Foreign Language Assistance Act of 1993

SECTION 1. FOREIGN LANGUAGE ASSISTANCE.

    Part B of title II of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 3001 et seq.) is amended to read as follows:

``SEC. 2101. SHORT TITLE.

    ``This part may be cited as the `Foreign Language Assistance Act of 
1993'.

``SEC. 2102. FINDINGS.

    ``The Congress finds that--
            ``(1) foreign language proficiency is key to our Nation's 
        international economic competitiveness, security interests and 
        diplomatic effectiveness;
            ``(2) the United States lags behind other developed 
        countries in the opportunities the United States offers 
        elementary and secondary school students to study and become 
        proficient in foreign languages;
            ``(3) more teachers must be trained for foreign language 
        instruction in our Nation's elementary and secondary schools, 
        and those teachers must have expanded opportunities for 
        continued improvement of their skills;
            ``(4) students with proficiency in languages other than 
        English should be viewed as valuable second language resources 
        for other students; and
            ``(5) a strong Federal commitment to the purpose of this 
        part is necessary.

``SEC. 2103. PURPOSE.

    ``It is the purpose of this part to improve the quantity and 
quality of foreign language instruction offered in our Nation's 
elementary and secondary schools.

``SEC. 2104. PROGRAM AUTHORIZED.

    ``(a) Authority.--
            ``(1) Grants from the secretary.--In any fiscal year in 
        which the appropriations for this part equal or exceed 
        $50,000,000, the Secretary is authorized, in accordance with 
        the provisions of this part, to award grants to States from 
        allocations under section 2105 to pay the Federal share of the 
        costs of the activities described in section 2107.
            ``(2) State grant program.--In any fiscal year in which the 
        appropriations for this part do not equal or exceed 
        $50,000,000, the Secretary is authorized to make grants, in 
        accordance with the provisions of this part, to State 
        educational agencies, local educational agencies, consortia of 
        local educational agencies, or consortia of local educational 
        agencies and institutions of higher education, to pay the 
        Federal share of the cost of activities described in section 
        2107.
    ``(b) Supplement Not Supplant.--Funds provided under this part 
shall be used to supplement and not supplant non-Federal funds made 
available for the activities described in section 2107.
    ``(c) Duration.--Grants or contracts awarded under this part shall 
be awarded for a period of not longer than 5 years.

``SEC. 2105. ALLOCATION OF FUNDS.

    ``(a) Allocation.--From the amount appropriated under section 2113 
for any fiscal year, the Secretary shall reserve--
            ``(1) not more than \1/2\ of 1 percent for allocation among 
        Guam, American Samoa, the Virgin Islands, the Northern Mariana 
        Islands, and the Republic of Palau (until such time as the 
        Compact of Free Association is ratified) according to their 
        respective needs for assistance under this part;
            ``(2) not more than \1/2\ of 1 percent for programs for 
        Native American students served by schools funded by the 
        Secretary of the Interior if such programs are consistent with 
        the purpose of this part;
            ``(3) 10 percent for national programs described in section 
        2108(a);
            ``(4) 5 percent for evaluation and research described in 
        section 2108(b); and
            ``(5) in the case of a fiscal year in which appropriations 
        for this part equal or exceed $50,000,000, 10 percent for bonus 
        grants described in section 2108(c).
    ``(b) Formula.--In any fiscal year in which the appropriations for 
this part equal or exceed $50,000,000, the remainder of the amount so 
appropriated (after meeting the requirements of subsection (a)) shall 
be allocated among the States as follows:
            ``(1) \1/2\ of such remainder shall be allocated among the 
        States by allocating to each State an amount which bears the 
        same ratio to \1/2\ of such remainder as the number of children 
        aged 5 to 17, inclusive, in the State bears to the number of 
        such children in all States; and
            ``(2) \1/2\ of such remainder shall be allocated among the 
        States according to each State's share of allocations under 
        chapter 1 of title I for the preceding fiscal year,
except that no State shall receive less than \1/4\ of 1 percent of such 
remainder.
    ``(c) Special Rule.--The provisions of Public Law 95-134 shall not 
apply to assistance provided pursuant to paragraph (1) of subsection 
(a).

``SEC. 2106. IN-STATE APPORTIONMENT.

    ``(a) Funding Above $50,000,000.--In any fiscal year in which 
appropriations for this part equal or exceed $50,000,000, each State 
receiving a grant under this part shall distribute not less than 95 
percent of such grant funds so that--
            ``(1) 50 percent of such funds are distributed to local 
        educational agencies within the State for instructional 
        programs described in paragraph (1) of section 2107; and
            ``(2) 50 percent of such funds are distributed to local 
        educational agencies within the State for teacher development 
        and recruitment activities described in paragraph (2) of 
        section 2107.
    ``(b) Funding Below $50,000,000.--In any fiscal year in which 
appropriations for this part do not equal or exceed $50,000,000, the 
Secretary shall award grants to State educational agencies, local 
educational agencies, consortia of local educational agencies, or 
consortia of local educational agencies and institutions of higher 
education, so that--
            ``(1) 50 percent of the funds all such entities in a State 
        receive shall be used for instructional programs described in 
        paragraph (1) of section 2107; and
            ``(2) 50 percent of the funds all such entities in a State 
        receive shall be used for teacher development and recruitment 
        activities described in paragraph (2) of section 2107.

