[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 437 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 437

To revise and extend the Safe and Drug-Free Schools and Communities Act 
                                of 1994.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2001

   Mr. DeWine (for himself, Mr. Dodd, Mrs. Murray, and Mr. Grassley) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To revise and extend the Safe and Drug-Free Schools and Communities Act 
                                of 1994.

    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 ``Safe and Drug-Free Schools and 
Communities Reauthorization Act''.

SEC. 2. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
              1965.

    Title IV of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7101 et seq.) is amended to read as follows:

         ``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

``SEC. 4001. SHORT TITLE.

    ``This part may be cited as the `Safe and Drug-Free Schools and 
Communities Act of 1994'.

``SEC. 4002. FINDINGS.

    ``Congress makes the following findings:
            ``(1) Every student should attend a school in a drug- and 
        violence-free learning environment.
            ``(2) The widespread illegal use of alcohol and drugs among 
        the Nation's secondary school students, and increasingly by 
        students in elementary schools as well, constitutes a grave 
        threat to such students' physical and mental well-being, and 
        significantly impedes the learning process. For example, data 
        show that students who drink tend to receive lower grades and 
        are more likely to miss school because of illness than students 
        who do not drink.
            ``(3) Drug and violence prevention programs are essential 
        components of a comprehensive strategy to promote school 
        safety, youth development, positive school outcomes, and to 
        reduce the demand for and illegal use of alcohol, tobacco and 
        drugs throughout the Nation. Schools, local organizations, 
        parents, students, and communities throughout the Nation have a 
        special responsibility to work together to combat the 
        continuing epidemic of violence and illegal drug use and should 
        measure the success of their programs against clearly defined 
        goals and objectives.
            ``(4) Drug and violence prevention programs are most 
        effective when implemented within a research-based, drug and 
        violence prevention framework of proven effectiveness.
            ``(5) Research clearly shows that community contexts 
        contribute to substance abuse and violence.
            ``(6) Substance abuse and violence are intricately related 
        and must be dealt with in a holistic manner.
            ``(7) Research has documented that parental behavior and 
        environment directly influence a child's inclination to use 
        alcohol, tobacco or drugs.

``SEC. 4003. PURPOSE.

    ``The purpose of this part is to support programs that prevent 
violence in and around schools and prevent the illegal use of alcohol, 
tobacco, and drugs, involve parents, and are coordinated with related 
Federal, State, school, and community efforts and resources, through 
the provision of Federal assistance to--
            ``(1) States for grants to local educational agencies and 
        educational service agencies and consortia of such agencies to 
        establish, operate, and improve local programs of school drug 
        and violence prevention, early intervention, rehabilitation 
        referral, and education in elementary and secondary schools for 
        the development and implementation of policies that set clear 
        and appropriate standards regarding the illegal use of alcohol, 
        tobacco and drugs, and for violent behavior (including 
        intermediate and junior high schools);
            ``(2) States for grants to, and contracts with, community-
        based organizations and other public and private nonprofit 
        agencies and organizations for programs of drug and violence 
        prevention including community mobilization, early 
        intervention, rehabilitation referral, and education;
            ``(3) States for development, training, technical 
        assistance, and coordination activities; and
            ``(4) public and private nonprofit organizations to provide 
        technical assistance, conduct training, demonstrations, and 
        evaluation, and to provide supplementary services and community 
        mobilization activities for the prevention of drug use and 
        violence among students and youth.

``SEC. 4004. FUNDING.

    ``There are authorized to be appropriated--
            ``(1) $700,000,000 for fiscal year 2002, and such sums as 
        may be necessary for each of the 4 succeeding fiscal years, for 
        State grants under part A;
            ``(2) $150,000,000 for fiscal year 2002, and such sums as 
        may be necessary for each of the 4 succeeding fiscal years, for 
        national programs under part B; and
            ``(3) $75,000,000 for fiscal year 2002, and such sums as 
        may be necessary for each of the 4 succeeding fiscal years, for 
        the National Coordinator Initiative under section 4122.

    ``PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS

``SEC. 4111. RESERVATIONS AND ALLOTMENTS.

    ``(a) Reservations.--From the amount made available under section 
4004(1) to carry out this part for each fiscal year, the Secretary--
            ``(1) shall reserve 1 percent of such amount for grants 
        under this part 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 $2,000,000 for the national 
        impact evaluation required by section 4117(a); and
            ``(4) shall reserve 0.2 percent of such amount for programs 
        for Native Hawaiians under section 4118.
    ``(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 
                section 1124A 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 2 years of such 
        allotment. Such reallotments shall be made on the same basis as 
        allotments are made under paragraph (1).
            ``(4) Definitions.--In this subsection:
                    ``(A) State.--The term `State' means each of the 50 
                States, the District of Columbia, and the Commonwealth 
                of Puerto Rico.
                    ``(B) Local educational agency.--The term `local 
                educational agency' includes educational service 
                agencies and consortia of such agencies.
    ``(c) Limitation.--Amounts appropriated under section 4004(2) for a 
fiscal year may not be increased above the amounts appropriated under 
such section for the previous fiscal year unless the amounts 
appropriated under section 4004(1) for the fiscal year involved are at 
least 10 percent greater that the amounts appropriated under such 
section 4004(1) for the previous fiscal year.

``SEC. 4112. STATE APPLICATIONS.

