H. R. 1—416
‘‘(B) demonstrate approaches that can be disseminated
and duplicated in other local educational agencies; and
‘‘(C) may include a professional development compo-
nent.
‘‘(c) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share for each fiscal year
shall be 50 percent.
‘‘(2) WAIVER.—Notwithstanding paragraph (1), the Sec-
retary may determine the Federal share for any local edu-
cational 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 avail-
able 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 edu-
cational 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) include intensive summer foreign language programs
for professional development;
‘‘(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.
‘‘SEC. 5494. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE
PROGRAM.
‘‘(a) INCENTIVE PAYMENTS.—From amounts made available
under section 5401 to carry out this subpart, the Secretary shall
make an incentive payment for each fiscal year to each public
elementary school that provides to students attending such school
a program designed to lead to communicative competency in a
foreign language.
‘‘(b) AMOUNT.—The Secretary shall determine the amount of
the incentive payment under subsection (a) for each public
elementary school for each fiscal year on the basis of the number
of students participating in a program described in such subsection
at such school for such year compared to the total number of
H. R. 1—417
such students at all such schools in the United States for such
year.
‘‘(c) REQUIREMENT.—The Secretary shall consider a program
to be designed to lead to communicative competency in a foreign
language if such program is comparable to a program that provides
not less than 45 minutes of instruction in a foreign language for
not fewer than 4 days per week throughout an academic year.
‘‘Subpart 10—Physical Education
‘‘SEC. 5501. SHORT TITLE.
‘‘This subpart may be cited as the ‘Carol M. White Physical
Education Program’.
‘‘SEC. 5502. PURPOSE.
‘‘The purpose of this subpart is to award grants and contracts
to initiate, expand, and improve physical education programs for
all kindergarten through 12th-grade students.
‘‘SEC. 5503. PROGRAM AUTHORIZED.
‘‘(a) AUTHORIZATION.—The Secretary is authorized to award
grants to local educational agencies and community-based organiza-
tions (such as Boys and Girls Clubs, Boy Scouts and Girl Scouts,
and the Young Men’s Christian Organization (YMCA) and Young
Women’s Christian Organization (YWCA)) to pay the Federal share
of the costs of initiating, expanding, and improving physical edu-
cation programs (including after-school programs) for kindergarten
through 12th-grade students by—
‘‘(1) providing equipment and support to enable students
to participate actively in physical education activities; and
‘‘(2) providing funds for staff and teacher training and
education.
‘‘(b) PROGRAM
ELEMENTS.—A physical education program
funded under this subpart may provide for one or more of the
following:
‘‘(1) Fitness education and assessment to help students
understand, improve, or maintain their physical well-being.
‘‘(2) Instruction in a variety of motor skills and physical
activities designed to enhance the physical, mental, and social
or emotional development of every student.
‘‘(3) Development of, and instruction in, cognitive concepts
about motor skill and physical fitness that support a lifelong
healthy lifestyle.
‘‘(4) Opportunities to develop positive social and cooperative
skills through physical activity participation.
‘‘(5) Instruction in healthy eating habits and good nutrition.
‘‘(6) Opportunities for professional development for teachers
of physical education to stay abreast of the latest research,
issues, and trends in the field of physical education.
‘‘(c) SPECIAL RULE.—For the purpose of this subpart, extra-
curricular activities, such as team sports and Reserve Officers’
Training Corps (ROTC) program activities, shall not be considered
as part of the curriculum of a physical education program assisted
under this subpart.
‘‘SEC. 5504. APPLICATIONS.
‘‘(a) SUBMISSION.—Each local educational agency or community-
based organization desiring a grant or contract under this subpart
H. R. 1—418
shall submit to the Secretary an application that contains a plan
to initiate, expand, or improve physical education programs in
order to make progress toward meeting State standards for physical
education.
‘‘(b) PRIVATE SCHOOL
AND HOME-SCHOOLED STUDENTS.—An
application for funds under this subpart may provide for the partici-
pation, in the activities funded under this subpart, of—
‘‘(1) students enrolled in private nonprofit elementary
schools or secondary schools, and their parents and teachers;
or
‘‘(2) home-schooled students, and their parents and
teachers.
‘‘SEC. 5505. REQUIREMENTS.
