[Congressional Record (Bound Edition), Volume 145 (1999), Part 7]
[Senate]
[Pages 9826-9834]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

VIOLENT AND REPEAT JUVENILE OFFENDER ACCOUNTABILITY AND REHABILITATION 
                              ACT OF 1999

                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 356

  Mr. WELLSTONE proposed an amendment to the bill (S. 254) to reduce 
violent juvenile crime, promote accountability by rehabilitation of 
juvenile criminals, punish and deter violent gang crime, and for other 
purposes; as follows:

       On page 89, line 18, strike ``or'' at the end.
       On page 89, line 21, add ``or'' at the end.
       On page 89, between lines 21 and 22, insert the following:
       ``(H) to provide services to juveniles with serious mental 
     and emotional disturbances (SED) who are in need of mental 
     health services;
       On page 90, between lines 7 and 8, insert the following:
       ``(4) projects that support State and local programs to 
     prevent juvenile delinquency by providing for--
       ``(A) assessments by qualified mental health professionals 
     of incarcerated juveniles who are suspected of being in need 
     of mental health services;
       ``(B) the development of individualized treatment plans for 
     juveniles determined to be in need of mental health services 
     pursuant to assessments under subparagraph (A);
       ``(C) the inclusion of discharge plans for incarcerated 
     juveniles determined to be in need of mental health services; 
     and
       ``(D) requirements that all juveniles receiving 
     psychotropic medication be under the care of a licensed 
     mental health professional;
       On page 90, line 8, strike ``(4)'' and insert ``(5)''.
       On page 90, line 17, strike ``(5)'' and insert ``(6)''.
       On page 91, line 1, strike ``(6)'' and insert ``(7)''.
       On page 91, line 11, strike ``(7)'' and insert ``(8)''.
       On page 91, line 17, strike ``(8)'' and insert ``(9)''.
       On page 91, line 22, strike ``(9)'' and insert ``(10)''.
       On page 92, line 6, strike ``(10)'' and insert ``(11)''.
       On page 92, line 16, strike ``(11)'' and insert ``(12)''.
       On page 92, line 24, strike ``(12)'' and insert ``(13)''.
       On page 93, line 5, strike ``(13)'' and insert ``(14)''.
       On page 93, line 13, strike ``(14)'' and insert ``(15)''.
       On page 93, line 17, strike ``(15)'' and insert ``(16)''.
       On page 93, line 20, strike ``(16)'' and insert ``(17)''.
                                 ______
                                 

                SESSIONS (AND OTHERS) AMENDMENT NO. 357

  Mr. SESSIONS (for himself, Mr. Inhofe and Mr. Robb) proposed an 
amendment to the bill, S. 254, supra; as follows:

       On page 265, between lines 20 and 21 insert the following:

     SEC. 402. DISCLAIMER ON MATERIALS PRODUCED, PROCURED OR 
                   DISTRIBUTED FROM FUNDING AUTHORIZED BY THIS 
                   ACT.

       (a) All materials produced, procured, or distributed, in 
     whole or in part, as a result of Federal funding authorized 
     under this Act for expenditure by Federal, State or local 
     governmental recipients or other non-governmental entities 
     shall have printed thereon the following language:
       ``This material has been printed, procured or distributed, 
     in whole or in part, at the expense of the Federal 
     Government. Any person who objects to the accuracy of the 
     material, to the completeness of the material, or to the 
     representations made within the material, including 
     objections related to this material's characterization of 
     religious beliefs, are encouraged to direct their comments to 
     the office of the Attorney General of the United States.''
       (b) All materials produced, procured, or distributed using 
     funds authorized under this Act shall have printed thereon, 
     in addition to the language contained in paragraph (a), a 
     complete address for an office designated by the Attorney 
     General to receive comments from members of the public.
       (c) The office designated under paragraph (b) by the 
     Attorney General to receive comments shall, every six months, 
     prepare an accurate summary of all comments received by the 
     office. This summary shall include details about the number 
     of comments received and the specific nature of the concerns 
     raised within the comments, and shall be provided to the 
     Chairmen of the Senate and House Judiciary Committees, the 
     Senate and House Education Committee, the Majority and 
     Minority Leaders of the Senate, and the Speaker and Minority 
     Leader of the House of Representatives. Further, the comments 
     received shall be retained by the office and shall be made 
     available to any member of the general public upon request.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 358

  Mr. WELLSTONE proposed an amendment to the bill, S. 254, supra; as 
follows:

       In title IV, add at the end the following:

                        Subtitle __--Counselors

       Title X of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end 
     the following:

         ``PART L--MENTAL HEALTH AND STUDENT SERVICE PROVIDERS

     ``SEC. 10993. FINDINGS.

       ``Congress finds the following:
       ``(1) Although 7,500,000 children under the age of 18 
     require mental health services, fewer than 1 in 5 of these 
     children receive the services.
       ``(2) Across the United States, counseling professionals 
     are stretched thin, and often students do not get the help 
     the students need. The current national average ratio of 
     students to counselors in elementary and secondary schools is 
     513:1.
       ``(3) United States schools need more mental health 
     professionals, and the flexibility to hire the professionals 
     that will best serve their students.
       ``(4) The maximum recommended ratio of--
       ``(A) students to counselors is 250:1;
       ``(B) students to psychologists is 1,000:1; and
       ``(C) students to social workers is 800:1.

       ``(5) In States like California or Minnesota, 1 counselor 
     typically serves more than 1,000 students. In some schools, 
     no counselor is available to assist students in times of 
     crisis, or at any other time. In Colorado, the average 
     student-to-counselor ratio is 645:1.
       ``(6) The number of students is expected to grow 
     significantly over the next few years. During this time, many 
     school-based mental health professionals who currently serve 
     our Nation's youth will retire. Not counting these 
     retirements, over 100,000 new school counselors will be 
     needed to decrease the student-to-counselor ratio to 250:1 by 
     the year 2005.
       ``(7) The Federal support for reducing the student-to-
     counselor ratio would pay for itself, through reduced 
     incidences of death, violence, and substance abuse, and 
     through improvements in students' academic achievement, 
     graduation rates, college attendance, and employment.

     ``SEC. 10993A. PURPOSE.

       ``The purpose of this part is to help States and local 
     educational agencies recruit, train, and hire 141,000 
     additional school-based mental health personnel, including 
     100,000 additional counselors, 21,000 additional school 
     psychologists, and 20,000 additional school social workers 
     over a 5-year period--
       ``(1) to reduce the student-to-counselor ratios nationally, 
     in elementary and secondary schools, to an average of--
       ``(A) 1 school counselor for every 250 students
       ``(B) 1 school psychologist for every 1,000 students; and
       ``(C) 1 social worker for every 800 students;
     as recommended in a report by the Institute of Medicine of 
     the National Academy of Sciences relating to schools and 
     health, issued in 1997;
       ``(2) to help adequately address the mental, emotional, and 
     developmental needs of elementary and secondary school 
     students;
       ``(3) to remove the emotional, behavioral, and psycho-
     social barriers to learning so as to enhance the classroom 
     preparedness and ability to learn of students; and
       ``(4) to support school staff and teachers in improving 
     classroom management, conducting behavioral interventions to 
     improve school discipline, and developing the awareness and 
     skills to identify early warning signs of violence and the 
     need for mental health services.

     ``SEC. 10993B. DEFINITIONS.

