# Appendix A: Authorizing Legislation

**TITLE V: PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS**

**PART D: FUND FOR THE IMPROVEMENT OF EDUCATION**

**SUBPART 9---FOREIGN LANGUAGE ASSISTANCE PROGRAM**

**SEC. 5491. SHORT TITLE.**

This subpart may be cited as the Foreign Language Assistance Act of

2001\.

**SEC. 5492. PROGRAM AUTHORIZED.**

\(a\) PROGRAM AUTHORITY.---

1.  \(1\) IN GENERAL.---The Secretary is authorized to make grants, on a

> competitive basis, to State educational agencies or local educational
> agencies to pay the Federal share of the cost of innovative model
> programs providing for the establishment, improvement, or expansion of
> foreign language study for elementary school and secondary school
> students.

1.  \(2\) DURATION.---Each grant under paragraph (1) shall be awarded

> for a period of 3 years.

\(b\) REQUIREMENTS.---

1.  \(1\) GRANTS TO STATE EDUCATIONAL AGENCIES.---In awarding a

> grant under subsection (a) to a State educational agency, the
>
> Secretary shall support programs that promote systemic approaches to
> improving foreign language learning in the State.

1.  \(2\) GRANTS TO LOCAL EDUCATIONAL AGENCIES.---In awarding a

> grant under subsection (a) to a local educational agency, the
> secretary shall support programs that---

1.  \(A\) show the promise of being continued beyond the grant

> period;

1.  \(B\) demonstrate approaches that can be disseminated and

> duplicated in other local educational agencies; and
>
> \(C\) may include a professional development component.

\(c\) FEDERAL SHARE.---

1.  \(1\) IN GENERAL.---The Federal share for each fiscal year shall be

> 50 percent.

2.  \(2\) WAIVER.---Notwithstanding paragraph (1), the Secretary may

> determine the Federal share for any local educational agency which
>
> the Secretary determines does not have adequate resources to pay the
> non-Federal share of the cost of the activities assisted under
>
> this subpart.
>
> \(d\) SPECIAL RULE.---Not less than 3⁄4 of the funds made available
> under
>
> section 5401 to carry out this subpart shall be used for the expansion
> of
>
> foreign language learning in the elementary grades.

\(e\) RESERVATION.---The Secretary may reserve not more than 5 percent

of funds made available under section 5401 to carry out this subpart for
a

fiscal year to evaluate the efficacy of programs assisted under this

subpart.

**SEC. 5493. APPLICATIONS.**

\(a\) IN GENERAL.---Any State educational agency or local educational

agency desiring a grant under this subpart shall submit an application
to

the Secretary at such time, in such manner, and containing such

information and assurances as the Secretary may require.

\(b\) SPECIAL CONSIDERATION.---The Secretary shall give special

consideration to applications describing programs that---

1.  \(1\) include intensive summer foreign language programs for

> professional development;

1.  \(2\) link nonnative English speakers in the community with the

> schools in order to promote two-way language learning;
>
> \(3\) promote the sequential study of a foreign language for students,
> beginning in elementary schools;
>
> \(4\) make effective use of technology, such as computer assisted
>
> instruction, language laboratories, or distance learning, to promote
>
> foreign language study;
>
> \(5\) promote innovative activities, such as foreign language
>
> immersion, partial foreign language immersion, or content based
>
> instruction; and
>
> \(6\) are carried out through a consortium comprised of the agency
>
> receiving the grant and an elementary school or secondary school.

#  

# Appendix B: Government Performance Results Act of 1993

[SECTION 4. ANNUAL PERFORMANCE PLANS AND
REPORTS](http://www.whitehouse.gov/omb/mgmt-gpra/gplaw2m.html#t4).

\(a\) Budget Contents and Submission to Congress.-Section 1105(a) of
title 31, United States Code, is amended by adding at the end thereof
the following new paragraph:

\"(29) beginning with fiscal year 1999, a Federal Government performance
plan for the overall budget as provided for under section 1115.\".

\(b\) Performance Plans and Reports.-Chapter 11 of title 31, United
States Code, is amended by adding after section 1114 the following new
sections:

\"Sec. 1115. Performance plans

\(a\) In carrying out the provisions of section 1105(a)(29), the
Director of the Office of Management and Budget shall require each
agency to prepare an annual performance plan covering each program
activity set forth in the budget of such agency. Such plan shall-

\"(1) establish performance goals to define the level of performance to
be achieved by a program activity;

\"(2) express such goals in an objective, quantifiable, and measurable
form unless authorized to be in an alternative form under subsection
(b);

\"(3) briefly describe the operational processes, skills and technology,
and the human, capital, information, or other resources required to meet
the performance goals;

\"(4) establish performance indicators to be used in measuring or
assessing the relevant outputs, service levels, and outcomes of each
program activity;

\"(5) provide a basis for comparing actual program results with the
established performance goals; and

\"(6) describe the means to be used to verify and validate measured
values.

