[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3438 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3438

    To amend the Safe and Drug-Free Schools and Communities Act to 
  authorize the use of grant funds for gang prevention, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 2007

  Ms. Linda T. Sanchez of California (for herself, Ms. Bordallo, Mr. 
 Boucher, Mr. Cohen, Mr. Davis of Illinois, Mr. Al Green of Texas, Mr. 
Hare, Mr. Hinojosa, Mr. Holt, Ms. Jackson-Lee of Texas, Mr. Ortiz, Ms. 
   Slaughter, and Mr. Wynn) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
    To amend the Safe and Drug-Free Schools and Communities Act to 
  authorize the use of grant funds for gang prevention, and for other 
                               purposes.

    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 ``Bullying and Gang Reduction for 
Improved Education Act''.

SEC. 2. AMENDMENTS TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT.

    (a) Findings.--The Safe and Drug-Free Communities Act (part A of 
title IV of the Elementary and Secondary Education Act of 1965) is 
amended by inserting after section 4001 (20 U.S.C. 7101) the following:

``SEC. 4001A. FINDINGS.

    ``Congress finds the following:
            ``(1) Bullying among children is aggressive behavior that 
        is intentional, often involves an imbalance of power or 
        strength, and is typically repeated over time.
            ``(2) A child who is being bullied or harassed often has a 
        hard time defending himself or herself.
            ``(3) Bullying can take many forms, including hitting or 
        punching; teasing or name-calling; intimidation through 
        gestures or social exclusion; and sending insulting, 
        threatening, or offensive messages via e-mail, instant 
        messaging, SMS, telephone, or any other electronic messaging 
        system.
            ``(4) There is no single cause of bullying among children; 
        rather, individual, familial, peer, school, and community 
        factors may place a child or youth at risk of bullying his or 
        her peers.
            ``(5) A majority of parents, students, and educators report 
        that bullying and harassment are issues of major concern.
            ``(6) Research indicates that children and youth with 
        disabilities or special needs and children and youth who are 
        lesbian, gay, bisexual, or trans-gender, or who are perceived 
        to be so, face a higher risk of being bullied than other 
        children.
            ``(7) Overweight and obese school-aged children are more 
        likely to be both victims and perpetrators of bullying 
        behaviors than their non-overweight peers.
            ``(8) Weight-based teasing is consistently associated with 
        low body satisfaction, low self-esteem, depressive symptoms, 
        and thinking about or attempting suicide.
            ``(9) Research indicates that adolescents in unsafe 
        neighborhoods engage in less physical activity than their 
        peers; and that intense physical activity programs can not only 
        improve health and reduce obesity, they can also have positive 
        effects on academic achievement.
            ``(10) Children and youth who are bullied are more likely 
        than other children to be depressed, lonely, or anxious; have 
        low self-esteem; be absent from school; suffer colds, coughs, 
        and sore throats; and think about suicide.
            ``(11) Bullying can be a sign of other serious antisocial 
        behavior or violent behavior or both.
            ``(12) Children and youth who frequently bully their peers 
        are more likely than their peers to get into frequent fights, 
        be injured in a fight, vandalize or steal property, drink 
        alcohol, smoke, be truant from school, drop out of school, and 
        carry a weapon.
            ``(13) Harassment and bullying have been linked to 75 
        percent of school shooting incidents, including the fatal 
        shootings at Columbine High School in Colorado, Santana High 
        School in California, and the Virginia Polytechnic Institute 
        and State University (Virginia Tech).
            ``(14) Gang involvement and exposure to peer violence 
        greatly increases a youth's likelihood of engaging in violent 
        behavior.
            ``(15) Youth who have been involved in gang activity and 
        violent behavior have a significantly greater chance of 
        continuing to be involved in criminal behavior as adults.
            ``(16) Ninety-one percent of students who are not involved 
        with gangs report that they expect to complete high school, yet 
        only seventy-five percent of gang-involved youths expect to 
        finish high school.
            ``(17) Children from areas with significant gang influence 
        or activity struggle with strategies to maintain their safety 
        and report weighing the benefits and costs of avoiding gangs or 
        engaging with them.
            ``(18) Repeated exposure to violence is a cause of 
        childhood trauma, depression, anxiety, post-traumatic stress, 
        aggression, violence, and other serious behavioral problems.
