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IN THE SENATE OF THE UNITED STATES

February 27, 2025

Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To ensure that there are no reductions in funding for critical education programs for fiscal years 2025, 2026, and 2027, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the “No Cuts to Public Schools Act”.

SEC. 2. MAINTAINING FUNDING FOR CERTAIN EDUCATION PROGRAMS.

(a) Definitions.—In this section:

(1) Critical education program.—The term “critical education program” means each of the following:

(A) The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

(B) Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).

(C) Part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6361 et seq.).

(D) Part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.).

(E) Part D of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6421 et seq.).

(F) Part A of title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6611 et seq.).

(G) Title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.).

(H) Part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.).

(I) Part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.).

(J) Part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7341 et seq.).

(K) Part A of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.).

(L) Title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.).

(M) Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).

(2) Reduction in funding.—The term “reduction in funding”, when used with respect to a critical education program for a fiscal year, means the amount by which—

(A) the total amount of funding appropriated for the critical education program for fiscal year 2024 under title III of division D of the Further Consolidated Appropriations Act, 2024 (Public Law 118- 47; 138 Stat. 681), which shall be determined based on the funding allocation specified for the critical education program in the explanatory statement described in section 4 of such Act (Public Law 118-47; 138 Stat. 461); exceeds

(B) the total amount of funding appropriated for the critical education program for the fiscal year for which the determination is being made under the applicable regular appropriation Act for such fiscal year, which shall be determined based on the funding allocation specified for the critical education program in the explanatory statement regarding such regular appropriation Act.

(3) Regular appropriation act.—The term “regular appropriation Act”—

(A) means an annual appropriation Act providing new budget authority (as defined in section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622)) for the programs, projects, and activities under the jurisdiction of a subcommittee of the Committee on Appropriations of the Senate through September 30 of a fiscal year; and

(B) includes—

(i) an Act referred to in section 105 of title 1, United States Code;

(ii) a title, division, or other subdivision of an Act or resolution that, if it were a separate Act, would be an Act described in subparagraph (A); and

(iii) a resolution or Act, or a title, division, or other subdivision of a resolution or Act, making continuing appropriations through September 30 of a fiscal year.

(b) Ensuring Adequate Funding for Critical Education Programs.—

(1) In general.—For each of fiscal years 2025, 2026, and 2027, effective on the date that is 30 days after the date of enactment of a regular appropriation Act appropriating funding for all critical education programs for such fiscal year, there is appropriated, out of any money in the Treasury not otherwise appropriated, for each critical education program an amount equal to any reduction in funding for the critical education program for such fiscal year.

(2) Availability.—Amounts appropriated under paragraph (1) for a fiscal year shall remain available until expended.

(c) Budgetary Effects.—

(1) Statutory paygo scorecards.—The budgetary effects of this section shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As- You-Go Act of 2010 (2 U.S.C. 933(d)).

(2) Senate paygo scorecards.—The budgetary effects of this section shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). <all>