    ``(a) In General.--In order to receive an allotment under section 
4111 for any fiscal year, a State shall submit to the Secretary, at 
such time as the Secretary may require, an application that--
            ``(1) contains a comprehensive plan for the use of funds by 
        the State educational agency and the chief executive officer to 
        provide safe, orderly, and drug-free schools and communities;
            ``(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 incidence and prevalence, age of onset, 
        perception of health risk, and perception of social disapproval 
        of drug use and violence by youth in schools and communities 
        and the prevalence of risk or protective factors, buffers or 
        assets or other research-based variables in the school and 
        community;
            ``(3) contains assurances that the sections of the 
        application concerning the funds provided to the chief 
        executive officer and the State educational agency were 
        developed together, with each such officer or State 
        representative, in consultation and coordination with 
        appropriate State officials and others, including the chief 
        State school officer, the chief executive officer, the head of 
        the State alcohol and drug abuse agency, the heads of the State 
        health and mental health agencies, the head of the State 
        criminal justice planning agency, the head of the State child 
        welfare agency, the head of the State board of education, or 
        their designees, and representatives of parents, students, and 
        community-based organizations;
            ``(4) contains an assurance that the State will cooperate 
        with, and assist, the Secretary in conducting a national impact 
        evaluation of programs required by section 4117(a);
            ``(5) contains assurances that the State education agency 
        and the Governor will develop their respective applications in 
        consultation with an advisory council that includes, to the 
        extent practicable, representatives from school districts, 
        businesses, parents, youth, teachers, administrators, pupil 
        services personnel, private schools, appropriate State 
        agencies, community-based organization, the medical profession, 
        law enforcement, the faith-based community and other groups 
        with interest and expertise in alcohol, tobacco, drug, and 
        violence prevention;
            ``(6) contains assurances that the State education agency 
        and the Governor involve the representatives described in 
        paragraph (5), on an ongoing basis, to review program 
        evaluations and other relevant material and make 
        recommendations to the State education agency and the Governor 
        on how to improve their respective alcohol, tobacco, drug, and 
        violence prevention programs;
            ``(7) contains a list of the State's results-based 
        performance measures for drug and violence prevention, that 
        shall--
                    ``(A) be focused on student behavior and attitudes 
                and be derived from the needs assessment;
                    ``(B) include targets and due dates for the 
                attainment of such performance measures; and
                    ``(C) include a description of the procedures that 
                the State will use to inform local educational agencies 
                of such performance measures for assessing and publicly 
                reporting progress toward meeting such measures or 
                revising them as needed; and
            ``(8) includes any other information the Secretary may 
        require.
    ``(b) State Educational Agency Funds.--A State's application under 
this section shall also contain a comprehensive plan for the use of 
funds under section 4113(a) by the State educational agency that 
includes--
            ``(1) a plan for monitoring the implementation of, and 
        providing technical assistance regarding, the drug and violence 
        prevention programs conducted by local educational agencies in 
        accordance with section 4116;
            ``(2) a description of how the State educational agency 
        will use funds under section 4113(b), including how the agency 
        will receive input from parents regarding the use of such 
        funds;
            ``(3) a description of how the State educational agency 
        will coordinate such agency's activities under this part with 
        the chief executive officer's drug and violence prevention 
        programs under this part and with the prevention efforts of 
        other State agencies; and
            ``(4) a description of the procedures the State educational 
        agency will use to review applications from and allocate 
        funding to local educational agencies under section 4115 and 
        how such review will receive input from parents.
    ``(c) Governor's Funds.--A State's application under this section 
shall also contain a comprehensive plan for the use of funds under 
section 4114(a) by the chief executive officer that includes, with 
respect to each activity to be carried out by the State--
            ``(1) a description of how the chief executive officer will 
        coordinate such officer's activities under this part with the 
        State educational agency and other State agencies and 
        organizations involved with drug and violence prevention 
        efforts;
            ``(2) a description of how funds reserved under section 
        4114(a) will be used so as not to duplicate the efforts of the 
        State educational agency and local educational agencies with 
        regard to the provision of school-based prevention efforts and 
        services and how those funds will be used to serve populations 
        not normally served by the State educational agency, such as 
        school dropouts and youth in detention centers;
            ``(3) a description of how the chief executive officer will 
        award funds under section 4114(a) and a plan for monitoring the 
        performance of, and providing technical assistance to, 
        recipients of such funds;
            ``(4) a description of the special outreach activities that 
        will be carried out to maximize the participation of community-
        based nonprofit organizations of demonstrated effectiveness 
        which provide services in low-income communities;
            ``(5) a description of how funds will be used to support 
        community-wide comprehensive drug and violence prevention 
        planning and community mobilization activities; and
            ``(6) a specific description of how input from parents will 
        be sought regarding the use of funds under section 4114(a).
    ``(d) Peer Review.--The Secretary shall use a peer review process 
in reviewing State applications under this section.
    ``(e) Interim Application.--Notwithstanding any other provisions of 
this section, a State may submit for fiscal year 2001 a 1-year interim 
application and plan for the use of funds under this part that are 
consistent with the requirements of this section and contain such 
information as the Secretary may specify in regulations. The purpose of 
such interim application and plan shall be to afford the State the 
opportunity to fully develop and review such State's application and 
comprehensive plan otherwise required by this section. A State may not 
receive a grant under this part for a fiscal year subsequent to fiscal 
year 2001 unless the Secretary has approved such State's application 
and comprehensive plan in accordance with this part.

``SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.