‘‘(a) ANNUAL REPORT TO THE SECRETARY.—In order to continue
receiving funding after the first year of a multiyear grant or contract
under this subpart, the administrator of the grant or contract
for the local educational agency or community-based organization
shall submit to the Secretary an annual report that—
‘‘(1) describes the activities conducted during the preceding
year; and
‘‘(2) demonstrates that progress has been made toward
meeting State standards for physical education.
‘‘(b) ADMINISTRATIVE EXPENSES.—Not more than 5 percent of
the grant funds made available to a local educational agency or
community-based organization under this subpart for any fiscal
year may be used for administrative expenses.
‘‘SEC. 5506. ADMINISTRATIVE PROVISIONS.
‘‘(a) FEDERAL SHARE.—The Federal share under this subpart
may not exceed—
‘‘(1) 90 percent of the total cost of a program for the
first year for which the program receives assistance under
this subpart; and
‘‘(2) 75 percent of such cost for the second and each subse-
quent such year.
‘‘(b) PROPORTIONALITY.—To the extent practicable, the Secretary
shall ensure that grants awarded under this subpart shall be equi-
tably distributed among local educational agencies and community-
based organizations serving urban and rural areas.
‘‘(c) REPORT TO CONGRESS.—Not later than June 1, 2003, the
Secretary shall submit a report to Congress that—
‘‘(1) describes the programs assisted under this subpart;
‘‘(2) documents the success of such programs in improving
physical fitness; and
‘‘(3) makes such recommendations as the Secretary deter-
mines appropriate for the continuation and improvement of
the programs assisted under this subpart.
‘‘(d) AVAILABILITY OF FUNDS.—Amounts made available to the
Secretary to carry out this subpart shall remain available until
expended.
‘‘SEC. 5507. SUPPLEMENT, NOT SUPPLANT.
‘‘Funds made available under this subpart shall be used to
supplement, and not supplant, any other Federal, State, or local
funds available for physical education activities.
H. R. 1—419
‘‘Subpart 11—Community Technology Centers
‘‘SEC. 5511. PURPOSE AND PROGRAM AUTHORIZATION.
‘‘(a) PURPOSE.—It is the purpose of this subpart to assist eligible
applicants—
‘‘(1) to create or expand community technology centers that
will provide disadvantaged residents of economically distressed
urban and rural communities with access to information tech-
nology and related training; and
‘‘(2) to provide technical assistance and support to commu-
nity technology centers.
‘‘(b) PROGRAM AUTHORIZATION.—The Secretary is authorized,
in conjunction with the Office of Educational Technology, to award
grants, contracts, or cooperative agreements, on a competitive basis,
for a period of not more than 3 years, to eligible applicants in
order to assist such applicants in—
‘‘(1) creating or expanding community technology centers;
or
‘‘(2) providing technical assistance and support to commu-
nity technology centers.
‘‘(3) SERVICE OF AMERICORPS PARTICIPANTS.—The Secretary
may collaborate with the Chief Executive Officer of the Corpora-
tion for National and Community Service on the use in commu-
nity technology centers of participants in National Service pro-
grams carried out under subtitle C of title I of the National
and Community Service Act of 1990 (42 U.S.C. 12571 et seq.).
‘‘SEC. 5512. ELIGIBILITY AND APPLICATION REQUIREMENTS.
‘‘(a) ELIGIBLE APPLICANTS.—In order to be eligible to receive
an award under this subpart, an applicant shall—
‘‘(1) be an entity (such as a foundation, museum, library,
for-profit business, public or private nonprofit organization,
or community-based organization), an institution of higher edu-
cation, a State educational agency, a local education agency,
or a consortium of such entities, institutions, or agencies; and
‘‘(2) have the capacity to significantly expand access to
computers and related services for disadvantaged residents of
economically distressed urban and rural communities (who
would otherwise be denied such access).
‘‘(b) APPLICATION REQUIREMENTS.—In order to receive an award
under this subpart, an eligible applicant shall submit an application
to the Secretary at such time, and containing such information,
as the Secretary may require. The application shall include each
of the following:
‘‘(1) A description of the proposed project, including a
description of the magnitude of the need for the services and
how the project would expand access to information technology
and related services to disadvantaged residents of an economi-
cally distressed urban or rural community.
‘‘(2) A demonstration of—
‘‘(A) the commitment, including the financial commit-
ment, of entities (such as institutions, organizations, busi-
ness and other groups in the community) that will provide
support for the creation, expansion, and continuation of
the proposed project; and
‘‘(B) the extent to which the proposed project coordi-
nates with other appropriate agencies, efforts, and