            ``(19) Bullying, harassment, and gang-related activity have 
        serious safety consequences for schools and the students who 
        attend them: thirty-nine percent of middle schoolers and 
        thirty-six percent of high schoolers say they don't feel safe 
        at school.
            ``(20) The stresses of being bullied, harassed, or involved 
        with a gang can interfere with a student's engagement in school 
        and can negatively impact student learning.
            ``(21) Research indicates that bullying at school can be 
        significantly reduced through comprehensive, school-wide 
        programs designed to change norms for behavior.
            ``(22) Evaluations of school-based gang prevention and 
        education programs show that they can reduce delinquency and 
        gang activity and increase commitment to peers and law 
        enforcement.''.
    (b) Purpose.--Section 4002 (20 U.S.C. 7102) of that Act is 
amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``violence'' and inserting 
                ``violence, bullying, harassment, and gangs''; and
                    (B) by inserting after ``supports student academic 
                achievement'' the following: ``and facilitates healthy, 
                physically active lifestyles'';
            (2) in paragraph (1) by striking ``drug and violence 
        prevention'' and inserting ``drug, violence, bullying, and gang 
        prevention'';
            (3) in paragraph (2) by striking ``drug and violence 
        prevention'' both places such term appears and inserting 
        ``drug, violence, bullying, and gang prevention''; and
            (4) in paragraph (4)--
                    (A) by striking ``drug and violence prevention'' 
                and inserting ``drug, violence, bullying, and gang 
                prevention''; and
                    (B) by striking ``drug use and violence'' and 
                inserting ``drug use, violence, bullying, and gangs''.
    (c) Reservation of State Funds for Safe and Drug-Free Schools.--
Section 4112 of that Act (20 U.S.C. 7112) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), in the matter preceding 
                subparagraph (A), by striking ``drug use and violence'' 
                and inserting ``drug use, violence, bullying, and 
                gangs'';
                    (B) in paragraph (3) by striking ``drug and 
                violence prevention'' both places such term appears and 
                inserting ``drug, violence, bullying, and gang 
                prevention''; and
                    (C) in paragraph (5)--
                            (i) in the matter preceding subparagraph 
                        (A) by striking ``drug and violence 
                        prevention'' and inserting ``drug, violence, 
                        bullying, and gang prevention'';
                            (ii) in subparagraph (A) by striking 
                        ``violence'' and inserting ``violence, 
                        bullying, and gangs''; and
                            (iii) in each of subparagraphs (B) and (C) 
                        by striking ``drug and violence prevention'' 
                        and inserting ``drug, violence, bullying, and 
                        gang prevention''; and
            (2) in subsection (c)--
                    (A) in paragraph (2)(D)--
                            (i) in each of clauses (i) and (iii) by 
                        striking ``drug and violence prevention'' 
                        inserting ``drug, violence, bullying, and gang 
                        prevention''; and
                            (ii) in clause (ii) by striking ``violence 
                        that is associated'' and inserting ``violence, 
                        bullying, and gangs that are associated''; and
                    (B) in paragraph (3)(B)--
                            (i) in clause (ii) by striking ``violence 
                        and drug-related'' and inserting ``violence, 
                        bullying, gang, and drug-related''; and
                            (ii) in clause (iv) by striking ``drug use 
                        and violence'' and inserting ``drug use, 
                        violence, and gangs''.
    (d) State Application.--Section 4113 of that Act (20 U.S.C. 7113) 
is amended in subsection (a)--
            (1) in each of paragraphs (4) and (5) by striking ``drug 
        and violence prevention'' and inserting ``drug, violence, 
        bullying, and gang prevention'';
            (2) in paragraph (9)--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``drug and violence prevention'' and inserting 
                ``drug, violence, bullying, and gang prevention''; and
                    (B) in subparagraph (A) by striking the term ``drug 
                use and violence'' and inserting ``drug use, violence, 
                and gangs'';
            (3) in paragraph (10) by striking ``drug and violence 
        prevention'' both places such term appears and inserting 
        ``drug, violence, bullying, and gang prevention''; and
            (4) in paragraph (14) by striking ``drug and violence 
        prevention'' and inserting ``drug, violence, bullying, and gang 
        prevention''.