       ``In this part:
       ``(1) Mental health and student service provider.--The term 
     `mental health and student service provider' includes a 
     qualified school counselor, school psychologist, or school 
     social worker.
       ``(2) Mental health and student services.--The term `mental 
     health and student

[[Page 9827]]

     services' includes direct, individual, and group services 
     provided to students, parents, and school personnel by mental 
     health and student service providers, or the coordination of 
     prevention strategies in schools or community-based programs.
       ``(3) Poverty line.--The term ``poverty line'' means the 
     poverty line (as defined by the Office of Management and 
     Budget, and revised annually in accordance with section 
     673(2) of the Community Services Block Grant Act (42 U.S.C. 
     9902(2)) applicable to a family of the size involved.
       ``(4) School counselor.--The term `school counselor' means 
     an individual who has documented competence in counseling 
     children and adolescents in a school setting and who--
       ``(A) possesses State licensure or certification granted by 
     an independent professional regulatory authority;
       ``(B) in the absence of such State licensure or 
     certification, possesses national certification in school 
     counseling or a specialty of counseling granted by an 
     independent professional organization; or
       ``(C) holds a minimum of a master's degree in school 
     counseling from a program accredited by the Council for 
     Accreditation of Counseling and Related Educational Programs 
     or the equivalent.
       ``(5) School psychologist.--The term `school psychologist' 
     means an individual who--
       ``(A) possesses a minimum of 60 graduate semester hours in 
     school psychology from an institution of higher education and 
     has completed 1,200 clock hours in a supervised school 
     psychology internship, of which 600 hours shall be in the 
     school setting;
       ``(B) possesses State licensure or certification in the 
     State in which the individual works; or
       ``(C) in the absence of such State licensure or 
     certification, possesses national certification by the 
     National School Psychology Certification Board.
       ``(6) School social worker.--The term `school social 
     worker' means an individual who holds a master's degree in 
     social work and is licensed or certified by the State in 
     which services are provided or holds a school social work 
     specialist credential.
       ``(7) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, and 
     the Commonwealth of Puerto Rico.

     ``SEC. 10993C. ALLOTMENTS TO STATES.

       ``(a) Allotments.--From the amount appropriated under 
     section 10993H for a fiscal year, the Secretary--
       ``(1) shall make a total of 1 percent available to the 
     Secretary of the Interior (on behalf of the Bureau of Indian 
     Affairs) and the outlying areas for activities that achieve 
     the purposes of this part; and
       ``(2) shall allot to each eligible State the same 
     percentage of the remaining funds as the percentage the State 
     received of funds allocated to States for the previous fiscal 
     year under part A of title I, except that such allotments 
     shall be ratably decreased as necessary.
       ``(b) State-Level Expenses.--Each State may use not more 
     than \1/2\ of 1 percent of the amount the State receives 
     under this part, or $50,000, whichever is greater, for a 
     fiscal year, for the administrative costs of the State 
     educational agency in carrying out this part.

     ``SEC. 10993D. STATE APPLICATIONS.

       ``(a) In General.--To be eligible to receive an allotment 
     under section 10993C, a State shall submit an application to 
     the Secretary at such time, in such manner, and containing 
     such information as the Secretary may require, including an 
     assurance that the State will provide the State share of the 
     cost described in section 10993G.
       ``(b) Approval.--In approving the applications, the 
     Secretary shall, to the extent practicable, approve 
     applications to fund, in the aggregate, 100,000 additional 
     counselors, 21,000 additional school psychologists, and 
     20,000 additional school social workers.

     ``SEC. 10993E. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) Within State Distribution.--
       ``(1) In general.--After using funds in accordance with 
     section 10993C(b), each State that receives an allotment 
     under section 10993C shall allocate to eligible local 
     educational agencies in the State the total of--
       ``(A) the amount of the allotted funds that remain; and
       ``(B) the State share of the cost described in section 
     10993G for the local educational agencies.
       ``(2) Allocation.--From the total described in paragraph 
     (1), the State shall allocate to each local educational 
     agency an amount equal to the sum of--
       ``(A) an amount that bears the same relationship to 80 
     percent of such total as the number of children in poverty 
     who reside in the school district served by the local 
     educational agency bears to the number of such children who 
     reside in all the school districts in the State; and
       ``(B) an amount that bears the same relationship to 20 
     percent of such total as the number of children enrolled in 
     public and private nonprofit elementary schools and secondary 
     schools in the school district served by the local 
     educational agency bears to the number of children enrolled 
     in all such schools in the State.
       ``(3) Data.--For purposes of paragraph (2), the State shall 
     use data from the most recent fiscal year for which 
     satisfactory data are available, except that the State may 
     adjust such data, or use alternative child poverty data, to 
     carry out paragraph (2) if the State demonstrates to the 
     Secretary's satisfaction that such adjusted or alternative 
     data more accurately reflect the relative incidence of 
     children who are living in poverty and who reside in the 
     school districts in the State.
       ``(b) Definitions.--In this section:
       ``(1) Child.--The term `child' means an individual who is 
     not less than 5 and not more than 17.
       ``(2) Child in poverty.--The term `child in poverty' means 
     a child from a family with an income below the poverty line.

     ``SEC. 10993F. LOCAL APPLICATIONS.

       ``To be eligible to receive an allocation under section 
     10993E, a local educational agency shall submit an 
     application to the State at such time, in such manner, and 
     containing such information as the State may require, 
     including an assurance that the agency will provide the local 
     share of the cost described in section 10993G.

     ``SEC. 10993G. USE OF FUNDS.

       ``(a) In General.--A local educational agency that receives 
     an allocation under section 10993E shall use the funds made 
     available through the allocation to pay for the local share 
     of the cost of recruiting, hiring, and training mental health 
     and student service providers to provide mental health and 
     student services, to students in elementary schools and 
     secondary schools, for a 3-year period.
       ``(b) Federal, State, and Local Shares.--
       ``(1) Federal share.--The Federal share of the cost shall 
     be 33\1/3\ percent.
       ``(2) State share.--The State share of the cost shall be 
     33\1/3\ percent.
       ``(3) Local share.--The local share of the cost shall be 
     33\1/3\ percent.
       ``(4) Non-federal share.--The non-Federal share of the cost 
     may be provided in cash or in kind, fairly evaluated, 
     including plant, equipment or services.

     ``SEC. 10993H. AUTHORIZATION OF APPROPRIATIONS.

       ``To carry out this part, there are authorized to be 
     appropriated $1,040,000,000 for each of fiscal years 2000 
     through 2004.''.
                                 ______
                                 

                      WELLSTONE AMENDMENT NO. 359

  Mr. WELLSTONE proposed an amendment to the bill, S. 254, supra; as 
follows:

       At the end, add the following:

                      TITLE __--DOMESTIC VIOLENCE

     SEC. __1. SHORT TITLE.

       This title may be cited as the ``Children Who Witness 
     Domestic Violence Protection Act''.

     SEC. __2. FINDINGS.

       Congress finds the following:
       (1) Witnessing domestic violence has a devastating impact 
     on children, placing the children at high risk for anxiety, 
     depression, and, potentially, suicide. Many children who 
     witness domestic violence exhibit more aggressive, 
     antisocial, fearful, and inhibited behaviors.
       (2) Children exposed to domestic violence have a high risk 
     of experiencing learning difficulties and school failure. 
     Research finds that children residing in domestic violence 
     shelters exhibit significantly lower verbal and quantitative 
     skills when compared to a national sample of children.
       (3) Domestic violence is strongly correlated with child 
     abuse. Studies have found that between 50 and 70 percent of 
     men who abuse their female partners also abuse their 
     children. In homes in which domestic violence occurs, 
     children are physically abused and neglected at a rate 15 
     times higher than the national average.
       (4) Men who witness parental abuse during their childhood 
     have a higher risk of becoming physically aggressive in 
     dating and marital relationships.
       (5) Exposure to domestic violence is a strong predictor of 
     violent delinquent behavior among adolescents. It is 
     estimated that between 20 percent and 40 percent of 
     chronically violent adolescents have witnessed extreme 
     parental conflict.
       (6) Women have an increased risk of experiencing battering 
     after separation from an abusive partner. Children also have 
     an increased risk of suffering harm during separation.
       (7) Child visitation disputes are more frequent when 
     families have histories of domestic violence, and the need 
     for supervised visitation centers far exceeds the number of 
     available programs providing those centers, because courts 
     therefore--
       (A) order unsupervised visitation and endanger parents and 
     children; or
       (B) prohibit visitation altogether.

     SEC. __3. DEFINITIONS.