    ``(a) Use of Funds.--An amount equal to 80 percent of the total 
amount allocated to a State under section 4111 for each fiscal year 
shall be used by the State educational agency and its local educational 
agencies for drug and violence prevention activities in accordance with 
this section.
    ``(b) State Level Programs.--
            ``(1) In general.--A State educational agency shall use not 
        more than 5 percent of the amount available under subsection 
        (a) for activities such as--
                    ``(A) voluntary training and technical assistance 
                concerning drug and violence prevention for local 
                educational agencies and educational service agencies, 
                including teachers, administrators, coaches and 
                athletic directors, other staff, parents, students, 
                community leaders, health service providers, local law 
                enforcement officials, and judicial officials;
                    ``(B) the development, identification, 
                dissemination, and evaluation of the most readily 
                available, accurate, and up-to-date drug and violence 
                prevention curriculum materials (including videotapes, 
                software, and other technology-based learning 
                resources), for consideration by local educational 
                agencies;
                    ``(C) making available to local educational 
                agencies cost effective research-based programs for 
                youth violence and drug abuse prevention;
                    ``(D) demonstration projects in drug and violence 
                prevention, including service-learning projects;
                    ``(E) training, technical assistance, and 
                demonstration projects to address violence associated 
                with prejudice and intolerance;
                    ``(F) financial assistance to enhance resources 
                available for drug and violence prevention in areas 
                serving large numbers of economically disadvantaged 
                children or sparsely populated areas, or to meet other 
                special needs consistent with the purposes of this 
                part; and
                    ``(G) the evaluation of activities carried out 
                within the State under this part.
            ``(2) Special rule.--A State educational agency may carry 
        out activities under this subsection directly, or through 
        grants or contracts.
    ``(c) State Administration.--
            ``(1) In general.--A State educational agency may use not 
        more than 5 percent of the amount reserved under subsection (a) 
        for the administrative costs of carrying out its 
        responsibilities under this part.
            ``(2) Uniform management information and reporting 
        system.--In carrying out its responsibilities under this part, 
        a State shall implement a uniform management information and 
        reporting system that includes information on the types of 
        curricula, programs and services provided by the State, 
        Governor, local education agencies, and other recipients of 
        funds under this title.
    ``(d) Local Educational Agency Programs.--
            ``(1) In general.--A State educational agency shall 
        distribute not less than 91 percent of the amount made 
        available under subsection (a) for each fiscal year to local 
        educational agencies in accordance with this subsection.
            ``(2) Distribution.--A State educational agency shall 
        distribute amounts under paragraph (1) in accordance with any 
        one of the following subparagraphs:
                    ``(A) Enrollment and combination approach.--Of the 
                amount distributed under paragraph (1), a State 
                educational agency shall distribute
                            ``(i) at least 70 percent of such amount to 
                        local educational agencies, based on the 
                        relative enrollments in public and private 
                        nonprofit elementary and secondary schools 
                        within the boundaries of such agencies; and
                            ``(ii) not to exceed 30 percent of any 
                        amounts remaining after amounts are distributed 
                        under clause (i)--
                                    ``(I) to each local educational 
                                agency in an amount determined 
                                appropriate by the State education 
                                agency; or
                                    ``(II) to local educational 
                                agencies that the State education 
                                agency determines have the greatest 
                                need for additional funds to carry out 
                                drug and violence prevention programs 
                                authorized by this part.
                    ``(B) Competitive and need approach.--Of the amount 
                distributed under paragraph (1), a State educational 
                agency shall distribute--
                            ``(i) not to exceed 70 percent of such 
                        amount to local educational agencies that the 
                        State agency determines, through a competitive 
                        process, have the greatest need for funds to 
                        carry out drug and violence prevention programs 
                        based on criteria established by the State 
                        agency and authorized under this part; and
                            ``(ii) at least 30 percent of any amounts 
                        remaining after amounts are distributed under 
                        clause (i) to local education agencies that the 
                        State agency determines have a need for 
                        additional funds to carry out the program 
                        authorized under this part.
            ``(3) Consideration of objective data.--For purposes of 
        paragraph (2), in determining which local educational agencies 
        have the greatest need for funds, the State educational agency 
        shall consider objective data which may include--
                    ``(A) high or increasing rates of alcohol or drug 
                use among youth;
                    ``(B) high or increasing rates of victimization of 
                youth by violence and crime;
                    ``(C) high or increasing rates of arrests and 
                convictions of youth for violent or drug- or alcohol-
                related crime;
                    ``(D) the extent of illegal gang activity;
                    ``(E) high or increasing incidence of violence 
                associated with prejudice and intolerance;
                    ``(F) high or increasing rates of referrals of 
                youths to drug and alcohol abuse treatment and 
                rehabilitation programs;
                    ``(G) high or increasing rates of referrals of 
                youths to juvenile court;
                    ``(H) high or increasing rates of expulsions and 
                suspensions of students from schools;
                    ``(I) high or increasing rates of reported cases of 
                child abuse and domestic violence; and
                    ``(J) high or increasing rates of drug related 
                emergencies or deaths.
    ``(e) Reallocation of Funds.--If a local educational agency chooses 
not to apply to receive the amount allocated to such agency under 
subsection (d), or if such agency's application under section 4115 is 
disapproved by the State educational agency, the State educational 
agency shall reallocate such amount to one or more of its other local 
educational agencies.
    ``(f) Return of Funds to State Educational Agency; Reallocation.--
            ``(1) Return.--Except as provided in paragraph (2), upon 
        the expiration of the 1-year period beginning on the date that 
        a local educational agency or educational service agency under 
        this title receives its allocation under this title--
                    ``(A) such agency shall return to the State 
                educational agency any funds from such allocation that 
                remain unobligated; and
                    ``(B) the State educational agency shall reallocate 
                any such amount to local educational agencies or 
                educational service agencies that have plans for using 
                such amount for programs or activities on a timely 
                basis.
            ``(2) Reallocation.--In any fiscal year, a local 
        educational agency, may retain for obligation in the succeeding 
        fiscal year--
                    ``(A) an amount equal to not more than 25 percent 
                of the allocation it receives under this title for such 
                fiscal year; or
                    ``(B) upon a demonstration of good cause by such 
                agency or consortium, a greater amount approved by the 
State educational agency.

``SEC. 4114. GOVERNOR'S PROGRAMS.

    ``(a) Use of Funds.--
            ``(1) In general.--An amount equal to 20 percent of the 
        total amount allocated to a State under section 4111(b)(1) for 
        each fiscal year shall be used by the chief executive officer 
        of such State 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 20 percent described in 
        paragraph (1) for the administrative costs incurred in carrying 
        out the duties of such officer under this section. The chief 
        executive officer of a State may use amounts under this 
        paragraph to award grants to State, county, or local law 
        enforcement agencies, including district attorneys, in 
        consultation with local education agencies or community-based 
        agencies, for the purposes of carrying out drug abuse and 
        violence prevention activities.
    ``(b) State Plan.--Amounts shall be used under this section in 
accordance with a State plan submitted by the chief executive office of 
the State. Such State plan shall contain--
            ``(1) an objective analysis of the current use (and 
        consequences of such use) of alcohol, tobacco, and controlled, 
        illegal, addictive or harmful substances as well as the 
        violence, safety, and discipline problems among students who 
        attend schools in the State (including private school students 
        who participate in the States's drug and violence prevention 
        programs) that is based on ongoing local assessment or 
        evaluation activities;
            ``(2) an analysis, based on data reasonably available at 
        the time, of the prevalence of risk or protective factors, 
        buffers or assets or other research-based variables in schools 
        and communities in the State;
            ``(3) a description of the research-based strategies and 
        programs, which shall be used to prevent or reduce drug use, 
        violence, or disruptive behavior, which shall include--
                    ``(A) a specification of the objectively measurable 
                goals, objectives, and activities for the program;
                    ``(B) a specification for how risk factors, if any, 
                which have been identified will be targeted through 
                research-based programs; and
                    ``(C) a specification for how protective factors, 
                buffers, or assets, if any, will be targeted through 
                research-based programs;
            ``(4) a specification for the method or methods by which 
        measurements of program goals will be achieved; and
            ``(5) a specification for how the evaluation of the 
        effectiveness of the prevention program will be assessed and 
        how the results will be used to refine, improve, and strengthen 
        the program.
    ``(c) Programs Authorized.--
            ``(1) In general.--A chief executive officer shall use 
        funds made available under subsection (a)(1) directly for 
        grants to or contracts with parent groups, schools, community 
        action and job training agencies, community-based 
        organizations, community anti-drug coalitions, law enforcement 
        education partnerships, and other public entities and private 
        nonprofit organizations and consortia thereof. In making such 
        grants and contracts, a chief executive officer shall give 
        priority to programs and activities described in subsection (d) 
        for--
                    ``(A) children and youth who are not normally 
                served by State or local educational agencies; or
                    ``(B) populations that need special services or 
                additional resources (such as preschoolers, youth in 
                juvenile detention facilities, runaway or homeless 
                children and youth, pregnant and parenting teenagers, 
                and school dropouts).
            ``(2) Peer review.--Grants or contracts awarded under this 
        subsection shall be subject to a peer review process.
    ``(d) Authorized Activities.--Grants and contracts under subsection 
(c) shall be used to carry out the comprehensive State plan as required 
under section 4112(a)(1) through programs and activities such as--
            ``(1) disseminating information about drug and violence 
        prevention;
            ``(2) the voluntary training of parents, law enforcement 
        officials, judicial officials, social service providers, health 
        service providers and community leaders about drug and violence 
        prevention, health education (as it relates to drug and 
        violence prevention), early intervention, pupil services, or 
        rehabilitation referral;
            ``(3) developing and implementing comprehensive, community-
        based drug and violence prevention programs that link community 
        resources with schools and integrate services involving 
        education, vocational and job skills training and placement, 
        law enforcement, health, mental health, community service, 
        service-learning, mentoring, and other appropriate services;
            ``(4) planning and implementing drug and violence 
        prevention activities that coordinate the efforts of State 
        agencies with efforts of the State educational agency and its 
        local educational agencies;
            ``(5) activities to protect students traveling to and from 
        school;
            ``(6) before-and-after school recreational, instructional, 
        cultural, and artistic programs that encourage drug- and 
        violence-free lifestyles;
            ``(7) activities that promote the awareness of and 
        sensitivity to alternatives to violence through courses of 
        study that include related issues of intolerance and hatred in 
        history;
            ``(8) developing and implementing activities to prevent and 
        reduce violence associated with prejudice and intolerance;
            ``(9) developing and implementing strategies to prevent 
        illegal gang activity;
            ``(10) coordinating and conducting school and community-
        wide violence and safety and drug abuse assessments and 
        surveys;
            ``(11) service-learning projects that encourage drug- and 
        violence-free lifestyles;
            ``(12) evaluating programs and activities assisted under 
        this section;
            ``(13) developing and implementing community mobilization 
        activities to undertake environmental change strategies related 
        to substance abuse and violence; and
            ``(14) partnerships between local law enforcement agencies, 
        including district attorneys, and local education agencies or 
        community-based agencies.