    (e) Local Educational Agency Program.--Section 4114 of that Act (20 
U.S.C. 7114) is amended--
            (1) in subsection (a)(1), in the matter preceding 
        subparagraph (A), by striking ``drug and violence prevention'' 
        and inserting ``drug, violence, bullying, harassment, and gang 
        prevention'';
            (2) in subsection (c)(1)(A) by striking ``drug and violence 
        prevention'' and inserting ``drug, violence, bullying, and gang 
        prevention''; and
            (3) in subsection (d)--
                    (A) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), and in subparagraph (A), by striking 
                        ``drug and violence prevention'' and inserting 
                        ``drug, violence, bullying, and gang 
                        prevention'';
                            (ii) in subparagraph (B), in the matter 
                        preceding clause (i), and in clause (i), by 
                        striking ``drug and violence prevention'' and 
                        inserting ``drug, violence, bullying, and gang 
                        prevention''; and
                            (iii) in subparagraph (D), by striking 
                        ``drug and violence prevention'' and inserting 
                        ``drug, violence, bullying, and gang 
                        prevention''; and
                    (B) in paragraph (6)--
                            (i) by striking ``drug and violence 
                        prevention'' and inserting ``drug, violence, 
                        bullying, and gang prevention''; and
                            (ii) by striking ``acts of violence'' and 
                        inserting ``acts of violence, bullying, and 
                        gangs''.
    (f) Authorized Activities.--Section 4115 of that Act (20 U.S.C. 
7115) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``violence and 
                                illegal drug use'' both places such 
                                term appears and inserting ``violence, 
                                bullying, gangs, and illegal drug 
                                use''; and
                                    (II) by striking ``drug and 
                                violence prevention'' and inserting 
                                ``drug, violence, bullying, and gang 
                                prevention''; and
                            (ii) in subparagraph (C) by striking 
                        ``violence and illegal drug use'' and inserting 
                        ``violence, bullying, gangs, and illegal drug 
                        use''; and
                    (B) in paragraph (2)(A) by striking ``violence and 
                illegal drug use'' and inserting ``violence, bullying, 
                gangs, and illegal drug use'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(C)--
                            (i) in clause (i) by striking ``violence'' 
                        and inserting ``violence, bullying, and 
                        gangs''; and
                            (ii) in clause (ii) by striking ``drug use 
                        and violence'' and inserting ``drug use, 
                        violence, bullying, and gangs''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i) by striking 
                                ``violence'' and inserting ``violence 
                                and gangs'';
                                    (II) in clause (vi) by striking 
                                ``and'' at the end;
                                    (III) in clause (vii) by striking 
                                the period at the end and inserting a 
                                semicolon; and
                                    (IV) by adding at the end the 
                                following:
                            ``(viii) teach students the appropriate 
                        steps to take to address bullying when it 
                        happens to themselves or others; and
                            ``(ix) promote safe passage to and from 
                        schools on foot and by bicycle.'';
                            (ii) in subparagraph (B)--
                                    (I) by striking ``drug and violence 
                                prevention'' and inserting ``drug, 
                                violence, bullying, and gang 
                                prevention''; and
                                    (II) by striking ``violence and 
                                illegal use of drugs'' both places such 
                                term appears and inserting ``violence, 
                                bullying, gangs, and illegal use of 
                                drugs'';
                            (iii) in each of subparagraphs (C) and (D) 
                        by striking ``drug and violence prevention'' 
                        and inserting ``drug, violence, bullying, and 
                        gang prevention''; and
                            (iv) in subparagraph (E)--
                                    (I) in the matter preceding clause 
                                (i) by striking ``Drug and violence 
                                prevention'' and inserting ``Drug, 
                                violence, bullying, and gang 
                                prevention'';
                                    (II) in clause (i) by striking 
                                ``violence and illegal drug use'' and 
                                inserting ``violence, bullying, gangs, 
                                and illegal drug use'';
                                    (III) in clause (v) by inserting 
                                ``and programs embodied by the safe 
                                routes to school program under section 
                                1404 of the Safe, Accountable, 
                                Flexible, Efficient Transportation 
                                Equity Act: A Legacy for Users (23 
                                U.S.C. 402 note; 119 Stat. 1228)'' 
                                before the period at the end;
                                    (IV) in clause (vi) by striking 
                                ``drug and violence prevention'' each 
                                place such term appears and inserting 
                                ``drug, violence, bullying, and gang 
                                prevention'';
                                    (V) in clause (vii)--
                                            (aa) by striking ``illegal 