       In this title:
       (1) Domestic violence.--The term ``domestic violence'' 
     includes an act or threat of violence, not including an act 
     of self defense, committed by a current or former spouse of 
     the victim, by a person with whom the victim shares a child 
     in common, by a person who is cohabiting with or has 
     cohabited with the victim, by a person who is or has been in

[[Page 9828]]

     a social relationship of a romantic or intimate nature with 
     the victim, by a person similarly situated to a spouse of the 
     victim under the domestic or family violence laws of the 
     jurisdiction of the victim, or by any other person against a 
     victim who is protected from that person's act under the 
     domestic or family violence laws of the jurisdiction.
       (2) Indian tribal government.--The term ``Indian tribal 
     government'' has the meaning given the term ``tribal 
     organization'' in section 102 of the Older Americans Act of 
     1965 (42 U.S.C. 3002).
       (3) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, and the Commonwealth of the 
     Northern Mariana Islands.
       (4) Witness domestic violence.--
       (A) In general.--The term ``witness domestic violence'' 
     means to witness--
       (i) an act of domestic violence that constitutes actual or 
     attempted physical assault; or
       (ii) a threat or other action that places the victim in 
     fear of domestic violence.
       (B) Witness.--In subparagraph (A), the term ``witness'' 
     means to--
       (i) directly observe an act, threat, or action described in 
     subparagraph (A), or the aftermath of that act, threat, or 
     action; or
       (ii) be within earshot of an act, threat, or action 
     described in subparagraph (A), or the aftermath of that act, 
     threat, or action.

     SEC. __4. GRANTS TO ADDRESS THE NEEDS OF CHILDREN WHO WITNESS 
                   DOMESTIC VIOLENCE.

       (a) In General.--The Family Violence Prevention and 
     Services Act (42 U.S.C. 10401 et seq.) is amended by adding 
     at the end the following:

     ``SEC. 319. MULTISYSTEM INTERVENTIONS FOR CHILDREN WHO 
                   WITNESS DOMESTIC VIOLENCE.

       ``(a) Grants Authorized.--
       ``(1) Authority.--The Secretary, acting through the 
     Director of Community Services, in the Administration for 
     Children and Families, is authorized to award grants to 
     eligible entities to conduct programs to encourage the use of 
     domestic violence intervention models using multisystem 
     partnerships to address the needs of children who witness 
     domestic violence.
       ``(2) Term and amount.--Each grant awarded under this 
     section shall be awarded for a term of 3 years and in an 
     amount of not more than $500,000 for each such year.
       ``(3) Eligible entities.--To be eligible to receive a grant 
     under this section, an entity shall be a nonprofit 
     organization with a demonstrated history of providing 
     advocacy, health care, mental health, or other crisis-related 
     services to children.
       ``(b) Use of Funds.--An entity that receives a grant under 
     this section shall use amounts provided through the grant to 
     conduct a program to design or replicate, and implement, 
     domestic violence intervention models that use multisystem 
     partners to respond to the needs of children who witness 
     domestic violence in their homes. Such a program shall--
       ``(1) involve collaborative partnerships with partners that 
     are courts, schools, social service providers, health care 
     providers, police, early childhood agencies, entities 
     carrying out Head Start programs under the Head Start Act (42 
     U.S.C. 9831 et seq.), and entities carrying out child 
     protection, welfare, job training, housing, battered women's 
     service, and children's mental health programs, to design and 
     implement protocols and systems to identify, refer, and 
     appropriately respond to the needs of, children who witness 
     domestic violence and who participate in programs 
     administered by the partners;
       ``(2) include guidelines to evaluate the needs of a child 
     and make appropriate intervention recommendations;
       ``(3) include institutionalized procedures to enhance or 
     ensure the safety and security of a battered parent, and as a 
     result, the child of the parent;
       ``(4) provide direct counseling and advocacy for families 
     of children who witness domestic violence;
       ``(5) include the development or replication of a mental 
     health treatment model to meet the needs of children for whom 
     such treatment has been identified as appropriate;
       ``(6) include policies and protocols for maintaining the 
     confidentiality of the battered parent and child;
       ``(7) provide community outreach and training to enhance 
     the capacity of professionals who work with children to 
     appropriately identify and respond to the needs of children 
     who witness domestic violence;
       ``(8) include procedures for documenting interventions used 
     for each child and family; and
       ``(9) include plans to perform a systematic outcome 
     evaluation to evaluate the effectiveness of the 
     interventions.
       ``(c) Application.--To be eligible to receive a grant under 
     this section, an entity shall prepare and submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(d) Technical Assistance.--Not later than 90 days after 
     the date of enactment of this section, the Secretary shall 
     identify successful programs providing multisystem and mental 
     health interventions to address the needs of children who 
     witness domestic violence. Not later than 60 days before the 
     Secretary solicits applications for grants under this 
     section, the Secretary shall enter into an agreement with 1 
     or more entities carrying out the identified programs to 
     provide technical assistance to the applicants and recipients 
     of the grants. The Secretary may use not more than 5 percent 
     of the amount appropriated for a fiscal year under subsection 
     (e) to provide the technical assistance.
       ``(e) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section $5,000,000 for each of fiscal years 
     2000 through 2002.
       ``(2) Availability.--Amounts appropriated under paragraph 
     (1) shall remain available until expended.
       ``(f) Definitions.--In this section, the terms `domestic 
     violence' and `witness domestic violence' have the meanings 
     given the terms in section __3 of the Children Who Witness 
     Domestic Violence Prevention Act.''.
       (b) Administration.--Section 305(a) of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10404(a)) is amended--
       (1) by striking ``an employee'' and inserting ``1 or more 
     employees''; and
       (2) by striking ``The individual'' and inserting ``Each 
     individual''.

     SEC. __5. COMBATTING THE IMPACT OF WITNESSING DOMESTIC 
                   VIOLENCE ON ELEMENTARY AND SECONDARY SCHOOL 
                   CHILDREN.

       (a) Amendment.--Subpart 2 of part A of title IV of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7131 et seq.) is amended by adding at the end the following:

     ``SEC. 4124. GRANTS TO COMBAT THE IMPACT OF WITNESSING 
                   DOMESTIC VIOLENCE ON ELEMENTARY AND SECONDARY 
                   SCHOOL CHILDREN.

       ``(a) Grants Authorized.--
       ``(1) Authority.--The Secretary is authorized to award 
     grants to and enter into contracts with elementary schools 
     and secondary schools that work with experts described in 
     paragraph (2), to enable the schools--
       ``(A) to provide training to school administrators, 
     faculty, and staff, with respect to the issue of witnessing 
     domestic violence and the impact of the violence on children;
       ``(B) to provide educational programing to students 
     regarding domestic violence and the impact of witnessing 
     domestic violence on children; and
       ``(C) to provide support services for students and school 
     personnel for the purpose of developing and strengthening 
     effective prevention and intervention strategies with respect 
     to the issue of witnessing domestic violence and the impact 
     of the violence on children.
       ``(2) Experts.--The experts referred to in paragraph (1) 
     are experts on domestic violence from the educational, legal, 
     youth, mental health, substance abuse, and victim advocacy, 
     fields, such as experts from State and local domestic 
     violence coalitions and community-based youth organizations.
       ``(3) Award basis.--The Secretary shall award grants and 
     contracts under this section on a competitive basis.
       ``(4) Policy dissemination.--The Secretary shall 
     disseminate to elementary schools and secondary schools any 
     Department of Education policy guidance regarding preventing 
     domestic violence and the impact of witnessing domestic 
     violence on children.
       ``(b) Uses of Funds.--Funds provided under this section may 
     be used for the following purposes:
       ``(1) To provide training for school administrators, 
     faculty, and staff that addresses the issue of witnessing 
     domestic violence and the impact of the violence on children.
       ``(2) To provide education programs for students that are 
     developmentally appropriate for the students' grade levels 
     and are designed to meet any unique cultural and language 
     needs of the particular student populations.
       ``(3) To provide the necessary human resources to respond 
     to the needs of students and school personnel when faced with 
     the issue of domestic violence, such as a resource person who 
     is either on-site or on-call, and who is an expert in 
     domestic violence as described in subsection (a)(2).
       ``(4) To provide media center materials and educational 
     materials to schools that address the issue of witnessing 
     domestic violence and the impact of the violence on children.
       ``(5) To conduct evaluations to assess the impact of 
     programs assisted under this section in order to enhance the 
     development of the programs.
       ``(c) Application.--
       ``(1) In general.--To be eligible to be awarded a grant or 
     contract under this section for any fiscal year, an 
     elementary school or secondary school, in consultation with 
     an expert described in subsection (a)(2), shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary shall prescribe.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall--

[[Page 9829]]

       ``(A) describe the need for funds provided under the grant 
     or contract and the plan for implementation of any of the 
     uses described in subsection (b);
       ``(B) describe how the domestic violence experts described 
     in subsection (a)(2) shall work in consultation and 
     collaboration with the elementary school or secondary school; 
     and
       ``(C) provide measurable goals and expected results from 
     the use of the funds provided under the grant or contract.
       ``(d) Definitions.--In this section, the terms `domestic 
     violence' and `witness domestic violence' have the meanings 
     given the terms in section __3 of the Children Who Witness 
     Domestic Violence Protection Act.
       ``(e) Applicability.--The provisions of this part (other 
     than this section) shall not apply to this section.''.
       (b) Authorization of Appropriations.--Section 4004 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7104) is amended--
       (1) in paragraph (1), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (2) by striking the period and inserting 
     ``; and ''; and
       (3) by adding at the end the following:
       ``(3) $5,000,000 for each of the fiscal years 2000 through 
     2004 to carry out section 4124.''.