``SEC. 2107. AUTHORIZED ACTIVITIES.

    ``A State, State educational agency, local educational agency, 
consortium of local educational agencies, or consortium of a local 
educational agency and an institution of higher education may use 
payments received under this part for the following activities:
            ``(1) Instructional programs.--Activities which establish, 
        improve or expand elementary or secondary school foreign 
        language programs, including--
                    ``(A) elementary school immersion programs with 
                articulation at the secondary school level;
                    ``(B) content-based foreign language instruction; 
                and
                    ``(C) intensive summer foreign language programs 
                for students.
            ``(2) Teacher development and recruitment.--Activities 
        which--
                    ``(A) expand or improve preservice training, 
                inservice training and retraining of teachers of 
                foreign languages, which training or retraining shall 
                emphasize--
                            ``(i) intensive summer foreign language 
                        programs for teachers; and
                            ``(ii) teacher training programs for 
                        elementary school teachers;
                    ``(B) recruit qualified individuals with a 
                demonstrated proficiency in a foreign language to teach 
                foreign languages in elementary and secondary schools, 
                which individuals may include--
                            ``(i) a retired or returning Federal 
                        Government employee who served abroad or a 
                        Federal Government employee whose position 
                        required proficiency in one or more foreign 
                        languages;
                            ``(ii) a retired or returning Peace Corps 
                        volunteer;
                            ``(iii) a retired or returning business 
                        person or professional who served abroad or 
                        whose position required proficiency in one or 
                        more foreign languages;
                            ``(iv) a foreign-born national with the 
                        equivalent of a bachelor's degree from a 
                        domestic or overseas institution of higher 
                        education;
                            ``(v) an individual with a bachelor's 
                        degree whose major or minor was in a foreign 
                        language or international studies; and
                            ``(vi) a graduate of a fellowship or 
                        scholarship program assisted under the David L. 
                        Boren National Security Education Act of 1991 
                        (20 U.S.C. 1901 et seq.);
                    ``(C) develop programs of alternative teacher 
                preparation and alternative certification to qualify 
                such individuals to teach foreign languages in 
                elementary and secondary schools; and
                    ``(D) establish programs for individual foreign 
                language teachers within a local educational agency in 
                order to improve such teachers' teaching ability or the 
                instructional materials used in such teachers' 
                classrooms.

``SEC. 2108. FEDERAL ACTIVITIES.

    ``(a) National Programs.--From amounts reserved pursuant to section 
2105(a)(3) in each fiscal year, the Secretary is authorized to make 
grants to State educational agencies, local educational agencies or 
consortia of local educational agencies to pay the Federal share of the 
cost of model demonstration programs that represent a variety of 
alternative and innovative approaches to foreign language instruction 
for elementary or secondary school students, including--
            ``(1) two-way language programs; and
            ``(2) programs that integrate educational technology into 
        curricula.
    ``(b) Evaluation and Research.--From amounts reserved pursuant to 
section 2105(a)(4) in each fiscal year, the Secretary--
            ``(1) shall evaluate programs assisted under this part; and
            ``(2) through the Office of Educational Research and 
        Improvement, shall award grants or enter into contracts for 
        research, regarding--
                    ``(A) effective methods of foreign language 
                learning and teaching;
                    ``(B) assessments of elementary school foreign 
                language programs and student skills; and
                    ``(C) the efficacy of secondary school foreign 
                language programs.
    ``(c) Bonus Grants.--
            ``(1) In general.--From amounts reserved pursuant to 
        section 2105(a)(5) in any fiscal year, the Secretary is 
        authorized to award bonus grants to States which--
                    ``(A) require at least 3 years of foreign language 
                study for all students graduating from secondary school 
                in the State;
                    ``(B) require at least 2 years of foreign language 
                study prior to entrance into grade 9 in the State;
                    ``(C) have at least 40 percent of the elementary 
                school students in the State enrolled in foreign 
                language instruction programs; or
                    ``(D) have at least 70 percent of the secondary 
                school students in the State enrolled in foreign 
                language instruction programs.
            ``(2) Amount.--Each State eligible to receive a grant under 
        paragraph (1) in a fiscal year shall receive a grant in such 
        fiscal year in an amount determined as follows:
                    ``(A) 50 percent of such amount shall be determined 
                on the basis of the number of children aged 5 to 17, 
                inclusive, in such State compared to the number of such 
                children in all such States.
                    ``(B) 50 percent of such amount shall be determined 
                on the basis of such State's share of allocations under 
                chapter 1 of title I compared to all such States' share 
                of such allocations.

``SEC. 2109. APPLICATIONS.

    ``Each State, State educational agency, local educational agency, 
consortium of local educational agencies, or consortium of a local 
educational agency and an institution of higher education, desiring 
assistance under this part shall submit an application to the Secretary 
at such time, in such form, and containing or accompanied by such 
information and assurances as the Secretary may reasonably require.