                                        drug use and violence'' and 
                                        inserting ``violence, gangs, 
                                        and illegal drug use''; and
                                            (bb) by striking ``violence 
                                        and illegal drug use'' and 
                                        inserting ``violence, gangs, 
                                        and illegal drug use'';
                                    (VI) in clause (ix) by striking 
                                ``violent or drug abusing students'' 
                                and inserting ``violent, bullying, 
                                gang-affiliated, or drug abusing 
                                students'';
                                    (VII) in clause (x) by striking 
                                ``violent behavior and illegal use of 
                                drugs'' and inserting ``violent 
                                behavior, bullying, gang affiliation, 
                                and illegal use of drugs'';
                                    (VIII) in clause (xi) by striking 
                                ``violence and illegal drug use'' and 
                                inserting ``violence, gangs, and 
                                illegal drug use'';
                                    (IX) in clause (xii) by striking 
                                ``Drug and violence prevention'' and 
                                inserting ``Drug, violence, bullying, 
                                and gang prevention'';
                                    (X) in clause (xiii)--
                                            (aa) by striking ``violence 
                                        prevention and education 
                                        programs'' and inserting 
                                        ``violence, bullying, and gang 
                                        prevention and education 
                                        programs''; and
                                            (bb) by striking ``resolve 
                                        conflicts without violence'' 
                                        and inserting ``resolve 
                                        conflicts without violence, 
                                        bullying, or gangs'';
                                    (XI) in clause (xv) by striking 
                                ``major accident, or a drug-related 
                                incident'' and inserting ``major 
                                accident, bullying incident, gang-
                                related incident, or drug-related 
                                incident'';
                                    (XII) in clause (xvii) by striking 
                                ``drug and violence prevention'' and 
                                inserting ``drug, violence, bullying, 
                                and gang prevention'';
                                    (XIII) in clause (xviii) by 
                                striking ``safety hotline'' and 
                                inserting ``safety, bullying 
                                prevention, and gang prevention 
                                hotline''; and
                                    (XIV) by adding at the end the 
                                following:
                            ``(xxiii) Programs that address the causes 
                        and consequences of bullying and harassment and 
                        that train teachers, administrators, 
                        counselors, school psychologists, school social 
                        workers, para-professionals, and other school 
                        employees including bus drivers regarding 
                        strategies to prevent bullying and harassment 
                        and to effectively intervene when such 
                        incidents occur.''; and
                    (C) by adding at the end the following:
            ``(3) Encouragement of certain programs.--The Secretary 
        shall strive to ensure that all applicants and recipients of 
        funds under this part are made aware of and understand how to 
        access programs that are rated as `effective', `exemplary', or 
        `promising' by the Office of Juvenile Justice and Delinquency 
        Prevention of the Department of Justice.''; and
            (3) in subsection (d) by striking ``drug and violence 
        prevention'' and inserting ``drug, violence, bullying, and gang 
        prevention''.
    (g) Reporting.--Section 4116 of that Act (20 U.S.C. 7116) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B) by striking ``drug 
                        and violence prevention'' and inserting ``drug, 
                        violence, bullying, and gang prevention''; and
                            (ii) in subparagraph (C) by striking 
                        ``violence and drug prevention'' and inserting 
                        ``drug, violence, bullying, and gang 
                        prevention''; and
                    (B) in paragraph (2)(B) by striking ``drug use and 
                violence'' and inserting ``drug use, violence, and 
                gangs''; and
            (2) in subsection (b)(1) by striking ``violence and drug 
        prevention'' and inserting ``drug, violence, bullying, and gang 
        prevention''.
    (h) Federal Activities.--Section 4121 of that Act (20 U.S.C. 7131) 
is amended in subsection (a)--
            (1) in the matter preceding paragraph (1) by striking 
        ``illegal use of drugs and violence'' and inserting ``violence, 
        bullying, gang activity, and illegal drug use'';
            (2) in paragraph (1) by striking ``drug and violence 
        prevention'' and inserting ``drug, violence, bullying, and gang 
        prevention'';
            (3) in paragraph (2), in the matter preceding subparagraph 
        (A) and in subparagraph (A), by striking ``drug and violence 
        prevention'' and inserting ``drug, violence, bullying, and gang 
        prevention'';
            (4) in paragraph (4) by striking ``violence prevention and 
        education'' and inserting ``violence, bullying, and gang 
        prevention and education'';
            (5) in paragraph (5) by striking ``drug and violence 
        prevention'' and inserting ``drug, violence, bullying, and gang 
        prevention''; and
            (6) in each of paragraphs (6) and (8) by striking ``drug 
        and violence problems'' and inserting ``drug, violence, 
        bullying, and gang problems''.