     SEC. __6. CHILD WELFARE WORKER TRAINING ON DOMESTIC VIOLENCE.

       (a) Definitions.--In this section:
       (1) Grantee.--The term ``grantee'' means a recipient of a 
     grant under this section.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (b) Grants Authorized.--
       (1) Authority.--The Attorney General and the Secretary are 
     authorized to jointly award grants to eligible States, Indian 
     tribal governments, and units of local government, in order 
     to encourage agencies and entities within the jurisdiction of 
     the States, organizations, and units to recognize and treat, 
     as part of their ongoing child welfare responsibilities, 
     domestic violence as a serious problem threatening the safety 
     and well-being of both children and adults.
       (2) Term and amount.--Each grant awarded under this section 
     shall be awarded for a term of 3 years and in an amount of 
     not less than $250,000.
       (c) Use of Funds.--Funds provided under this section may be 
     used to support child welfare service agencies in carrying 
     out, with the assistance of entities carrying out community-
     based domestic violence programs, activities to achieve the 
     following purposes:
       (1) To provide training to the staff of child welfare 
     service agencies with respect to the issue of domestic 
     violence and the impact of the violence on children and their 
     nonabusive parents, which training shall--
       (A) include training for staff, supervisors, and 
     administrators, including staff responsible for screening, 
     intake, assessment, and investigation of reports of child 
     abuse and neglect; and
       (B) be conducted in collaboration with domestic violence 
     experts, entities carrying out community-based domestic 
     violence programs, and relevant law enforcement agencies.
       (2) To provide assistance in the modification of policies, 
     procedures, programs, and practices of child welfare service 
     agencies in order to ensure that the agencies--
       (A) recognize the overlap between child abuse and domestic 
     violence in families, the dangers posed to both child and 
     adult victims of domestic violence, and the physical, 
     emotional, and developmental impact of domestic violence on 
     children;
       (B) develop relevant protocols for screening, intake, 
     assessment, and investigation of and followup to reports of 
     child abuse and neglect, that--
       (i) address the dynamics of domestic violence and the 
     relationship between child abuse and domestic violence; and
       (ii) enable the agencies to assess the danger to child and 
     adult victims of domestic violence;
       (C) identify and assess the presence of domestic violence 
     in child protection cases, in a manner that ensures the 
     safety of all individuals involved and the protection of 
     confidential information;
       (D) increase the safety and well-being of children who 
     witness domestic violence, including increasing the safety of 
     nonabusive parents of the children;
       (E) develop appropriate responses in cases of domestic 
     violence, including safety plans and appropriate services for 
     both the child and adult victims of domestic violence;
       (F) establish and enforce procedures to ensure the 
     confidentiality of information relating to families that is 
     shared between child welfare service agencies and community-
     based domestic violence programs, consistent with law 
     (including regulations) and guidelines; and
       (G) provide appropriate supervision to child welfare 
     service agency staff who work with families in which there 
     has been domestic violence, including supervision concerning 
     issues regarding--
       (i) promoting staff safety; and
       (ii) protecting the confidentiality of child and adult 
     victims of domestic violence.
       (d) Application.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a State, Indian tribal government, or unit of 
     local government shall submit an application to the Attorney 
     General and the Secretary at such time and in such manner as 
     the Attorney General and the Secretary shall prescribe.
       (2) Contents.--Each application submitted under paragraph 
     (1) shall contain information that--
       (A) describes the specific activities that will be 
     undertaken to achieve 1 or more of the purposes described in 
     subsection (c);
       (B) lists the child welfare service agencies in the 
     jurisdiction of the applicant that will be responsible for 
     carrying out the activities; and
       (C) provides documentation from 1 or more community-based 
     domestic violence programs that the entities carrying out 
     such programs--
       (i) have been involved in the development of the 
     application; and
       (ii) will assist in carrying out the specific activities 
     described in subparagraph (A), which may include assisting as 
     subcontractors.
       (e) Priority.--In awarding grants under this section, the 
     Attorney General and the Secretary shall give priority to 
     applicants who demonstrate that entities that carry out 
     domestic violence programs will be substantially involved in 
     carrying out the specific activities described in subsection 
     (d)(2)(A), and to applicants who demonstrate a commitment to 
     educate the staff of child welfare service agencies about--
       (1) the impact of domestic violence on children;
       (2) the special risks of child abuse and neglect; and
       (3) appropriate services and interventions for protecting 
     both the child and adult victims of domestic violence.
       (f) Evaluation, Reporting, and Dissemination.--
       (1) Evaluation and reporting.--Each grantee shall annually 
     submit to the Attorney General and the Secretary a report, 
     which shall include--
       (A) an evaluation of the effectiveness of activities funded 
     with a grant awarded under this section; and
       (B) such additional information as the Attorney General and 
     the Secretary may require.
       (2) Dissemination.--Not later than 6 months after the 
     expiration of the 3-year period beginning on the initial date 
     on which grants are awarded under this section, the Attorney 
     General and the Secretary shall distribute to each State 
     child welfare service agency and each State domestic violence 
     coalition, and to Congress, a summary of information on--
       (A) the activities funded with grants under this section; 
     and
       (B) any related initiatives undertaken by the Attorney 
     General or the Secretary to promote attention by the staff of 
     child welfare service agencies and community-based domestic 
     violence programs to domestic violence and the impact of 
     domestic violence on child and adult victims of domestic 
     violence.
       (g) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $3,000,000 for each of fiscal years 
     2000 through 2004.
       (2) Availability.--Amounts appropriated under paragraph (1) 
     shall remain available until expended.

     SEC. __7. SAFE HAVENS FOR CHILDREN.

       (a) Grants Authorized.--The Attorney General may award 
     grants to States and Indian tribal governments in order to 
     enable them to enter into contracts and cooperative 
     agreements with public or private nonprofit entities to 
     assist those entities in establishing and operating 
     supervised visitation centers for purposes of facilitating 
     supervised visitation and visitation exchange of children by 
     and between parents.
       (b) Considerations.--In awarding grants under subsection 
     (a), the Attorney General shall consider--
       (1) the number of families to be served by the proposed 
     visitation center;
       (2) the extent to which the proposed supervised visitation 
     center will serve underserved populations (as defined in 
     section 2003 of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796gg-2));
       (3) with respect to an applicant for a contract or 
     cooperative agreement, the extent to which the applicant 
     demonstrates cooperation and collaboration with nonprofit, 
     nongovernmental entities in the local community served, 
     including the State domestic violence coalition, State sexual 
     assault coalition, local shelters, and programs for domestic 
     violence and sexual assault victims;
       (4) the extent to which the applicant demonstrates 
     coordination and collaboration with State and local court 
     systems, including mechanisms for communication and referral; 
     and
       (5) the extent to which the applicant demonstrates 
     implementation of domestic violence and sexual assault 
     training for all staff members.
       (c) Use of Funds.--Amounts provided under a grant, 
     contract, or cooperative agreement awarded under this section 
     may be used only to establish and operate supervised 
     visitation centers.