``SEC. 4115. LOCAL APPLICATIONS.

    ``(a) Application Required.--
            ``(1) In general.--In order to be eligible to receive a 
        distribution under section 4113(d) for any fiscal year, a local 
        educational agency shall submit, at such time as the State 
        educational agency requires, an application to the State 
        educational agency for approval. Such an application shall be 
        amended, as necessary, to reflect changes in the local 
        educational agency's program.
            ``(2) Development.--
                    ``(A) Consultation.--A local educational agency 
                shall develop its application under subsection (a)(1) 
                in consultation with a local or substate regional 
                advisory council that includes, to the extent possible, 
                representatives of local government, business, parents, 
                students, teachers, pupil services personnel, 
                appropriate State agencies, private schools, the 
                medical profession, law enforcement, community-based 
                organizations, and other groups with interest and 
                expertise in drug and violence prevention.
                    ``(B) Duties of advisory council.--In addition to 
                assisting the local educational agency to develop an 
                application under this section, the advisory council 
                established or designated under subparagraph (A) shall, 
                on an ongoing basis--
                            ``(i) disseminate information about 
                        research-based drug and violence prevention 
                        programs, projects, and activities conducted 
                        within the boundaries of the local educational 
                        agency;
                            ``(ii) advise the local educational agency 
                        regarding how best to coordinate such agency's 
                        activities under this part with other related 
                        programs, projects, and activities;
                            ``(iii) ensure that a mechanism is in place 
                        to enable local educational agencies to have 
                        access to up-to-date information concerning the 
                        agencies that administer related programs, 
                        projects, and activities and any changes in the 
                        law that alter the duties of the local 
                        educational agencies with respect to activities 
                        conducted under this part; and
                            ``(iv) review program evaluations and other 
                        relevant material and make recommendations on 
                        an active and ongoing basis to the local 
                        educational agency on how to improve such 
                        agency's drug and violence prevention programs.
    ``(b) Contents of Applications.--An application under this section 
shall contain--
            ``(1) an objective analysis of the current use (and 
        consequences of such use) of alcohol, tobacco, and controlled, 
        illegal, addictive or harmful substances as well as the 
        violence, safety, and discipline problems among students who 
        attend the schools of the applicant (including private school 
        students who participate in the applicant's drug and violence 
        prevention program) that is based on ongoing local assessment 
        or evaluation activities;
            ``(2) an analysis, based on data reasonably available at 
        the time, of the prevalence of risk or protective factors, 
        buffers or assets or other research-based variables in the 
        school and community;
            ``(3) a description of the research-based strategies and 
        programs, which shall be used to prevent or reduce drug use, 
        violence, or disruptive behavior, which shall include--
                    ``(A) a specification of the objectively measurable 
                goals, objectives, and activities for the program, 
                which shall include--
                            ``(i) reductions in the use of alcohol, 
                        tobacco, and illicit drugs and violence by 
                        youth;
                            ``(ii) specific reductions in the 
                        prevalence of identified risk factors;
                            ``(iii) specific increases in the 
                        prevalence of protective factors, buffers, or 
                        assets if any have been identified; or
                            ``(iv) other research-based goals, 
                        objectives, and activities that are identified 
                        as part of the application that are not 
                        otherwise covered under clauses (i) through 
                        (iii);
                    ``(B) a specification for how risk factors, if any, 
                which have been identified will be targeted through 
                research-based programs; and
                    ``(C) a specification for how protective factors, 
                buffers, or assets, if any, will be targeted through 
                research-based programs;
            ``(4) a specification for the method or methods by which 
        measurements of program goals will be achieved;
            ``(5) a specification for how the evaluation of the 
        effectiveness of the prevention program will be assessed and 
        how the results will be used to refine, improve, and strengthen 
        the program;
            ``(6) an assurance that the applicant has, or the schools 
        to be served have, a plan for keeping schools safe and drug-
        free that includes--
                    ``(A) appropriate and effective discipline policies 
                that prohibit disorderly conduct, the possession of 
                firearms and other weapons, and the illegal use, 
                possession, distribution, and sale of tobacco, alcohol, 
and other drugs by students;
                    ``(B) security procedures at school and while 
                students are on the way to and from school;
                    ``(C) prevention activities that are designed to 
                create and maintain safe, disciplined, and drug-free 
                environments; and
                    ``(D) a crisis management plan for responding to 
                violent or traumatic incidents on school grounds; and
            ``(7) such other information and assurances as the State 
        educational agency may reasonably require.
    ``(c) Review of Application.--
            ``(1) In general.--In reviewing local applications under 
        this section, a State educational agency shall use a peer 
        review process or other methods of assuring the quality of such 
        applications.
            ``(2) Considerations.--
                    ``(A) In general.--In determining whether to 
                approve the application of a local educational agency 
                under this section, a State educational agency shall 
                consider the quality of the local educational agency's 
                comprehensive plan under subsection (b)(6) and the 
                extent to which the proposed plan provides a thorough 
                assessment of the substance abuse and violence problem, 
                uses objective data and the knowledge of a wide range 
                of community members, develops measurable goals and 
                objectives, and implements research-based programs that 
                have been shown to be effective and meet identified 
                needs.
                    ``(B) Disapproval.--A State educational agency may 
                disapprove a local educational agency application under 
                this section in whole or in part and may withhold, 
                limit, or place restrictions on the use of funds 
                allotted to such a local educational agency in a manner 
                the State educational agency determines will best 
                promote the purposes of this part, except that a local 
                educational agency shall be afforded an opportunity to 
                appeal any such disapproval.

``SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.

    ``(a) Program Requirements.--A local educational agency shall use 
funds received under this part to adopt and carry out a comprehensive 
drug and violence prevention program which shall--
            ``(1) be designed, for all students and school employees, 
        to--
                    ``(A) prevent the use, possession, and distribution 
                of tobacco, alcohol, and illegal drugs by students and 
                to prevent the illegal use, possession, and 
                distribution of such substances by school employees;
                    ``(B) prevent violence and promote school safety; 
                and
                    ``(C) create a disciplined environment conducive to 
                learning;
            ``(2) include activities to promote the involvement of 
        parents and coordination with community groups and agencies, 
        including the distribution of information about the local 
        educational agency's needs, goals, and programs under this 
        part;
            ``(3) implement activities which shall only include--
                    ``(A) a thorough assessment of the substance abuse 
                violence problem, using objective data and the 
                knowledge of a wide range of community members;
                    ``(B) the development of measurable goals and 
                objectives;
                    ``(C) the implementation of research-based programs 
                that have been shown to be effective and meet 
                identified goals; and
                    ``(D) an evaluation of program activities; and
            ``(4) implement prevention programming activities within 
        the context of a research-based prevention framework.
    ``(b) Use of Funds.--A comprehensive, age-appropriate, 
developmentally-, and research-based drug and violence prevention 
program carried out under this part may include--
            ``(1) drug or violence prevention and education programs 
        for all students, from the preschool level through grade 12, 
        that address the legal, social, personal and health 
        consequences of the use of illegal drugs or violence, promote a 
        sense of individual responsibility, and provide information 
        about effective techniques for resisting peer pressure to use 
        illegal drugs;
            ``(2) programs of drug or violence prevention, health 
        education (as it relates to drug and violence prevention), 
        early intervention, pupil services, mentoring, or 
        rehabilitation referral, which emphasize students' sense of 
individual responsibility and which may include--
                    ``(A) the dissemination of information about drug 
                or violence prevention;
                    ``(B) the professional development or voluntary 
                training of school personnel, parents, students, law 
                enforcement officials, judicial officials, health 
                service providers and community leaders in prevention, 
                education, early intervention, pupil services or 
                rehabilitation referral; and
                    ``(C) the implementation of strategies, including 
                strategies to integrate the delivery of services from a 
                variety of providers, to combat illegal alcohol, 
                tobacco and drug use, such as--
                            ``(i) family counseling; and
                            ``(ii) activities, such as community 
                        service and service-learning projects, that are 
                        designed to increase students' sense of 
                        community;
            ``(3) age-appropriate, developmentally based violence 
        prevention and education programs for all students, from the 
        preschool level through grade 12, that address the legal, 
        health, personal, and social consequences of violent and 
        disruptive behavior, including sexual harassment and abuse, and 
        victimization associated with prejudice and intolerance, and 
        that include activities designed to help students develop a 
        sense of individual responsibility and respect for the rights 
        of others, and to resolve conflicts without violence, or 
        otherwise decrease the prevalence of risk factors or increase 
        the prevalence of protective factors, buffers, or assets in the 
        community;
            ``(4) violence prevention programs for school-aged youth, 
        which emphasize students' sense of individual responsibility 
        and may include--
                    ``(A) the dissemination of information about school 
                safety and discipline;
                    ``(B) the professional development or voluntary 
                training of school personnel, parents, students, law 
                enforcement officials, judicial officials, and 
                community leaders in designing and implementing 
                strategies to prevent school violence;
                    ``(C) the implementation of strategies, such as 
                conflict resolution and peer mediation, student 
                outreach efforts against violence, anti-crime youth 
                councils (which work with school and community-based 
                organizations to discuss and develop crime prevention 
                strategies), and the use of mentoring programs, to 
                combat school violence and other forms of disruptive 
                behavior, such as sexual harassment and abuse; and
                    ``(D) the development and implementation of 
                character education programs, as a component of a 
                comprehensive drug or violence prevention program, that 
                are tailored by communities, parents and schools; and
                    ``(E) comprehensive, community-wide strategies to 
                prevent or reduce illegal gang activities and drug use;
            ``(5) supporting `safe zones of passage' for students 
        between home and school through such measures as Drug- and 
        Weapon-Free School Zones, enhanced law enforcement, and 
        neighborhood patrols;
            ``(6) the acquisition or hiring of school security 
        equipment, technologies, personnel, or services such as--
                    ``(A) metal detectors;
                    ``(B) electronic locks;
                    ``(C) surveillance cameras; and
                    ``(D) other drug and violence prevention-related 
                equipment and technologies;
            ``(7) professional development for teachers and other staff 
        and curricula that promote the awareness of and sensitivity to 
        alternatives to violence through courses of study that include 
        related issues of intolerance and hatred in history;
            ``(8) the promotion of before-and-after school 
        recreational, instructional, cultural, and artistic programs in 
        supervised community settings;
            ``(9) other research-based prevention programming that is--
                    ``(A) effective in reducing the prevalence of 
                alcohol, tobacco or drug use, and violence in youth;
                    ``(B) effective in reducing the prevalence of risk 
                factors predictive of increased alcohol, tobacco or 
                drug use, and violence; or
                    ``(C) effective in increasing the prevalence of 
                protective factors, buffers, and assets predictive of 
                decreased alcohol, tobacco or drug use and violence 
                among youth;
            ``(10) the collection of objective data used to assess 
        program needs, program implementation, or program success in 
        achieving program goals and objectives;
            ``(11) community involvement activities including community 
        mobilization;
            ``(12) voluntary parental involvement and training;
            ``(13) the evaluation of any of the activities authorized 
        under this subsection;
            ``(14) the provision of mental health counseling (by 
        qualified counselors) to students for drug or violence related 
        problems;
            ``(15) consistent with the fourth amendment to the 
        Constitution of the United States, the testing of a student for 
        illegal drug use or inspecting a student's locker for guns, 
        explosives, other weapons, or illegal drugs, including at the 
        request of or with the consent of a parent or legal guardian of 
        the student, if the local educational agency elects to so test 
        or inspect; and
            ``(16) the conduct of a nationwide background check of each 
        local educational agency employee (regardless of when hired) 
        and prospective employees for the purpose of determining 
        whether the employee or prospective employee has been convicted 
        of a crime that bears upon the employee's or prospective 
        employee's fitness--
                    ``(A) to have responsibility for the safety or 
                well-being of children;
                    ``(B) to serve in the particular capacity in which 
                the employee or prospective employee is or will be 
                employed; or
                    ``(C) to otherwise be employed at all by the local 
                educational agency.
    ``(c) Limitations.--
            ``(1) In general.--Not more than 20 percent of the funds 
        made available to a local educational agency under this part 
        may be used to carry out the activities described in paragraphs 
        (5) and (6) of subsection (b).
            ``(2) Special rule.--A local educational agency shall only 
        be able to use funds received under this part for activities 
        described in paragraphs (5) and (6) of subsection (b) if 
        funding for such activities is not received from other Federal 
        agencies.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to prohibit the use of funds under this part by any local 
educational agency or school for the establishment or implementation of 
a school uniform policy so long as such policy is part of the overall 
comprehensive drug and violence prevention plan of the State involved 
and is supported by the State's needs assessment and other research-
based information.

