[Congressional Record Volume 147, Number 26 (Thursday, March 1, 2001)]
[Senate]
[Pages S1772-S1778]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself, Mr. Dodd, Mrs. Murray, and Mr. 
        Grassley):
  S. 437. A bill to revise and extend the Safe and Drug-Free Schools 
and Communities Act of 1994; to the Committee on Health, Education, 
Labor, and Pensions.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 437

       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;

[[Page S1773]]

       ``(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;

[[Page S1774]]

       ``(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

[[Page S1775]]

     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;

[[Page S1776]]

       ``(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;

[[Page S1777]]

       ``(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

[[Page S1778]]

     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.''.
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