[[Page 9830]]

       (d) Application.--
       (1) In general.--The Attorney General shall award grants 
     for contracts and cooperative agreements under this section 
     in accordance with such regulations as the Attorney General 
     may establish by regulation, which regulations shall 
     establish a multiyear grant process.
       (2) Contents.--Each application submitted under paragraph 
     (1) shall--
       (A) demonstrate recognized expertise in the area of 
     domestic violence and a record of high quality service to 
     victims of domestic violence or sexual assault;
       (B) demonstrate collaboration with and support of the State 
     domestic violence coalition, sexual assault coalition or 
     local domestic violence and sexual assault shelter or program 
     in the locality in which the supervised visitation center 
     will be operated;
       (C) provide supervised visitation and visitation exchange 
     services over the duration of a court order to promote 
     continuity and stability;
       (D) ensure that any fees charged to individuals for use of 
     services are based on an individual's income;
       (E) demonstrate that adequate security measures, including 
     adequate facilities, procedures, and personnel capable of 
     preventing violence, are in place for the operation of 
     supervised visitation; and
       (F) describe standards by which the supervised visitation 
     center will operate.
       (3) Priority.--In awarding grants for contracts and 
     cooperative agreements under this section, the Attorney 
     General shall give priority to States that, in making a 
     custody determination--
       (A) consider domestic violence; and
       (B) require findings on the record.
       (e) Annual Report.--Not later than 120 days after the last 
     day of each fiscal year, the Attorney General shall submit to 
     Congress a report that includes information concerning--
       (1) the total number of individuals served and the total 
     number of individuals turned away from services (categorized 
     by State), the number of individuals from underserved 
     populations served and the number turned away from services, 
     and the factors that necessitate the supervised visitation or 
     visitation exchange, such as domestic violence, child abuse, 
     sexual assault, and emotional or other physical abuse, or any 
     combination of such factors;
       (2) the number of supervised visitations or visitation 
     exchanges ordered during custody determinations under a 
     separation or divorce decree or protection order, through 
     child protection services or other social services agencies, 
     or by any other order of a civil, criminal, juvenile, or 
     family court;
       (3) the process by which children or abused partners are 
     protected during visitations, temporary custody transfers, 
     and other activities for which the supervised visitation 
     centers are established under this section;
       (4) safety and security problems occurring during the 
     reporting period during supervised visitations or at 
     visitation centers including the number of parental abduction 
     cases;
       (5) the number of parental abduction cases in a judicial 
     district using supervised visitation services, both as 
     identified in criminal prosecutions and in custody 
     violations; and
       (6) program standards for operating supervised visitation 
     centers established throughout the United States.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     from the Violent Crime Reduction Trust Fund established under 
     section 310001 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14211) to carry out this 
     section $20,000,000 for each of fiscal years 2000 through 
     2003.
       (2) Availability.--Amounts made available under paragraph 
     (1) shall remain available until expended.
       (3) Distribution.--Not less than 95 percent of the total 
     amount made available to carry out this section for each 
     fiscal year shall be used to award grants, contracts, or 
     cooperative agreements.
       (4) Allotment for indian tribes.--
       (A) In general.--Subject to subparagraph (B), not less than 
     5 percent of the total amount made available to carry out 
     this section for each fiscal year shall be available for 
     grants to Indian tribal governments.
       (B) Reallotment of funds.--If, beginning 9 months after the 
     first day of any fiscal year for which amounts are made 
     available under this paragraph, any amount made available 
     under this paragraph remains unobligated, the unobligated 
     amount may be allocated without regard to subparagraph (A).

     SEC. __8. LAW ENFORCEMENT OFFICER TRAINING.

       (a) Grants Authorized.--The Attorney General shall award 
     grants to domestic violence service agencies in collaboration 
     with local police departments, for purposes of training local 
     police officers regarding appropriate treatment of children 
     who have witnessed domestic violence.
       (b) Use of Funds.--A domestic violence agency working in 
     collaboration with a local police department may use amounts 
     provided under a grant under this section--
       (1) to train police officers in child development and 
     issues related to witnessing domestic violence so they may 
     appropriately--
       (A) apply child development principles to their work in 
     domestic violence cases;
       (B) recognize the needs of children who witness domestic 
     violence;
       (C) meet children's immediate needs at the scene of 
     domestic violence;
       (D) call for immediate therapeutic attention to be provided 
     to the child by an advocate from the collaborating domestic 
     violence service agency; and
       (E) refer children for followup services; and
       (2) to establish a collaborative working relationship 
     between police officers and local domestic violence service 
     agencies.
       (c) Application.--
       (1) In general.--To be eligible to be awarded a grant under 
     this section for any fiscal year, a local domestic violence 
     service agency, in collaboration with a local police 
     department, shall submit an application to the Attorney 
     General at such time and in such manner as the Attorney 
     General shall prescribe.
       (2) Contents.--Each application submitted under paragraph 
     (1) shall--
       (A) describe the need for amounts provided under the grant 
     and the plan for implementation of the uses described in 
     subsection (c);
       (B) describe the manner in which the local domestic 
     violence services agency shall work in collaboration with the 
     local police department; and
       (C) provide measurable goals and expected results from the 
     use of amounts provided under the grant.
       (d) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     from the Violent Crime Reduction Trust Fund established under 
     section 310001 of the Violent Crime Control & Law Enforcement 
     Act of 1994 (42 U.S.C. 14211) to carry out this section 
     $3,000,000 for each of fiscal years 2000 through 2002.
       (2) Availability.--Amounts made available under paragraph 
     (1) shall remain available until expended.

     SEC. __9. REAUTHORIZATION OF CRISIS NURSERIES.

       (a) Authority to Establish Demonstration Grant Programs.--
     The Secretary of Health and Human Services may establish 
     demonstration programs under which grants are awarded to 
     States to assist private and public agencies and 
     organizations in providing crisis nurseries for children who 
     are abused and neglected, are at risk of abuse or neglect, 
     witness domestic violence, or are in families receiving child 
     protective services.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 for 
     each of fiscal years 2000 through 2002.
                                 ______
                                 

                       SANTORUM AMENDMENT NO. 360

  Mr. HATCH (for Mr. Santorum) proposed an amendment to the bill S. 
254, supra; as follows:

       At the appropriate place, insert the following:

     SEC. __. AIMEE'S LAW.

       (a) Short Title.--This section may be cited as ``Aimee's 
     Law''.
       (b) Definitions.--In this section:
       (1) Dangerous sexual offense.--The term ``dangerous sexual 
     offense'' means sexual abuse or sexually explicit conduct 
     committed by an individual who has attained the age of 18 
     years against an individual who has not attained the age of 
     14 years.
       (2) Murder.--The term ``murder'' has the meaning given the 
     term under applicable State law.
       (3) Rape.--The term ``rape'' has the meaning given the term 
     under applicable State law.
       (4) Sexual abuse.--The term ``sexual abuse'' has the 
     meaning given the term under applicable State law.
       (5) Sexually explicit conduct.--The term ``sexually 
     explicit conduct'' has the meaning given the term under 
     applicable State law.
       (c) Reimbursement to States for Crimes Committed By Certain 
     Released Felons.--
       (1) Penalty.--
       (A) Single state.--In any case in which a State convicts an 
     individual of murder, rape, or a dangerous sexual offense, 
     who has a prior conviction for any 1 of those offenses in a 
     State described in subparagraph (C), the Attorney General 
     shall transfer an amount equal to the costs of incarceration, 
     prosecution, and apprehension of that individual, from 
     Federal law enforcement assistance funds that have been 
     allocated to but not distributed to the State that convicted 
     the individual of the prior offense, to the State account 
     that collects Federal law enforcement assistance funds of the 
     State that convicted that individual of the subsequent 
     offense.
       (B) Multiple states.--In any case in which a State convicts 
     an individual of murder, rape, or a dangerous sexual offense, 
     who has a prior conviction for any 1 or more of those 
     offenses in more than 1 other State described in subparagraph 
     (C), the Attorney General shall transfer an amount equal to 
     the costs of incarceration, prosecution, and apprehension of 
     that individual, from Federal law enforcement assistance 
     funds that have been allocated to but not distributed to each 
     State that convicted such individual of the prior offense, to 
     the State account that collects Federal law enforcement 
     assistance

