I
104TH CONGRESS
2D SESSION
H. R. 4016
To amend the Elementary and Secondary Education Act of 1965 to provide
funds to States to carry out drug and violence prevention programs.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 1996
Mr. ZELIFF introduced the following bill; which was referred to the Committee
on Economic and Educational Opportunities
A BILL
To amend the Elementary and Secondary Education Act
of 1965 to provide funds to States to carry out drug
and violence prevention programs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Drug-Free Schools Re-
form Act of 1996’’.
SEC. 2. DRUG AND VIOLENCE PREVENTION PROGRAMS.
Subpart 1 of part A of title IV of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7111
et seq.) is amended to read as follows:
‘‘Subpart 1—State Grants for Drug and Violence
Prevention Programs
‘‘SEC. 4111. RESERVATIONS AND ALLOTMENTS.
‘‘(a) RESERVATIONS.—From the amount made avail-
able under section 4004(a) to carry out this subpart for
each fiscal year, the Secretary—
‘‘(1) shall reserve 1 percent of such amount for
grants under this subpart to Guam, American
Samoa, the Virgin Islands, and the Commonwealth
of the Northern Mariana Islands, to be allotted in
accordance with the Secretary’s determination of
their respective needs;
‘‘(2) shall reserve 1 percent of such amount for
the Secretary of the Interior to carry out programs
under this part for Indian youth;
‘‘(3) may reserve not more than $1,000,000 for
the national impact evaluation required by section
4114(a); and
‘‘(4) shall reserve 0.2 percent of such amount
for programs for Native Hawaiians under section
4115.
‘‘(b) STATE ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall, for each fiscal year,
allocate among the States—
‘‘(A) one-half of the remainder not re-
served 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 re-
ceived under part A of title I for the preceding
year and the sum of such amounts received by
all the States.
‘‘(2) MINIMUM.—For any fiscal year, no State
shall be allotted under this subsection an amount
that is less than one-half of 1 percent of the total
amount allotted to all the States under this sub-
section.
‘‘(3) 
REALLOTMENT.—The 
Secretary 
may
reallot any amount of any allotment to a State if the
Secretary determines that the State will be unable to
use such amount within two years of such allotment.
Such reallotments shall be made on the same basis
as allotments are made under paragraph (1).
‘‘(4) DEFINITIONS.—For the purpose of this
subsection—
‘‘(A) the term ‘State’ means each of the 50
States, the District of Columbia, and the Com-
monwealth of Puerto Rico; and
‘‘(B) the term ‘local educational agency’
includes educational service agencies and con-
sortia of such agencies.
‘‘SEC. 4112. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—In order to receive an allotment
under section 4111 for any fiscal year, the chief executive
officer of the State shall submit to the Secretary, at such
time as the Secretary may require, an application that—
‘‘(1) describes how funds under this subpart
will be coordinated with programs under this Act,
the Goals 2000: Educate America Act, and other
Acts, as appropriate, in accordance with the provi-
sions of section 14306;
‘‘(2) contains the results of the State’s needs
assessment for drug and violence prevention pro-
grams, which shall be based on the results of on-
going State evaluation activities, including data on
the prevalence of drug use and violence by youth in
schools and communities;
‘‘(3) contains an assurance that the State will
cooperate with, and assist, the Secretary in conduct-
ing a national impact evaluation of programs re-
quired by section 4114(a); and
‘‘(4) includes any other information the Sec-
retary may require.
‘‘(b) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing State applications under this
section.
‘‘SEC. 4113. STATE PROGRAMS.
‘‘(a) USE OF FUNDS.—
‘‘(1) IN GENERAL.—The chief executive officer
of a State shall use funds allocated pursuant to sec-
tion 4111(a)(1) for drug and violence prevention
programs and activities in accordance with this sec-
tion.
‘‘(2) ADMINISTRATIVE COSTS.—A chief execu-
tive officer may use not more than 5 percent of the
total amount received under this part for the admin-
istrative costs incurred in carrying out the duties of
such officer under this section.
