; 20 ‘‘(G) $36,872,329,000 or 28.4 percent of 21 the amount determined under paragraph (2), 22 whichever is greater, for fiscal year 2030, and 23 there are hereby appropriated $26,255,574,000 24 or 20.2 percent of the amount determined 25 VerDate Sep 11 2014 00:43 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2715 IH under paragraph (2), whichever is greater, for 1 fiscal year 2030, which shall become available 2 for obligation on July 1, 2030, and shall remain 3 available through September 30, 2031; 4 ‘‘(H) $42,263,698,000 or 31.8 percent of 5 the amount determined under paragraph (2), 6 whichever is greater, for fiscal year 2031, and 7 there are hereby appropriated $33,701,415,000 8 or 25.4 percent of the amount determined 9 under paragraph (2), whichever is greater, for 10 fiscal year 2031, which shall become available 11 for obligation on July 1, 2031, and shall remain 12 available through September 30, 2032; 13 ‘‘(I) $48,443,379,000 or 35.7 percent of 14 the amount determined under paragraph (2), 15 whichever is greater, for fiscal year 2032, and 16 there are hereby appropriated $43,258,828,000 17 or 31.9 percent of the amount determined 18 under paragraph (2), whichever is greater, for 19 fiscal year 2032, which shall become available 20 for obligation on July 1, 2032, and shall remain 21 available through September 30, 2033; and 22 ‘‘(J) $55,526,635,000 or 40.0 percent of 23 the amount determined under paragraph (2), 24 whichever is greater, for fiscal year 2033 and 25 VerDate Sep 11 2014 00:43 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2715 IH each subsequent fiscal year, and there are here- 1 by appropriated $55,526,635,000 or 40.0 per- 2 cent of the amount determined under para- 3 graph (2), whichever is greater, for fiscal year 4 2033 and each subsequent fiscal year, which— 5 ‘‘(i) shall become available for obliga- 6 tion with respect to fiscal year 2033 on 7 July 1, 2033, and shall remain available 8 through September 30, 2034; and 9 ‘‘(ii) shall become available for obliga- 10 tion with respect to each subsequent fiscal 11 year on July 1 of that fiscal year and shall 12 remain available through September 30 of 13 the succeeding fiscal year. 14 ‘‘(2) AMOUNT.—With respect to each subpara- 15 graph of paragraph (1), the amount determined 16 under this paragraph is the product of— 17 ‘‘(A) the total number of children with dis- 18 abilities in all States who— 19 ‘‘(i) received special education and re- 20 lated services, as determined by the Sec- 21 retary on the basis of the most recent sat- 22 isfactory data; and 23 ‘‘(ii) were aged— 24 VerDate Sep 11 2014 00:43 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2715.IH H2715 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2715 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 00:43 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H2715.IH H2715 pbinns on DSKJLVW7X2PROD with $$_JOB