[[Page 9831]]

     funds of the State that convicted that individual of the 
     subsequent offense.
       (C) State described.--A State is described in this 
     subparagraph if--
       (i) the State has not adopted Federal truth-in-sentencing 
     guidelines under section 20104 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13704);
       (ii) the average term of imprisonment imposed by the State 
     on individuals convicted of the offense for which the 
     individual described in subparagraph (A) or (B), as 
     applicable, was convicted by the State is less than 10 
     percent above the average term of imprisonment imposed for 
     that offense in all States; or
       (iii) with respect to the individual described in 
     subparagraph (A) or (B), as applicable, the individual had 
     served less than 85 percent of the term of imprisonment to 
     which that individual was sentenced for the prior offense.
       (2) State applications.--In order to receive an amount 
     transferred under paragraph (1), the chief executive of a 
     State shall submit to the Attorney General an application, in 
     such form and containing such information as the Attorney 
     General may reasonably require, which shall include a 
     certification that the State has convicted an individual of 
     murder, rape, or a dangerous sexual offense, who has a prior 
     conviction for 1 of those offenses in another State.
       (3) Source of funds.--Any amount transferred under 
     paragraph (1) shall be derived by reducing the amount of 
     Federal law enforcement assistance funds received by the 
     State that convicted such individual of the prior offense 
     before the distribution of the funds to the State. The 
     Attorney General, in consultation with the chief executive of 
     the State that convicted such individual of the prior 
     offense, shall establish a payment schedule.
       (4) Construction.--Nothing in this subsection may be 
     construed to diminish or otherwise affect any court ordered 
     restitution.
       (5) Exception.--This subsection does not apply if the 
     individual convicted of murder, rape, or a dangerous sexual 
     offense has been released from prison upon the reversal of a 
     conviction for an offense described in paragraph (1) and 
     subsequently been convicted for an offense described in 
     paragraph (1).
       (d) Collection of Recidivism Data.--
       (1) In general.--Beginning with calendar year 1999, and 
     each calendar year thereafter, the Attorney General shall 
     collect and maintain information relating to, with respect to 
     each State--
       (A) the number of convictions during that calendar year for 
     murder, rape, and any sex offense in the State in which, at 
     the time of the offense, the victim had not attained the age 
     of 14 years and the offender had attained the age of 18 
     years; and
       (B) the number of convictions described in subparagraph (A) 
     that constitute second or subsequent convictions of the 
     defendant of an offense described in that subparagraph.
       (2) Report.--Not later than March 1, 2000, and on March 1 
     of each year thereafter, the Attorney General shall submit to 
     Congress a report, which shall include--
       (A) the information collected under paragraph (1) with 
     respect to each State during the preceding calendar year; and
       (B) the percentage of cases in each State in which an 
     individual convicted of an offense described in paragraph 
     (1)(A) was previously convicted of another such offense in 
     another State during the preceding calendar year.
                                 ______
                                 

                ASHCROFT (AND OTHERS) AMENDMENT NO. 361

  Mr. ASHCROFT (for himself, Mr. DeWine, Mr. Hutchinson, Mr. Gregg, Mr. 
Coverdell, Mr. Helms, Mr. Allard, and Mr. Hatch) proposed an amendment 
to the bill, S. 254, supra; as follows:

       At the end, add the following:

            TITLE __--SCHOOL SAFETY AND VIOLENCE PREVENTION

     SEC. __01. SCHOOL SAFETY AND VIOLENCE PREVENTION.

       Title XIV of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 8801 et seq.) is amended by adding at the end 
     the following:

            ``PART I--SCHOOL SAFETY AND VIOLENCE PREVENTION

     ``SEC. 14851. SCHOOL SAFETY AND VIOLENCE PREVENTION.

       ``Notwithstanding any other provision of titles IV and VI, 
     funds made available under such titles may be used for--
       ``(1) training, including in-service training, for school 
     personnel (including custodians and bus drivers), with 
     respect to--
       ``(A) identification of potential threats, such as illegal 
     weapons and explosive devices;
       ``(B) crisis preparedness and intervention procedures; and
       ``(C) emergency response;
       ``(2) training for parents, teachers, school personnel and 
     other interested members of the community regarding the 
     identification and responses to early warning signs of 
     troubled and violent youth;
       ``(3) innovative research-based delinquency and violence 
     prevention programs, including--
       ``(A) school anti-violence programs; and
       ``(B) mentoring programs;
       ``(4) comprehensive school security assessments;
       ``(5) purchase of school security equipment and 
     technologies, such as--
       ``(A) metal detectors;
       ``(B) electronic locks; and
       ``(C) surveillance cameras;
       ``(6) collaborative efforts with community-based 
     organizations, including faith-based organizations, statewide 
     consortia, and law enforcement agencies, that have 
     demonstrated expertise in providing effective, research-based 
     violence prevention and intervention programs to school aged 
     children;
       ``(7) providing assistance to States, local educational 
     agencies, or schools to establish school uniform policies;
       ``(8) school resource officers, including community 
     policing officers; and
       ``(9) other innovative, local responses that are consistent 
     with reducing incidents of school violence and improving the 
     educational atmosphere of the classroom.''.

     SEC. __02. STUDY.

       (a) Study.--The Comptroller General shall carry out a study 
     regarding school safety issues, including examining--
       (1) incidents of school-based violence in the United 
     States;
       (2) impediments to combating school-based violence, 
     including local, state, and Federal education and law 
     enforcement impediments;
       (3) promising initiatives for addressing school-based 
     violence;
       (4) crisis preparedness of school personnel;
       (5) preparedness of local, State, and Federal law 
     enforcement to address incidents of school-based violence; 
     and
       (6) evaluating current school violence prevention programs.
       (b) Report.--The Comptroller General shall prepare and 
     submit to Congress a report regarding the results of the 
     study conducted under paragraph (1).

     SEC. __03. SCHOOL UNIFORMS.

       Part E of title XIV of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8891 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 14515. SCHOOL UNIFORMS.

       ``(a) Construction.--Nothing in this Act shall be construed 
     to prohibit any State, local educational agency, or school 
     from establishing a school uniform policy.
       ``(b) Funding.--Notwithstanding any other provision of law, 
     funds provided under titles IV and VI may be used for 
     establishing a school uniform policy.''.

     SEC. __04. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

       Part F of title XIV of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8921 et seq.) is amended by 
     adding after section 14603 (20 U.S.C. 8923) the following:

     ``SEC. 14604. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

       ``(a) Nonapplication of Provisions.--The provisions of this 
     section shall not apply to any disciplinary records 
     transferred from a private, parochial, or other nonpublic 
     school, person, institution, or other entity, that provides 
     education below the college level.
       ``(b) Disciplinary Records.--Not later than 2 years after 
     the date of enactment of the Violent and Repeat Juvenile 
     Offender Accountability and Rehabilitation Act of 1999, each 
     State receiving Federal funds under this Act shall provide an 
     assurance to the Secretary that the State has a procedure in 
     place to facilitate the transfer of disciplinary records by 
     local educational agencies to any private or public 
     elementary school or secondary school for any student who is 
     enrolled or seeks, intends, or is instructed to enroll, full-
     time or part-time, in the school.

     SEC. __05. SCHOOL VIOLENCE RESEARCH.

       The Attorney General shall establish at the National Center 
     for Rural Law Enforcement in Little Rock, Arkansas, a 
     research center that shall serve as a resource center or 
     clearinghouse for school violence research. The research 
     center shall conduct, compile, and publish school violence 
     research and otherwise conduct activities related to school 
     violence research, including--
       (1) the collection, categorization, and analysis of data 
     from students, schools, communities, parents, law enforcement 
     agencies, medical providers, and others for use in efforts to 
     improve school security and otherwise prevent school 
     violence;
       (2) the identification and development of strategies to 
     prevent school violence; and
       (3) the development and implementation of curricula 
     designed to assist local educational agencies and law 
     enforcement agencies in the prevention of or response to 
     school violence.

     SEC. __06. NATIONAL CHARACTER ACHIEVEMENT AWARD.

       (a) Presentation Authorized.--The President is authorized 
     to award to individuals under the age of 18, on behalf of the 
     Congress, a National Character Achievement Award, consisting 
     of medal of appropriate design, with ribbons and 
     appurtenances, honoring those individuals for distinguishing 
     themselves as a model of good character.
       (b) Design and Striking.--For the purposes of the award 
     referred to in subsection

[[Page 9832]]

     (a), the Secretary of the Treasury shall design and strike a 
     medal with suitable emblems, devices, and inscriptions, to be 
     determined by the Secretary.
       (c) Eligibility.--
       (1) In general.--The President pro tempore of the Senate 
     and the Speaker of the House of Representatives shall 
     establish procedures for processing recommendations to be 
     forwarded to the President for awarding National Character 
     Achievement Award under subsection (a).
       (2) Recommendations by school principals.--At a minimum, 
     the recommendations referred to in paragraph (1) shall 
     contain the endorsement of the principal (or equivalent 
     official) of the school in which the individual under the age 
     of 18 is enrolled.

