[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4016 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4016

To amend the Elementary and Secondary Education Act of 1965 to provide 
  funds to States to carry out drug and violence prevention programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 1996

  Mr. Zeliff introduced the following bill; which was referred to the 
          Committee on Economic and Educational Opportunities

_______________________________________________________________________

                                 A BILL


 
To amend the Elementary and Secondary Education Act of 1965 to provide 
  funds to States to carry out drug and violence prevention programs.

    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 ``Drug-Free Schools Reform Act of 
1996''.

SEC. 2. DRUG AND VIOLENCE PREVENTION PROGRAMS.

    Subpart 1 of part A of title IV of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7111 et seq.) is amended to read as 
follows:

  ``Subpart 1--State Grants for Drug and Violence Prevention Programs

``SEC. 4111. RESERVATIONS AND ALLOTMENTS.

    ``(a) Reservations.--From the amount made available under section 
4004(a) to carry out this subpart for each fiscal year, the Secretary--
            ``(1) shall reserve 1 percent of such amount for grants 
        under this subpart to Guam, American Samoa, the Virgin Islands, 
        and the Commonwealth of the Northern Mariana Islands, to be 
        allotted in accordance with the Secretary's determination of 
        their respective needs;
            ``(2) shall reserve 1 percent of such amount for the 
        Secretary of the Interior to carry out programs under this part 
        for Indian youth;
            ``(3) may reserve not more than $1,000,000 for the national 
        impact evaluation required by section 4114(a); and
            ``(4) shall reserve 0.2 percent of such amount for programs 
        for Native Hawaiians under section 4115.
    ``(b) State Allotments.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall, for each fiscal year, allocate among the 
        States--
                    ``(A) one-half of the remainder not reserved under 
                subsection (a) according to the ratio between the 
                school-aged population of each State and the school-
                aged population of all the States; and
                    ``(B) one-half of such remainder according to the 
                ratio between the amount each State received under part 
                A of title I for the preceding year and the sum of such 
                amounts received by all the States.
            ``(2) Minimum.--For any fiscal year, no State shall be 
        allotted under this subsection an amount that is less than one-
        half of 1 percent of the total amount allotted to all the 
        States under this subsection.
            ``(3) Reallotment.--The Secretary may reallot any amount of 
        any allotment to a State if the Secretary determines that the 
        State will be unable to use such amount within two years of 
        such allotment. Such reallotments shall be made on the same 
        basis as allotments are made under paragraph (1).
            ``(4) Definitions.--For the purpose of this subsection--
                    ``(A) the term `State' means each of the 50 States, 
                the District of Columbia, and the Commonwealth of 
                Puerto Rico; and
                    ``(B) the term `local educational agency' includes 
                educational service agencies and consortia of such 
                agencies.

``SEC. 4112. STATE APPLICATIONS.

    ``(a) In General.--In order to receive an allotment under section 
4111 for any fiscal year, the chief executive officer of the State 
shall submit to the Secretary, at such time as the Secretary may 
require, an application that--
            ``(1) describes how funds under this subpart will be 
        coordinated with programs under this Act, the Goals 2000: 
        Educate America Act, and other Acts, as appropriate, in 
        accordance with the provisions of section 14306;
            ``(2) contains the results of the State's needs assessment 
        for drug and violence prevention programs, which shall be based 
        on the results of on-going State evaluation activities, 
        including data on the prevalence of drug use and violence by 
        youth in schools and communities;
            ``(3) contains an assurance that the State will cooperate 
        with, and assist, the Secretary in conducting a national impact 
        evaluation of programs required by section 4114(a); and
            ``(4) includes any other information the Secretary may 
        require.
    ``(b) Peer Review.--The Secretary shall use a peer review process 
in reviewing State applications under this section.

``SEC. 4113. STATE PROGRAMS.

