cies, organizations representing limited English proficient individuals, and organizations representing teachers and other personnel involved in the education of limited English proficient children.

TITLE IV-21ST CENTURY SCHOOLS

PART A-SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

SEC. 4001. [20 U.S.C. 7101] SHORT TITLE.

This part may be cited as the "Safe and Drug-Free Schools and Communities Act".

SEC. 4002. [20 U.S.C. 7102] PURPOSE.

The purpose of this part is to support programs that prevent violence in and around schools; that prevent the illegal use of alcohol, tobacco, and drugs; that involve parents and communities; and that are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug-free learning environment that supports student academic achievement, through the provision of Federal assistance to

(1) States for grants to local educational agencies and consortia of such agencies to establish, operate, and improve local programs of school drug and violence prevention and early intervention;

(2) States for grants to, and contracts with, communitybased organizations and public and private entities for programs of drug and violence prevention and early intervention, including community-wide drug and violence prevention planning and organizing activities;

(3) States for development, training, technical assistance, and coordination activities; and

(4) public and private entities to provide technical assistance; conduct training, demonstrations, and evaluation; and to provide supplementary services and community-wide drug and violence prevention planning and organizing activities for the prevention of drug use and violence among students and youth. SEC. 4003. [20 U.S.C. 7103] AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated

(1) $650,000,000 for fiscal year 2002, and such sums as may be necessary for each of the 5 succeeding fiscal years, for State grants under subpart 1; and

(2) such sums for fiscal year 2002, and for each of the 5 succeeding fiscal years, for national programs under subpart 2.

Subpart 1-State Grants

SEC. 4111. [20 U.S.C. 7111] RESERVATIONS AND ALLOTMENTS. (a) RESERVATIONS.—

(1) IN GENERAL.-From the amount made available under section 4003(1) to carry out this subpart for each fiscal year, the Secretary

(A) shall reserve 1 percent or $4,750,000 (whichever is greater) of such amount for grants to Guam, American

Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with the Secretary's determination of their respective needs and to carry out programs described in this subpart;

(B) shall reserve 1 percent or $4,750,000 (whichever is greater) of such amount for the Secretary of the Interior to carry out programs described in this subpart for Indian youth; and

(C) shall reserve 0.2 percent of such amount for Native Hawaiians to be used under section 4117 to carry out programs described in this subpart.

(2) OTHER RESERVATIONS. From the amount made available under section 4003(2) to carry out subpart 2 for each fiscal year, the Secretary

(A) may reserve not more than $2,000,000 for the national impact evaluation required by section 4122(a);

(B) notwithstanding section 3 of the No Child Left Behind Act of 2001, shall reserve an amount necessary to make continuation grants to grantees under the Safe Schools/Healthy Students initiative (under the same terms and conditions as provided for in the grants involved). (b) STATE ALLOTMENTS.

(1) IN GENERAL.-Except as provided in paragraph (2), the Secretary shall, for each fiscal year, allot among the States

(A) one-half of the remainder not reserved under subsection (a) according to the ratio between the school-aged population of each State and the school-aged population of all the States; and

(B) one-half of such remainder according to the ratio between the amount each State received under section 1124A for the preceding year and the sum of such amounts received by all the States.

(2) MINIMUM.-For any fiscal year, no State shall be allotted under this subsection an amount that is less than the greater of

(A) one-half of 1 percent of the total amount allotted to all the States under this subsection; or

(B) the amount such State received for fiscal year 2001 under section 4111 as such section was in effect the day preceding the date of enactment of the No Child Left Behind Act of 2001.

(3) REALLOTMENT.—

(A) REALLOTMENT FOR FAILURE TO APPLY.-If any State does not apply for an allotment under this subpart for a fiscal year, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this section.

(B) REALLOTMENT OF UNUSED FUNDS.-The Secretary may reallot any amount of any allotment to a State if the Secretary determines that the State will be unable to use such amount within 2 years of such allotment. Such reallotments shall be made on the same basis as allotments are made under paragraph (1).

(4) DEFINITION.-In this section the term "State" means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

(c) LIMITATION.-Amounts appropriated under section 4003(2) for a fiscal year may not be increased above the amounts appropriated under such section for the previous fiscal year unless the amounts appropriated under section 4003(1) for the fiscal year involved are at least 10 percent greater that the amounts appropriated under such section 4003(1) for the previous fiscal year. SEC. 4112. [20 U.S.C. 7112] RESERVATION OF STATE FUNDS FOR SAFE AND DRUG-FREE SCHOOLS.

(a) STATE RESERVATION FOR THE CHIEF EXECUTIVE OFFICER OF A STATE.

(1) IN GENERAL.-The chief executive officer of a State may reserve not more than 20 percent of the total amount allocated to a State under section 4111(b) for each fiscal year to award competitive grants and contracts to local educational agencies, community-based organizations (including community antidrug coalitions) other public entities and private organizations, and consortia thereof. Such grants and contracts shall be used to carry out the comprehensive State plan described in section 4113(a) through programs or activities that complement and support activities of local educational agencies described in section 4115(b). Such officer shall award grants based on

and

(A) the quality of the program or activity proposed;

(B) how the program or activity meets the principles of effectiveness described in section 4115(a).