     SEC. __07. NATIONAL COMMISSION ON CHARACTER DEVELOPMENT.

       (a) Establishment.--There is established a commission to be 
     known as the National Commission on Character Development 
     (referred to in this section as the ``Commission'').
       (b) Membership.--
       (1) Appointing authority.--The Commission shall consist of 
     36 members, of whom--
       (A) 12 shall be appointed by the President;
       (B) 12 shall be appointed by the Speaker of the House of 
     Representatives; and
       (C) 12 shall be appointed by the President pro tempore of 
     the Senate, on the recommendation of the majority and 
     minority leaders of the Senate.
       (2) Composition.--The President, the Speaker of the House 
     of Representatives, and the President pro tempore of the 
     Senate shall each appoint as members of the Commission--
       (A) 1 parent;
       (B) 1 student;
       (C) 2 representatives of the entertainment industry 
     (including the segments of the industry relating to audio, 
     video, and multimedia entertainment);
       (D) 2 members of the clergy;
       (E) 2 representatives of the information or technology 
     industry;
       (F) 1 local law enforcement official;
       (G) 2 individuals who have engaged in academic research 
     with respect to the impact of cultural influences on child 
     development and juvenile crime; and
       (H) 1 representative of a grassroots organization engaged 
     in community and child intervention programs.
       (3) Period of appointment.--Members shall be appointed for 
     the life of the Commission. Any vacancy in the Commission 
     shall not affect its powers, but shall be filled in the same 
     manner as the original appointment.
       (c) Duties of the Commission.--
       (1) Study.--The Commission shall study and make 
     recommendations with respect to the impact of current 
     cultural influences (as of the date of the study) on the 
     process of developing and instilling the key aspects of 
     character, which include trustworthiness, honesty, integrity, 
     an ability to keep promises, loyalty, respect, 
     responsibility, fairness, a caring nature, and good 
     citizenship.
       (2) Reports.--
       (A) Interim reports.--The Commission shall submit to the 
     President and Congress such interim reports relating to the 
     study as the Commission considers to be appropriate.
       (B) Final report.--Not later than 2 years after the date of 
     the enactment of this Act, the Commission shall submit a 
     final report to the President and Congress that shall contain 
     a detailed statement of the findings and conclusions of the 
     Commission resulting from the study, together with 
     recommendations for such legislation and administrative 
     actions as the Commission considers to be appropriate.
       (d) Chairperson.--The Commission shall select a Chairperson 
     from among the members of the Commission.
       (e) Powers of the Commission.--
       (1) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out the purposes of this Act.
       (2) Information from federal agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the provisions of this Act. Upon request of the Chairman 
     of the Commission, the head of such department or agency 
     shall furnish such information to the Commission.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (4) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (f) Commission Personnel Matters.--
       (1) Travel expenses.--The members of the Commission shall 
     not receive compensation for the performance of services for 
     the Commission, but shall be allowed travel expenses, 
     including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the Commission.
       (2) Detail of government employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and the detail shall be without interruption 
     or loss of civil service status or privilege.
       (g) Permanent Commission.--Section 14 of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for each of fiscal years 2000 and 2001.

     SEC. __08. JUVENILE ACCESS TO TREATMENT.

       (a) Coordinated Juvenile Services Grants.--Title II of the 
     Juvenile Justice and Delinquency Prevention Act of 1974 (42 
     U.S.C. 5611 et seq.) is amended by inserting after section 
     205 the following:

     ``SEC. 205A. COORDINATED JUVENILE SERVICES GRANTS.

       ``(a) In General.--The Attorney General, in consultation 
     with the Secretary of Health and Human Services, working in 
     conjunction with the Center for Substance Abuse of the 
     Substance Abuse and Mental Health Services Administration, 
     may make grants to a consortium within a State of State or 
     local juvenile justice agencies or State or local substance 
     abuse and mental health agencies, and child service agencies 
     to coordinate the delivery of services to children among 
     these agencies. Any public agency may serve as the lead 
     entity for the consortium.
       ``(b) Use of Funds.--A consortium described in subsection 
     (a) that receives a grant under this section shall use the 
     grant for the establishment and implementation of programs 
     that address the service needs of adolescents with substance 
     abuse or mental health treatment problems, including those 
     who come into contact with the justice system by requiring 
     the following:
       ``(1) Collaboration across child serving systems, including 
     juvenile justice agencies, relevant public and private 
     substance abuse and mental health treatment providers, and 
     State or local educational entities and welfare agencies.
       ``(2) Appropriate screening and assessment of juveniles.
       ``(3) Individual treatment plans.
       ``(4) Significant involvement of juvenile judges where 
     appropriate.
       ``(c) Application for Coordinated Juvenile Services 
     Grant.--
       ``(1) In general.--A consortium described in subsection (a) 
     desiring to receive a grant under this section shall submit 
     an application containing such information as the 
     Administrator may prescribe.
       ``(2) Contents.--In addition to guidelines established by 
     the Administrator, each application submitted under paragraph 
     (1) shall provide--
       ``(A) certification that there has been appropriate 
     consultation with all affected agencies and that there will 
     be appropriate coordination with all affected agencies in the 
     implementation of the program;
       ``(B) for the regular evaluation of the program funded by 
     the grant and describe the methodology that will be used in 
     evaluating the program;
       ``(C) assurances that the proposed program or activity will 
     not supplant similar programs and activities currently 
     available in the community; and
       ``(D) specify plans for obtaining necessary support and 
     continuing the proposed program following the conclusion of 
     Federal support.
       ``(3) Federal share.--The Federal share of a grant under 
     this section shall not exceed 75 percent of the cost of the 
     program.
       ``(d) Report.--Each recipient of a grant under this section 
     during a fiscal year shall submit to the Attorney General a 
     report regarding the effectiveness of programs established 
     with the grant on the date specified by the Attorney General.
       ``(e) Funding.--Grants under this section shall be 
     considered an allowable use under section 205(a) and subtitle 
     B.''.

     SEC. __09. BACKGROUND CHECKS.

       Section 5(9) of the National Child Protection Act of 1993 
     (42 U.S.C. 5119c(9)) is amended--
       (1) in subparagraph (A)(i), by inserting ``(including an 
     individual who is employed by a school in any capacity, 
     including as a child care provider, a teacher, or another 
     member of school personnel)'' before the semicolon; and
       (2) in subparagraph (B)(i), by inserting ``(including an 
     individual who seeks to be employed by a school in any 
     capacity, including as a child care provider, a teacher, or 
     another member of school personnel)'' before the semicolon.

     SEC. __10. DRUG TESTS.

       (a) Short Title.--This section may be cited as the ``School 
     Violence Prevention Act''.
       (b) Amendment.--Section 4116(b) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7116(b)) is 
     amended--
       (1) in paragraph (9), by striking ``and'' after the 
     semicolon;
       (2) by redesignating paragraph (10) as paragraph (11); and
       (3) by inserting after paragraph (9) the following:

[[Page 9833]]

       ``(10) consistent with the fourth amendment to the 
     Constitution of the United States, testing a student for 
     illegal drug use, 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; and''.

     SEC. __11. SENSE OF THE SENATE.

       It is the sense of the Senate that States receiving Federal 
     elementary and secondary education funding should require 
     local educational agencies to conduct, for each of their 
     employees (regardless of when hired) and prospective 
     employees, a nationwide background check for the purpose of 
     determining whether the employee has been convicted of a 
     crime that bears upon his fitness to have responsibility for 
     the safety or well-being of children, to serve in the 
     particular capacity in which he is (or is to be) employed, or 
     otherwise to be employed at all thereby.

               TITLE __--TEACHER LIABILITY PROTECTION ACT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Teacher Liability 
     Protection Act of 1999''.