    ``(a) Use of Funds.--
            ``(1) In general.--The chief executive officer of a State 
        shall use funds allocated pursuant to section 4111(a)(1) for 
        drug and violence prevention programs and activities in 
        accordance with this section.
            ``(2) Administrative costs.--A chief executive officer may 
        use not more than 5 percent of the total amount received under 
        this part for the administrative costs incurred in carrying out 
        the duties of such officer under this section.
    ``(b) Programs Authorized.--
            ``(1) In general.--The exclusive and immutable purpose of 
        these grants to or contracts with the foregoing is to finance 
        or sponsor prevention or education programs dedicated to 
        teaching directly the dangers, risks, health costs, legal 
        penalties, short- and long-term negative personal impacts of 
        illegal drug use and underage drinking with funds expended for 
        no other purpose than a `no use,' `right-wrong' antidrug 
        message. If any amount or percentage of these funds is spent 
        for purposes other than a strict no-drug-use curriculum, such 
        as general health or hygiene education, social events, annual 
        sports budgets, or any other non-anti-drug program, such 
        expenditures shall be considered a violation.
            ``(2) Penalties.--Complete forfeiture, reimbursement, and 
        each applicable Federal penalty provision shall apply to each 
        person responsible for any such misapplication or misspending 
        of the funds.
            ``(3) Peer review.--Grants or contracts awarded under this 
        subsection shall be subject to a peer review process.
            ``(4) Special rule.--The chief executive officer of a State 
        may carry out activities under this subsection directly, or 
        through grants or contracts.
    ``(c) Law Enforcement Education Partnerships.--A chief executive 
officer shall use funds under subsection (a)(1) to award grants to 
State, county or local law enforcement agencies (including district 
attorneys) in consortium with local educational agencies or community-
based agencies for the purposes of carrying out drug abuse and violence 
prevention activities, such as--
            ``(1) Project Drug Abuse Resistance Education and other 
        programs which provide classroom instruction by uniformed law 
        enforcement officials that is designed to teach students to 
        recognize and resist pressures to experiment that influence 
        such children to use controlled substances or alcohol;
            ``(2) Project Legal Lives and other programs in which 
        district attorneys provide classroom instruction in the law and 
        legal system which emphasizes interactive learning techniques, 
        such as mock trial competitions;
            ``(3) partnerships between law enforcement and child 
        guidance professionals; and
            ``(4) before- and after-school activities.

``SEC. 4114. EVALUATION AND REPORTING.

    ``(a) National Impact Evaluation.--
            ``(1) Biennial evaluation.--The Secretary, in consultation 
        with the Secretary of Health and Human Services, the Director 
        of the Office of National Drug Control Policy, and the Attorney 
        General, shall conduct an independent biennial evaluation of 
        the national impact of programs assisted under this subpart and 
        of other recent and new initiatives to combat violence in 
        schools and submit a report of the findings of such evaluation 
        to the President and the Congress.
            ``(2) Data collection.--(A) The National Center for 
        Education Statistics shall collect data to determine the 
        frequency, seriousness, and incidence of violence in elementary 
        and secondary schools in the States. The Secretary shall 
        collect the data using, wherever appropriate, data submitted by 
        the States pursuant to subsection (b)(2)(B).
            ``(B) Not later than January 1, 2000, the Secretary shall 
        submit to Congress a report on the data collected under this 
        subsection, together with such recommendations as the Secretary 
        determines appropriate, including estimated costs for 
        implementing any recommendation.
    ``(b) State Report.--
            ``(1) In general.--By October 1, 1999, and every third year 
        thereafter, the chief executive officer of the State shall 
        submit to the Secretary a report on the implementation and 
        outcomes of State programs under section 4113, as well as an 
        assessment of their effectiveness.
            ``(2) Special rule.--The report required by this subsection 
        shall be--
                    ``(A) in the form specified by the Secretary;
                    ``(B) based on the State's ongoing evaluation 
                activities, and shall include data on the prevalence of 
                drug use and violence by youth in schools and 
                communities; and
                    ``(C) made readily available to the public.

``SEC. 4114. PROGRAMS FOR NATIVE HAWAIIANS.

    ``(a) General Authority.--From the funds made available pursuant to 
section 4111(a)(4) to carry out this section, the Secretary shall make 
grants to or enter into cooperative agreements or contracts with 
organizations primarily serving and representing Native Hawaiians which 
are recognized by the Governor of the State of Hawaii to plan, conduct, 
and administer programs, or portions thereof, which are authorized by 
and consistent with the provisions of this title for the benefit of 
Native Hawaiians.
    ``(b) Definition of Native Hawaiian.--For the purposes of this 
section, the term `Native Hawaiian' means any individual any of whose 
ancestors were natives, prior to 1778, of the area which now comprises 
the State of Hawaii.''.
                                 <all>