    (i) Impact Evaluation.--Section 4122 of that Act (20 U.S.C. 7132) 
is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1) by 
                striking ``violence and illegal drug use'' and 
                inserting ``violence, bullying, gangs, and illegal drug 
                use''; and
                    (B) in paragraph (2) by striking ``and school 
                violence'' and inserting ``school violence, gang 
                activity,'';
            (2) in subsection (b) by striking ``illegal drug use and 
        violence'' and inserting ``violence, gangs, and illegal drug 
        use''; and
            (3) in subsection (c) by striking ``drug use and violence'' 
        and inserting ``drug use, violence, bullying, and gangs''.
    (j) Safe and Drug-Free Schools and Communities Advisory 
Committee.--Section 4124 of that Act (20 U.S.C. 7134) is amended--
            (1) in subsection (a), in each of paragraphs (1)(B) and 
        (3), by striking ``substance abuse and violence prevention'' 
        and inserting ``violence, bullying, gang, and substance abuse 
        prevention''; and
            (2) in subsection (b)(4)(A)(i) by striking ``substance 
        abuse and violence problem'' and inserting ``violence, 
        bullying, gang, and substance abuse problem''.
    (k) School Security Technology and Resource Center.--Section 4127 
of that Act (20 U.S.C. 7137) is amended in subsection (c) by striking 
``school violence research'' and inserting ``school violence, bullying, 
harassment, and gang research''.
    (l) National Center for School and Youth Safety.--Section 4128 of 
that Act (20 U.S.C. 7138) is amended in subsection (b)--
            (1) in paragraph (2) by striking ``such as substance 
        abuse'' and inserting ``such as bullying, substance abuse''; 
        and
            (2) in paragraph (4) by striking ``school violence 
        prevention'' and inserting ``school violence, bullying, 
        harassment, and gang prevention''.
    (m) Mentoring Programs.--Section 4130 of that Act (20 U.S.C. 7140) 
is amended--
            (1) in subsection (a)(2)(B)--
                    (A) by redesignating clauses (ii) and (iii) as 
                (iii) and (iv), respectively; and
                    (B) by inserting after clause (i) the following:
                            ``(ii) a park and recreation agency of a 
                        unit of local government;''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)(B)--
                            (i) in clause (iv) by striking ``violence, 
                        use of dangerous weapons'' and inserting 
                        ``violence, bullying, harassment, gangs, use of 
                        dangerous weapons''; and
                            (ii) by inserting after clause (vi) the 
                        following:
                            ``(vii) Encourage participation in regular 
                        physical activity and developments of habits 
                        that promote life-long physical fitness.''.
                    (B) in paragraph (5)(B)(i) by striking ``schools 
                with violence problems'' and inserting ``schools with 
                violence, bullying, or gang problems''.
    (n) Definitions.--Section 4151 of that Act (20 U.S.C. 7161) is 
amended--
            (1) in paragraph (3)--
                    (A) in the heading by striking ``Drug and violence 
                prevention'' and inserting ``Drug, violence, bullying, 
                and gang prevention'';
                    (B) in the matter preceding subparagraph (A) by 
                striking ``drug and violence prevention'' and inserting 
                ``drug, violence, bullying, and gang prevention''; and
                    (C) in subparagraph (B) by striking ``with respect 
                to violence'' and inserting ``with respect to violence, 
                bullying, and gangs''; and
            (2) in each of paragraphs (6) and (7) by striking ``violent 
        behavior'' and inserting ``violent or gang behavior''.
    (o) Message and Materials.--Section 4152 of that Act (20 U.S.C. 
7162) is amended in subsection (a)--
            (1) by striking ``Drug and violence prevention'' and 
        inserting ``Drug, violence, bullying, harassment, and gang 
        prevention''; and
            (2) by striking ``acts of violence'' and inserting ``acts 
        of violence, bullying, harassment, and gangs''.
                                 <all>