     SEC. __02. FINDINGS AND PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) The ability of teachers, principals and other school 
     professionals to teach, inspire and shape the intellect of 
     our Nation's elementary and secondary school students is 
     deterred and hindered by frivolous lawsuits and litigation.
       (2) Each year more and more teachers, principals and other 
     school professionals face lawsuits for actions undertaken as 
     part of their duties to provide millions of school children 
     quality educational opportunities.
       (3) Too many teachers, principals and other school 
     professionals face increasingly severe and random acts of 
     violence in the classroom and in schools.
       (4) Providing teachers, principals and other school 
     professionals a safe and secure environment is an important 
     part of the effort to improve and expand educational 
     opportunities.
       (5) Clarifying and limiting the liability of teachers, 
     principals and other school professionals who undertake 
     reasonable actions to maintain order, discipline and an 
     appropriate educational environment is an appropriate subject 
     of Federal legislation because--
       (A) the national scope of the problems created by the 
     legitimate fears of teachers, principals and other school 
     professionals about frivolous, arbitrary or capricious 
     lawsuits against teachers; and
       (B) millions of children and their families across the 
     Nation depend on teachers, principals and other school 
     professionals for the intellectual development of the 
     children.
       (b) Purpose.--The purpose of this title is to provide 
     teachers, principals and other school professionals the tools 
     they need to undertake reasonable actions to maintain order, 
     discipline and an appropriate educational environment.

     SEC. __03. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

       (a) Preemption.--This title preempts the laws of any State 
     to the extent that such laws are inconsistent with this 
     title, except that this title shall not preempt any State law 
     that provides additional protection from liability relating 
     to teachers.
       (b) Election of State Regarding Nonapplicability.--This 
     title shall not apply to any civil action in a State court 
     against a teacher in which all parties are citizens of the 
     State if such State enacts a statute in accordance with State 
     requirements for enacting legislation--
       (1) citing the authority of this subsection;
       (2) declaring the election of such State that this title 
     shall not apply, as of a date certain, to such civil action 
     in the State; and
       (3) containing no other provisions.

     SEC. __04. LIMITATION ON LIABILITY FOR TEACHERS.

       (a) Liability Protection for Teachers.--Except as provided 
     in subsections (b) and (d), no teacher in a school shall be 
     liable for harm caused by an act or omission of the teacher 
     on behalf of the school if--
       (1) the teacher was acting within the scope of the 
     teacher's employment or responsibilities related to providing 
     educational services;
       (2) the actions of the teacher were carried out in 
     conformity with local, state, or federal laws, rules or 
     regulations in furtherance of efforts to control, discipline, 
     expel, or suspend a student or maintain order or control in 
     the classroom or school;
       (3) if appropriate or required, the teacher was properly 
     licensed, certified, or authorized by the appropriate 
     authorities for the activities or practice in the State in 
     which the harm occurred, where the activities were or 
     practice was undertaken within the scope of the teacher's 
     responsibilities;
       (4) the harm was not caused by willful or criminal 
     misconduct, gross negligence, reckless misconduct, or a 
     conscious, flagrant indifference to the rights or safety of 
     the individual harmed by the teacher; and
       (5) the harm was not caused by the teacher operating a 
     motor vehicle, vessel, aircraft, or other vehicle for which 
     the State requires the operator or the owner of the vehicle, 
     craft, or vessel to--
       (A) possess an operator's license; or
       (B) maintain insurance.
       (b) Concerning Responsibility of Teachers to Schools and 
     Governmental Entities.--Nothing in this section shall be 
     construed to affect any civil action brought by any school or 
     any governmental entity against any teacher of such school.
       (c) No Effect on Liability of School or Governmental 
     Entity.--Nothing in this section shall be construed to affect 
     the liability of any school or governmental entity with 
     respect to harm caused to any person.
       (d) Exceptions to Teacher Liability Protection.--If the 
     laws of a State limit teacher liability subject to one or 
     more of the following conditions, such conditions shall not 
     be construed as inconsistent with this section:
       (1) A State law that requires a school or governmental 
     entity to adhere to risk management procedures, including 
     mandatory training of teachers.
       (2) A State law that makes the school or governmental 
     entity liable for the acts or omissions of its teachers to 
     the same extent as an employer is liable for the acts or 
     omissions of its employees.
       (3) A State law that makes a limitation of liability 
     inapplicable if the civil action was brought by an officer of 
     a State or local government pursuant to State or local law.
       (e) Limitation on Punitive Damages Based on the Actions of 
     Teachers.--
       (1) General rule.--Punitive damages may not be awarded 
     against a teacher in an action brought for harm based on the 
     action of a teacher acting within the scope of the teacher's 
     responsibilities to a school or governmental entity unless 
     the claimant establishes by clear and convincing evidence 
     that the harm was proximately caused by an action of such 
     teacher which constitutes willful or criminal misconduct, or 
     a conscious, flagrant indifference to the rights or safety of 
     the individual harmed.
       (2) Construction.--Paragraph (1) does not create a cause of 
     action for punitive damages and does not preempt or supersede 
     any Federal or State law to the extent that such law would 
     further limit the award of punitive damages.
       (f) Exceptions to Limitations on Liability.--
       (1) In general.--The limitations on the liability of a 
     teacher under this title shall not apply to any misconduct 
     that--
       (A) constitutes a crime of violence (as that term is 
     defined in section 16 of title 18, United States Code) or act 
     of international terrorism (as that term is defined in 
     section 2331 of title 18, United States Code) for which the 
     defendant has been convicted in any court;
       (B) involves a sexual offense, as defined by applicable 
     State law, for which the defendant has been convicted in any 
     court;
       (C) involves misconduct for which the defendant has been 
     found to have violated a Federal or State civil rights law; 
     or
       (D) where the defendant was under the influence (as 
     determined pursuant to applicable State law) of intoxicating 
     alcohol or any drug at the time of the misconduct.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to effect subsection (a)(3) or (e).

     SEC. __05. LIABILITY FOR NONECONOMIC LOSS.

       (a) General Rule.--In any civil action against a teacher, 
     based on an action of a teacher acting within the scope of 
     the teacher's responsibilities to a school or governmental 
     entity, the liability of the teacher for noneconomic loss 
     shall be determined in accordance with subsection (b).
       (b) Amount of Liability.--
       (1) In general.--Each defendant who is a teacher, shall be 
     liable only for the amount of noneconomic loss allocated to 
     that defendant in direct proportion to the percentage of 
     responsibility of that defendant (determined in accordance 
     with paragraph (2)) for the harm to the claimant with respect 
     to which that defendant is liable. The court shall render a 
     separate judgment against each defendant in an amount 
     determined pursuant to the preceding sentence.
       (2) Percentage of responsibility.--For purposes of 
     determining the amount of noneconomic loss allocated to a 
     defendant who is a teacher under this section, the trier of 
     fact shall determine the percentage of responsibility of that 
     defendant for the claimant's harm.

     SEC. __06. DEFINITIONS.

       For purposes of this title:
       (1) Economic loss.--The term ``economic loss'' means any 
     pecuniary loss resulting from harm (including the loss of 
     earnings or other benefits related to employment, medical 
     expense loss, replacement services loss, loss due to death, 
     burial costs, and loss of business or employment 
     opportunities) to the extent recovery for such loss is 
     allowed under applicable State law.
       (2) Harm.--The term ``harm'' includes physical, 
     nonphysical, economic, and noneconomic losses.
       (3) Noneconomic losses.--The term ``noneconomic losses'' 
     means losses for physical and emotional pain, suffering, 
     inconvenience, physical impairment, mental anguish, 
     disfigurement, loss of enjoyment of life, loss of society and 
     companionship, loss of consortium (other than loss of 
     domestic service),

[[Page 9834]]

     hedonic damages, injury to reputation and all other 
     nonpecuniary losses of any kind or nature.
       (4) School.--The term ``school'' means a public or private 
     kindergarten, a public or private elementary school or 
     secondary school (as defined in section 14101 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801)), or a home school.
       (5) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, any other territory or possession 
     of the United States, or any political subdivision of any 
     such State, territory, or possession.
       (6) Teacher.--The term ``teacher'' means a teacher, 
     instructor, principal, administrator, or other educational 
     professional, that works in a school.

     SEC. __07. EFFECTIVE DATE.

       (a) In General.--This title shall take effect 90 days after 
     the date of enactment of this Act.
       (b) Application.--This title applies to any claim for harm 
     caused by an act or omission of a teacher where that claim is 
     filed on or after the effective date of this Act, without 
     regard to whether the harm that is the subject of the claim 
     or the conduct that caused the harm occurred before such 
     effective date.

                          ____________________