``SEC. 4117. EVALUATION AND REPORTING.

    ``(a) Impact Evaluation.--
            ``(1) Biennial evaluation.--The Secretary, in consultation 
        with the National Advisory Committee, shall conduct an 
        independent biennial evaluation of the impact of programs 
        assisted under this part and of other recent and new 
        initiatives to combat violence in schools. The evaluation shall 
        report on--
                    ``(A) whether funded community and local education 
                agency programs--
                            ``(i) provided a thorough assessment of the 
                        substance abuse and violence problem;
                            ``(ii) used objective data and the 
                        knowledge of a wide range of community members;
                            ``(iii) developed measurable goals and 
                        objectives; and
                            ``(iv) implemented research-based programs 
                        that have been shown to be effective and meet 
                        identified needs;
                            ``(v) conducted periodic program 
                        evaluations to assess progress made towards 
                        achieving program goals and objectives and 
                        whether they used evaluations to improve 
                        program goals, objectives and activities;
                    ``(B) whether funded community and local education 
                agency programs have been designed and implemented in a 
                manner that specifically targets, if relevant to the 
                program--
                            ``(i) research-based variables that are 
                        predictive of drug use or violence;
                            ``(ii) risk factors that are predictive of 
                        an increased likelihood that young people will 
                        use drugs, alcohol or tobacco or engage in 
                        violence or drop out of school; or
                            ``(iii) protective factors, buffers, or 
                        assets that are known to protect children and 
                        youth from exposure to risk, either by reducing 
                        the exposure to risk factors or by changing the 
                        way the young person responds to risk, and to 
                        increase the likelihood of positive youth 
                        development;
                    ``(C) whether funded community and local education 
                agency programs have appreciably reduced the level of 
                drug, alcohol and tobacco use and school violence and 
                the presence of firearms at schools; and
                    ``(D) whether funded community and local 
                educational agency programs have conducted effective 
                parent involvement and voluntary training programs.
            ``(2) Data collection.--The National Center for Education 
        Statistics shall collect data to determine the incidence and 
        prevalence of social disapproval of drug use and violence in 
        elementary and secondary schools in the States.
            ``(3) Biennial report.--Not later than January 1, 2003, and 
        every 2 years thereafter, the Secretary shall submit to the 
        President and Congress a report on the findings of the 
        evaluation conducted under paragraph (1) together with the data 
        collected under paragraph (2) and data available from other 
        sources on the incidence and prevalence, age of onset, 
        perception of health risk, and perception of social disapproval 
        of drug use in elementary and secondary schools in the States. 
        The Secretary shall include data submitted by the States 
        pursuant to subsection (b)(2)(B).
    ``(b) State Report.--
            ``(1) In general.--By December 1, 2002, and every 2 years 
        thereafter, the chief executive officer of the State, in 
        cooperation with the State educational agency, shall submit to 
        the Secretary a report--
                    ``(A) on the implementation and outcomes of State 
                programs under section 4114 and section 4113(b) and 
                local educational agency programs under section 
                4113(d), as well as an assessment of their 
                effectiveness;
                    ``(B) on the State's progress toward attaining its 
                goals for drug and violence prevention under 
                subsections (b)(1) and (c)(1) of section 4112; and
                    ``(C) on the State's efforts to inform parents of, 
                and include parents in, violence and drug prevention 
                efforts.
            ``(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 incidence and 
                prevalence, age of onset, perception of health risk, 
                and perception of social disapproval of drug use and 
                violence by youth in schools and communities; and
                    ``(C) made readily available to the public.
    ``(c) Local Educational Agency Report.--
            ``(1) In general.--Each local educational agency receiving 
        funds under this part shall submit to the State educational 
        agency such information that the State requires to complete the 
        State report required by subsection (b), including a 
        description of how parents were informed of, and participated 
        in, violence and drug prevention efforts.
            ``(2) Availability.--Information under paragraph (1) shall 
        be made readily available to the public.
            ``(3) Provision of documentation.--Not later than January 1 
        of each year that a State is required to report under 
        subsection (b), the Secretary shall provide to the State 
        education agency all of the necessary documentation required 
        for compliance with this section.

``SEC. 4118. 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.

                      ``PART B--NATIONAL PROGRAMS

``SEC. 4121. FEDERAL ACTIVITIES.

    ``(a) Program Authorized.--From funds made available to carry out 
this part under section 4004(2), 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 carry 
out programs to prevent the illegal use of drugs and violence among, 
and promote safety and discipline for, students at all educational 
levels from preschool through the post-secondary level. The Secretary 
shall carry out such programs directly, or through grants, contracts, 
or cooperative agreements with public and private nonprofit 
organizations and individuals, or through agreements with other Federal 
agencies, and shall coordinate such programs with other appropriate 
Federal activities. Such programs may include--
            ``(1) the development and demonstration of innovative 
        strategies for the voluntary training of school personnel, 
        parents, and members of the community, including the 
        demonstration of model preservice training programs for 
        prospective school personnel;
            ``(2) demonstrations and rigorous evaluations of innovative 
        approaches to drug and violence prevention;
            ``(3) the provision of information on drug abuse education 
        and prevention to the Secretary of Health and Human Services 
        for dissemination by the clearinghouse for alcohol and drug 
        abuse information established under section 501(d)(16) of the 
        Public Health Service Act;
            ``(4) the development of curricula related to child abuse 
        prevention and education and the training of personnel to teach 
        child abuse education and prevention to elementary and 
        secondary schoolchildren;
            ``(5) program evaluations in accordance with section 10201 
        that address issues not addressed under section 4117(a);
            ``(6) direct services to schools and school systems 
        afflicted with especially severe drug and violence problems or 
        to support crisis situations and appropriate response efforts;
            ``(7) activities in communities designated as empowerment 
        zones or enterprise communities that will connect schools to 
        community-wide efforts to reduce drug and violence problems;
            ``(8) developing and disseminating drug and violence 
        prevention materials, including video-based projects and model 
        curricula;
            ``(9) developing and implementing a comprehensive violence 
        prevention strategy for schools and communities, that may 
        include conflict resolution, peer mediation, the teaching of 
        law and legal concepts, and other activities designed to stop 
        violence;
            ``(10) the implementation of innovative activities, such as 
        community service and service-learning projects, designed to 
        rebuild safe and healthy neighborhoods and increase students' 
        sense of individual responsibility;
            ``(11) grants to noncommercial telecommunications entities 
        for the production and distribution of national video-based 
        projects that provide young people with models for conflict 
        resolution and responsible decisionmaking;
            ``(12) the development of education and training programs, 
        curricula, instructional materials, and professional training 
        and development for preventing and reducing the incidence of 
        crimes and conflicts motivated by hate in localities most 
        directly affected by hate crimes; and
            ``(13) other activities that meet unmet national needs 
        related to the purposes of this title.
    ``(b) Peer Review.--The Secretary shall use a peer review process 
in reviewing applications for funds under this section.