‘‘(b) PROGRAMS AUTHORIZED.—
‘‘(1) IN GENERAL.—The exclusive and immu-
table purpose of these grants to or contracts with
the foregoing is to finance or sponsor prevention or
education programs dedicated to teaching directly
the dangers, risks, health costs, legal penalties,
short- and long-term negative personal impacts of il-
legal drug use and underage drinking with funds ex-
pended for no other purpose than a ‘no use,’ ‘right-
wrong’ antidrug message. If any amount or percent-
age of these funds is spent for purposes other than
a strict no-drug-use curriculum, such as general
health or hygiene education, social events, annual
sports budgets, or any other non-anti-drug program,
such expenditures shall be considered a violation.
‘‘(2) PENALTIES.—Complete forfeiture, reim-
bursement, and each applicable Federal penalty pro-
vision shall apply to each person responsible for any
such misapplication or misspending of the funds.
‘‘(3) PEER
REVIEW.—Grants or contracts
awarded under this subsection shall be subject to a
peer review process.
‘‘(4) SPECIAL RULE.—The chief executive offi-
cer of a State may carry out activities under this
subsection directly, or through grants or contracts.
‘‘(c) LAW ENFORCEMENT EDUCATION PARTNER-
SHIPS.—A chief executive officer shall use funds under
subsection (a)(1) to award grants to State, county or local
law enforcement agencies (including district attorneys) in
consortium with local educational agencies or community-
based agencies for the purposes of carrying out drug abuse
and violence prevention activities, such as—
‘‘(1) Project Drug Abuse Resistance Education
and other programs which provide classroom instruc-
tion by uniformed law enforcement officials that is
designed to teach students to recognize and resist
pressures to experiment that influence such children
to use controlled substances or alcohol;
‘‘(2) Project Legal Lives and other programs in
which district attorneys provide classroom instruc-
tion in the law and legal system which emphasizes
interactive learning techniques, such as mock trial
competitions;
‘‘(3) partnerships between law enforcement and
child guidance professionals; and
‘‘(4) before- and after-school activities.
‘‘SEC. 4114. EVALUATION AND REPORTING.
‘‘(a) NATIONAL IMPACT EVALUATION.—
‘‘(1) BIENNIAL
EVALUATION.—The Secretary,
in consultation with the Secretary of Health and
Human Services, the Director of the Office of Na-
tional Drug Control Policy, and the Attorney Gen-
eral, shall conduct an independent biennial evalua-
tion of the national impact of programs assisted
under this subpart and of other recent and new ini-
tiatives to combat violence in schools and submit a
report of the findings of such evaluation to the
President and the Congress.
‘‘(2) DATA
COLLECTION.—(A) The National
Center for Education Statistics shall collect data to
determine the frequency, seriousness, and incidence
of violence in elementary and secondary schools in
the States. The Secretary shall collect the data
using, wherever appropriate, data submitted by the
States pursuant to subsection (b)(2)(B).
‘‘(B) Not later than January 1, 2000, the Sec-
retary shall submit to Congress a report on the data
collected under this subsection, together with such
recommendations as the Secretary determines appro-
priate, including estimated costs for implementing
any recommendation.
‘‘(b) STATE REPORT.—
‘‘(1) IN GENERAL.—By October 1, 1999, and
every third year thereafter, the chief executive offi-
cer of the State shall submit to the Secretary a re-
port on the implementation and outcomes of State
programs under section 4113, as well as an assess-
ment of their effectiveness.
‘‘(2) SPECIAL RULE.—The report required by
this subsection shall be—
‘‘(A) in the form specified by the Sec-
retary;
‘‘(B) based on the State’s ongoing evalua-
tion activities, and shall include data on the
prevalence of drug use and violence by youth in
schools and communities; and
‘‘(C) made readily available to the public.
‘‘SEC. 4114. PROGRAMS FOR NATIVE HAWAIIANS.
‘‘(a) GENERAL AUTHORITY.—From the funds made
available pursuant to section 4111(a)(4) to carry out this
section, the Secretary shall make grants to or enter into
cooperative agreements or contracts with organizations
primarily serving and representing Native Hawaiians
which are recognized by the Governor of the State of Ha-
waii to plan, conduct, and administer programs, or por-
tions thereof, which are authorized by and consistent with
the provisions of this title for the benefit of Native Hawai-
ians.
‘‘(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.’’.
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