``SEC. 2110. PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE; WAIVER.

    ``(a) Payments.--The Secretary shall pay to each eligible entity 
having an application approved under section 2109 the Federal share of 
the cost of the activities described in the application.
    ``(b) Federal Share.--
            ``(1) In general.--The Federal share--
                    ``(A) for the first year for which an eligible 
                entity receives assistance under this part shall be not 
                more than 90 percent;
                    ``(B) for the second such year shall be not more 
                than 80 percent;
                    ``(C) for the third such year shall be not more 
                than 60 percent; and
                    ``(D) for the fourth and any subsequent year shall 
                be not more than 40 percent.
    ``(c) Non-Federal Share.--The non-Federal share of payments under 
this part may be in cash or in kind, fairly evaluated, including 
equipment or services.
    ``(d) Waiver.--The Secretary may waive, in whole or in part, the 
requirement to provide the non-Federal share of payments for any State, 
State educational agency, local educational agency, consortium of local 
educational agencies, or consortium of a local educational agency and 
an institution of higher education, which the Secretary determines does 
not have adequate resources to pay the non-Federal share of the program 
or activity.

``SEC. 2111. PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE 
              SCHOOLS.

    ``(a) Participation of Private School Students.--To the extent 
consistent with the number of children in the State or in the school 
district of each local educational agency receiving assistance under 
this part who are enrolled in private nonprofit elementary and 
secondary schools, such State or agency shall, after consultation with 
appropriate private school representatives, make provision for 
including services and arrangements for the benefit of such children as 
will assure the equitable participation of such children in the 
purposes and benefits of this part.
    ``(b) Participation of Private School Teachers.--To the extent 
consistent with the number of children in the State or in the school 
district of a local educational agency receiving assistance under this 
part who are enrolled in private nonprofit elementary and secondary 
schools, such State or agency shall, after consultation with 
appropriate private school representatives, make provision, for the 
benefit of such teachers in such schools, for such training and 
retraining as will assure equitable participation of such teachers in 
the purposes and benefits of this part.
    ``(c) Waiver.--If by reason of any provision of law a State or 
local educational agency is prohibited from providing for the 
participation of children or teachers from private nonprofit schools as 
required by subsections (a) and (b), or if the Secretary determines 
that a State or local educational agency has substantially failed or is 
unwilling to provide for such participation on an equitable basis, the 
Secretary shall waive such requirements and shall arrange for the 
provision of services to such children or teachers, subject to the 
requirements of this section. Such waivers shall be subject to 
consultation, withholding, notice, and judicial review requirements in 
accordance with section 1017 of this Act.

``SEC. 2112. DEFINITIONS.

    ``For the purpose of this part--
            ``(1) the term `articulation' means the continuity of 
        expectations and instruction from year to year and level to 
        level within foreign language study;
            ``(2) the term `content-based foreign language instruction' 
        means instruction in which portions of subject content from the 
        regular school curriculum are taught or reinforced through the 
        medium of a foreign language;
            ``(3) the term `foreign language instruction' means 
        instruction in any foreign language, with emphasis on languages 
        not frequently taught in elementary and secondary schools;
            ``(4) the term `immersion' means an approach to foreign 
        language instruction in which students spend one-half or more 
        of their school day receiving instruction in the regular school 
        curriculum through the medium of a foreign language;
            ``(5) the term `intensive summer foreign language program' 
        means a program in which participants are immersed in the 
        foreign language for the duration of the activity;
            ``(6) the term `State' means each of the 50 States, the 
        District of Columbia and the Commonwealth of Puerto Rico; and
            ``(7) the term `two-way language program' means a foreign 
        language program in which native speakers of English are 
        brought together with approximately equal numbers of speakers 
        of another language and in which content instruction, reading 
        and language arts are taught in both English and the non-
        English language, with the goal of producing students who have 
        high levels of proficiency in English and the non-English 
        language, appreciation for other cultures, and academic 
        achievement at grade level expectation or above.

``SEC. 2113. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $75,000,000 for fiscal 
year 1994, and such sums as may be necessary for each of the 4 
succeeding years, to carry out this part.''.

                                 

S 1525 IS----2

Summary: Foreign Language Assistance Act of 1993 - Amends the Elementary and Secondary Education Act of 1965 to establish a foreign language assistance program. 
Authorizes the Secretary of Education to make grants:  (1) as allocations to States in any fiscal year in which appropriations equal or exceed a specified amount; or (2) when appropriations are below such amount, to State educational agencies, local educational agencies (LEAs), consortia of LEAs, or consortia of LEAs and institutions of higher education.  Requires that half of such funds be used for foreign language instructional programs at elementary and secondary schools and half for foreign language teacher development and recruitment. 
Authorizes as Federal activities:  (1) grants for model demonstration programs of foreign language instruction for elementary or secondary school students; (2) evaluation and research; and (3) bonus grants to States for having specified levels of foreign language requirements or enrollments. 
Provides for Federal share and for participation of children and teachers from private schools. 
Authorizes appropriations.