``SEC. 4122. NATIONAL COORDINATOR PROGRAM.

    ``(a) In General.--From amounts available to carry out this section 
under section 4004(3), the Secretary shall provide for the 
establishment of a National Coordinator Program under which the 
Secretary shall award grants to local education agencies for the hiring 
of drug prevention and school safety program coordinators.
    ``(b) Use of Funds.--Amounts received under a grant under 
subsection (a) shall be used by local education agencies to recruit, 
hire, and train individuals to serve as drug prevention and school 
safety program coordinators in schools with significant drug and school 
safety problems. Such coordinators shall be responsible for developing, 
conducting, and analyzing assessments of drug and crime problems at 
their schools, and administering the safe and drug free grant program 
at such schools.

``SEC. 4123. SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES ADVISORY 
              COMMITTEE.

    ``(a) Establishment.--
            ``(1) In general.--There is hereby established an advisory 
        committee to be known as the `Safe and Drug Free Schools and 
        Communities Advisory Committee' (referred to in this section as 
        the `Advisory Committee') to--
                    ``(A) consult with the Secretary under subsection 
                (b);
                    ``(B) coordinate Federal school- and community-
                based substance abuse and violence prevention programs 
                and reduce duplicative research or services;
                    ``(C) develop core data sets and evaluation 
                protocols for safe and drug free school- and community-
                based programs;
                    ``(D) provide technical assistance and training for 
                safe and drug free school- and community-based 
                programs;
                    ``(E) provide for the diffusion of research-based 
                safe and drug free school- and community-based 
                programs; and
                    ``(F) review other regulations and standards 
                developed under this title.
            ``(2) Composition.--The Advisory Committee shall be 
        composed of representatives from--
                    ``(A) the Department of Education,
                    ``(B) the Centers for Disease Control and 
                Prevention;
                    ``(C) the National Institute on Drug Abuse;
                    ``(D) the National Institute on Alcoholism and 
                Alcohol Abuse;
                    ``(E) the Center for Substance Abuse Prevention;
                    ``(F) the Center for Mental Health Services;
                    ``(G) the Office of Juvenile Justice and 
                Delinquency Prevention;
                    ``(H) the Office of National Drug Control Policy; 
                and
                    ``(I) State and local governments, including 
                education agencies.
            ``(3) Consultation.--In carrying out its duties under this 
        section, the Advisory Committee shall annually consult with 
        interested State and local coordinators of school- and 
        community-based substance abuse and violence prevention 
        programs and other interested groups.
    ``(b) Programs.--
            ``(1) In general.--From amounts made available under 
        section 4004(2) to carry out this part, the Secretary, in 
        consultation with the Advisory Committee, shall carry out 
        research-based programs to strengthen the accountability and 
        effectiveness of the State, Governor's, and national programs 
        under this title.
            ``(2) Grants, contracts or cooperative agreements.--The 
        Secretary shall carry out paragraph (1) directly or through 
        grants, contracts, or cooperative agreements with public and 
        nonprofit private organizations and individuals or through 
        agreements with other Federal agencies.
            ``(3) Coordination.--The Secretary shall coordinate 
        programs under this section with other appropriate Federal 
        activities.
            ``(4) Activities.--Activities that may be carried out under 
        programs funded under this section may include--
                    ``(A) the provision of technical assistance and 
                training, in collaboration with other Federal agencies 
                utilizing their expertise and national and regional 
                training systems, for Governors, State education 
                agencies and local education agencies to support high 
                quality, effective programs that--
                            ``(i) provide a thorough assessment of the 
                        substance abuse and violence problem;
                            ``(ii) utilize objective data and the 
                        knowledge of a wide range of community members;
                            ``(iii) develop measurable goals and 
                        objectives; and
                            ``(iv) implement research-based activities 
                        that have been shown to be effective and that 
                        meet identified needs;
                    ``(B) the provision of technical assistance and 
                training to foster program accountability;
                    ``(C) the diffusion and dissemination of best 
                practices and programs;
                    ``(D) the development of core data sets and 
                evaluation tools;
                    ``(E) program evaluations;
                    ``(F) the provision of information on drug abuse 
                education and prevention to the Secretary of Health and 
                Human Services for dissemination by the Clearinghouse 
                for Alcohol and Drug Abuse Information established 
                under section 501(d)(16) of the Public Health Service 
                Act; and
                    ``(G) other activities that meet unmet needs 
                related to the purposes of this title and that are 
                undertaken in consultation with the Advisory Committee.

``SEC. 4124. HATE CRIME PREVENTION.

    ``(a) Grant Authorization.--From funds made available to carry out 
this part under section 4004(2) the Secretary may make grants to local 
educational agencies and community-based organizations for the purpose 
of providing assistance to localities most directly affected by hate 
crimes.
    ``(b) Use of Funds.--
            ``(1) Program development.--Grants under this section may 
        be used to improve elementary and secondary educational 
        efforts, including--
                    ``(A) development of education and training 
                programs designed to prevent and to reduce the 
                incidence of crimes and conflicts motivated by hate;
                    ``(B) development of curricula for the purpose of 
                improving conflict or dispute resolution skills of 
                students, teachers, and administrators;
                    ``(C) development and acquisition of equipment and 
                instructional materials to meet the needs of, or 
                otherwise be part of, hate crime or conflict programs; 
                and
                    ``(D) professional training and development for 
                teachers and administrators on the causes, effects, and 
                resolutions of hate crimes or hate-based conflicts.
            ``(2) In general.--In order to be eligible to receive a 
        grant under this section for any fiscal year, a local 
        educational agency, or a local educational agency in 
        conjunction with a community-based organization, shall submit 
        an application to the Secretary in such form and containing 
        such information as the office may reasonably require.
            ``(3) Requirements.--Each application under paragraph (2) 
        shall include--
                    ``(A) a request for funds for the purposes 
                described in this section;
                    ``(B) a description of the schools and communities 
                to be served by the grants; and
                    ``(C) assurances that Federal funds received under 
                this section shall be used to supplement, not supplant, 
                non-Federal funds.
            ``(4) Comprehensive plan.--Each application shall include a 
        comprehensive plan that contains--
                    ``(A) a description of the hate crime or conflict 
                problems within the schools or the community targeted 
                for assistance;
                    ``(B) a description of the program to be developed 
                or augmented by such Federal and matching funds;
                    ``(C) assurances that such program or activity 
                shall be administered by or under the supervision of 
                the applicant;
                    ``(D) proper and efficient administration of such 
                program; and
                    ``(E) fiscal control and fund accounting procedures 
                as may be necessary to ensure prudent use, proper 
                disbursement, and accurate accounting of funds received 
                under this section.
    ``(c) Award of Grants.--
            ``(1) Selection of recipients.--The Secretary shall 
        consider the incidence of crimes and conflicts motivated by 
        bias in the targeted schools and communities in awarding grants 
        under this section.
            ``(2) Geographic distribution.--The Secretary shall 
        attempt, to the extent practicable, to achieve an equitable 
        geographic distribution of grant awards.
            ``(3) Dissemination of information.--The Secretary shall 
        attempt, to the extent practicable, to make available 
        information regarding successful hate crime prevention 
        programs, including programs established or expanded with 
        grants under this section.
    ``(d) Reports.--The Secretary shall submit to the Congress a report 
every two years which shall contain a detailed statement regarding 
grants and awards, activities of grant recipients, and an evaluation of 
programs established under this section.