\"(b) If an agency, in consultation with the Director of the Office of
Management and Budget, determines that it is not feasible to express the
performance goals for a particular program activity in an objective,
quantifiable, and measurable form, the Director of the Office of
Management and Budget may authorize an alternative form. Such
alternative form shall-

\"(1) include separate descriptive statements of-

\"(A)(i) a minimally effective program, and

\"(ii) a successful program, or

\"(B) such alternative as authorized by the Director of the Office of
Management and Budget, with sufficient precision and in such terms that
would allow for an accurate, independent determination of whether the
program activity\'s performance meets the criteria of the description;
or

\"(2) state why it is infeasible or impractical to express a performance
goal in any form for the program activity.

\"(c) For the purpose of complying with this section, an agency may
aggregate, disaggregate, or consolidate program activities, except that
any aggregation or consolidation may not omit or minimize the
significance of any program activity constituting a major function or
operation for the agency.

\"(d) An agency may submit with its annual performance plan an appendix
covering any portion of the plan that-

\"(1) is specifically authorized under criteria established by an
Executive order to be kept secret in the interest of national defense or
foreign policy; and

\"(2) is properly classified pursuant to such Executive order.

\"(e) The functions and activities of this section shall be considered
to be inherently Governmental functions. The drafting of performance
plans under this section shall be performed only by Federal employees.

\"(f) For purposes of this section and sections 1116 through 1119, and
sections 9703 and 9704 the term-

\"(1) \'agency\' has the same meaning as such term is defined under
section 306(f) of title 5;

\"(2) \'outcome measure\' means an assessment of the results of a
program activity compared to its intended purpose;

\"(3) \'output measure\' means the tabulation, calculation, or recording
of activity or effort and can be expressed in a quantitative or
qualitative manner;

\"(4) \'performance goal\' means a target level of performance expressed
as a tangible, measurable objective, against which actual achievement
can be compared, including a goal expressed as a quantitative standard,
value, or rate;

\"(5) \'performance indicator\' means a particular value or
characteristic used to measure output or outcome;

\"(6) \'program activity\' means a specific activity or project as
listed in the program and financing schedules of the annual budget of
the United States Government; and

\"(7) \'program evaluation\' means an assessment, through objective
measurement and systematic analysis, of the manner and extent to which
Federal programs achieve intended objectives.

\"Sec. 1116. Program performance reports

\"(a) No later than March 31, 2000, and no later than March 31 of each
year thereafter, the head of each agency shall prepare and submit to the
President and the Congress, a report on program performance for the
previous fiscal year.

\"(b)(1) Each program performance report shall set forth the performance
indicators established in the agency performance plan under section
1115, along with the actual program performance achieved compared with
the performance goals expressed in the plan for that fiscal year.

\"(2) If performance goals are specified in an alternative form under
section 1115(b), the results of such program shall be described in
relation to such specifications, including whether the performance
failed to meet the criteria of a minimally effective or successful
program.

\"(c) The report for fiscal year 2000 shall include actual results for
the preceding fiscal year, the report for fiscal year 2001 shall include
actual results for the two preceding fiscal years, and the report for
fiscal year 2002 and all subsequent reports shall include actual results
for the three preceding fiscal years.

\"(d) Each report shall-

\"(1) review the success of achieving the performance goals of the
fiscal year;

\"(2) evaluate the performance plan for the current fiscal year relative
to the performance achieved toward the performance goals in the fiscal
year covered by the report;

\"(3) explain and describe, where a performance goal has not been met
(including when a program activity\'s performance is determined not to
have met the criteria of a successful program activity under section
1115(b)(1)(A)(ii) or a corresponding level of achievement if another
alternative form is used)-

\"(A) why the goal was not met;

\"(B) those plans and schedules for achieving the established
performance goal; and

\"(C) if the performance goal is impractical or infeasible, why that is
the case and what action is recommended;

\"(4) describe the use and assess the effectiveness in achieving
performance goals of any waiver under section 9703 of this title; and

\"(5) include the summary findings of those program evaluations
completed during the fiscal year covered by the report.

\"(e) An agency head may include all program performance information
required annually under this section in an annual financial statement
required under section 3515 if any such statement is submitted to the
Congress no later than March 31 of the applicable fiscal year.

\"(f) The functions and activities of this section shall be considered
to be inherently Governmental functions. The drafting of program
performance reports under this section shall be performed only by
Federal employees.

\"Sec. 1117. Exemption

\"The Director of the Office of Management and Budget may exempt from
the requirements of sections 1115 and 1116 of this title and section 306
of title 5, any agency with annual outlays of \$20,000,000 or less.\"