                      ``PART C--GENERAL PROVISIONS

``SEC. 4131. DEFINITIONS.

    ``In this part:
            ``(1) Community-based organization.--The term `community-
        based organization' means a private nonprofit organization 
        which is representative of a community or significant segments 
        of a community and which provides educational or related 
        services to individuals in the community.
            ``(2) Drug and violence prevention.--The term `drug and 
        violence prevention' means--
                    ``(A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, or education 
                related to the illegal use of alcohol and the use of 
                controlled, illegal, addictive, or harmful substances, 
                including inhalants and anabolic steroids;
                    ``(B) prevention, early intervention, smoking 
                cessation activities, or education, related to the use 
                of tobacco by children and youth eligible for services 
                under this title; and
                    ``(C) with respect to violence, the promotion of 
                school safety, such that students and school personnel 
                are free from violent and disruptive acts, including 
                sexual harassment and abuse, and victimization 
                associated with prejudice and intolerance, on school 
                premises, going to and from school, and at school-
                sponsored activities, through the creation and 
                maintenance of a school environment that is free of 
                weapons and fosters individual responsibility and 
respect for the rights of others.
            ``(3) Hate crime.--The term `hate crime' means a crime as 
        described in section 1(b) of the Hate Crime Statistics Act of 
        1990.
            ``(4) Nonprofit.--The term `nonprofit', as applied to a 
        school, agency, organization, or institution means a school, 
        agency, organization, or institution owned and operated by one 
        or more nonprofit corporations or associations, no part of the 
        net earnings of which inures, or may lawfully inure, to the 
        benefit of any private shareholder or individual.
            ``(5) Objectively measurable goals.--The term `objectively 
        measurable goals' means prevention programming goals defined 
        through use of quantitative epidemiological data measuring the 
        prevalence of alcohol, tobacco, and other drug use, violence, 
        and the prevalence of risk and protective factors predictive of 
        these behaviors, collected through a variety of methods and 
        sources known to provide high quality data.
            ``(6) Protective factor, buffer, or asset.--The terms 
        `protective factor', `buffer', and `asset' mean any one of a 
        number of the community, school, family, or peer-individual 
        domains that are known, through prospective, longitudinal 
        research efforts, or which are grounded in a well-established 
        theoretical model of prevention, and have been shown to prevent 
        alcohol, tobacco, or illicit drug use, as well as violent 
        behavior, by youth in the community, and which promote positive 
        youth development.
            ``(7) Risk factor.--The term `risk factor' means any one of 
        a number of characteristics of the community, school, family, 
        or peer-individual domains that are known, through prospective, 
        longitudinal research efforts, to be predictive of alcohol, 
        tobacco, and illicit drug use, as well as violent behavior, by 
        youth in the school and community.
            ``(8) School-aged population.--The term `school-aged 
        population' means the population aged five through 17, as 
        determined by the Secretary on the basis of the most recent 
        satisfactory data available from the Department of Commerce.
            ``(9) School personnel.--The term `school personnel' 
        includes teachers, administrators, counselors, social workers, 
        psychologists, nurses, librarians, and other support staff who 
        are employed by a school or who perform services for the school 
        on a contractual basis.

``SEC. 4132. MATERIALS.

    ``(a) `Illegal and Harmful' Message.--Drug prevention programs 
supported under this part shall convey a clear and consistent message 
that the illegal use of alcohol and other drugs is illegal and harmful.
    ``(b) Curriculum.--The Secretary shall not prescribe the use of 
specific curricula for programs supported under this part, but may 
evaluate the effectiveness of such curricula and other strategies in 
drug and violence prevention.

``SEC. 4133. PROHIBITED USES OF FUNDS.

    ``No funds under this part may be used for--
            ``(1) construction (except for minor remodeling needed to 
        accomplish the purposes of this part); and
            ``(2) medical services, drug treatment or rehabilitation, 
        except for pupil services or referral to treatment for students 
        who are victims of or witnesses to crime or who use alcohol, 
        tobacco, or drugs.

``SEC. 4134. QUALITY RATING.

    ``(a) In General.--The chief executive officer of each State, or in 
the case of a State in which the constitution or law of such State 
designates another individual, entity, or agency in the State to be 
responsible for education activities, such individual, entity, or 
agency, is authorized and encouraged--
            ``(1) to establish a standard of quality for drug, alcohol, 
        and tobacco prevention programs implemented in public 
        elementary schools and secondary schools in the State in 
        accordance with subsection (b); and
            ``(2) to identify and designate, upon application by a 
        public elementary school or secondary school, any such school 
        that achieves such standard as a quality program school.
    ``(b) Criteria.--The standard referred to in subsection (a) shall 
address, at a minimum--
            ``(1) a comparison of the rate of illegal use of drugs, 
        alcohol, and tobacco by students enrolled in the school for a 
        period of time to be determined by the chief executive officer 
        of the State;
            ``(2) the rate of suspensions or expulsions of students 
        enrolled in the school for drug, alcohol, or tobacco-related 
        offenses;
            ``(3) the effectiveness of the drug, alcohol, or tobacco 
        prevention program as proven by research;
            ``(4) the involvement of parents and community members in 
        the design of the drug, alcohol, and tobacco prevention 
        program; and
            ``(5) the extent of review of existing community drug, 
        alcohol, and tobacco prevention programs before implementation 
        of the public school program.
    ``(c) Request for Quality Program School Designation.--A school 
that wishes to receive a quality program school designation shall 
submit a request and documentation of compliance with this section to 
the chief executive officer of the State or the individual, entity, or 
agency described in subsection (a), as the case may be.
    ``(d) Public Notification.--Not less than once a year, the chief 
executive officer of each State or the individual, entity, or agency 
described in subsection (a), as the case may be, shall make available 
to the public a list of the names of each public school in the State 
that has received a quality program school designation in accordance 
with this section.''.
                                 <all>