(2) PRIORITY.-In making such grants and contracts under this section, a chief executive officer shall give priority to programs and activities that prevent illegal drug use and violence for

(A) children and youth who are not normally served by State educational agencies or local educational agencies; or (B) populations that need special services or additional resources (such as youth in juvenile detention facilities, runaway or homeless children and youth, pregnant and parenting teenagers, and school dropouts).

(3) SPECIAL CONSIDERATION.-In awarding funds under paragraph (1), a chief executive officer shall give special consideration to grantees that pursue a comprehensive approach to drug and violence prevention that includes providing and incorporating mental health services related to drug and violence prevention in their program.

(4) PEER REVIEW.-Grants or contracts awarded under this section shall be subject to a peer review process.

(5) USE OF FUNDS.-Grants and contracts under this section shall be used to implement drug and violence prevention activities, including

(A) activities that complement and support local educational agency activities under section 4115, including developing and implementing activities to prevent and reduce violence associated with prejudice and intolerance;

(B) dissemination of information about drug and violence prevention; and

(C) development and implementation of communitywide drug and violence prevention planning and organizing.

(6) ADMINISTRATIVE COSTS.-The chief executive officer of a State may use not more than 3 percent of the amount described in paragraph (1) for the administrative costs incurred in carrying out the duties of such officer under this section. (b) IN STATE DISTRIBUTION.

(1) IN GENERAL.-A State educational agency shall distribute not less than 93 percent of the amount made available to the State under section 4111(b), less the amount reserved under subsection (a) of this section, to its local educational agencies.

(2) STATE ADMINISTRATION COSTS.

(A) IN GENERAL.-A State educational agency may use not more than 3 percent of the amount made available to the State under section 4111(b) for each fiscal year less the amount reserved under subsection (a) of this section, for State educational agency administrative costs, including the implementation of the uniform management information and reporting system as provided for under subsection (c)(3).

(B) ADDITIONAL AMOUNTS FOR THE UNIFORM MANAGEMENT INFORMATION SYSTEM.-In the case of fiscal year 2002, a State educational agency may, in addition to amounts provided for in subparagraph (A), use 1 percent of the amount made available to the State educational agency under section 4111(b) for each fiscal year less the amount reserved under subsection (a) of this section, for implementation of the uniform management information and reporting system as provided for under subsection (c)(3).

(c) STATE ACTIVITIES.—

(1) IN GENERAL.-A State educational agency may use not more than 5 percent of the amount made available to the State under section 4111(b) for each fiscal year less the amount reserved under subsection (a) of this section, for activities described in this subsection.

(2) ACTIVITIES.-A State educational agency shall use the amounts described in paragraph (1), either directly, or through grants and contracts, to plan, develop, and implement capacity building, technical assistance and training, evaluation, program improvement services, and coordination activities for local educational agencies, community-based organizations, and other public and private entities. Such uses

(A) shall meet the principles of effectiveness described in section 4115(a);

(B) shall complement and support local uses of funds under section 4115(b);

(C) shall be in accordance with the purposes of this part; and

(D) may include, among others activities

(i) identification, development, evaluation, and dissemination of drug and violence prevention strategies, programs, activities, and other information;

(ii) training, technical assistance, and demonstration projects to address violence that is associated with prejudice and intolerance; and

(iii) financial assistance to enhance drug and violence prevention resources available in areas that serve large numbers of low-income children, are sparsely populated, or have other special needs. (3) UNIFORM MANAGEMENT INFORMATION AND REPORTING

(A) INFORMATION AND STATISTICS.—A State shall establish a uniform management information and reporting system.

(B) USES OF FUNDS.-A State may use funds described in subparagraphs (A) and (B) of subsection (b)(2), either directly or through grants and contracts, to implement the uniform management information and reporting system described in subparagraph (A), for the collection of information on

(i) truancy rates;

(ii) the frequency, seriousness, and incidence of violence and drug-related offenses resulting in suspensions and expulsions in elementary schools and secondary schools in the State;

(iii) the types of curricula, programs, and services provided by the chief executive officer, the State educational agency, local educational agencies, and other recipients of funds under this subpart; and

(iv) the incidence and prevalence, age of onset, perception of health risk, and perception of social disapproval of drug use and violence by youth in schools and communities.

(C) COMPILATION OF STATISTICS.-In compiling the statistics required for the uniform management information and reporting system, the offenses described in subparagraph (B)(ii) shall be defined pursuant to the State's criminal code, but shall not identify victims of crimes or persons accused of crimes. The collected data shall include incident reports by school officials, anonymous student surveys, and anonymous teacher surveys.

(D) REPORTING.-The information described under subparagraph (B) shall be reported to the public and the data referenced in clauses (i) and (ii) of such subparagraph shall be reported to the State on a school-by-school basis.

(E) LIMITATION.-Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices with respect to crimes committed on school property or school security.

SEC. 4113. [20 U.S.C. 7113] STATE APPLICATION.

(a) IN GENERAL.-In order to receive an allotment under section 4111(b) for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that

(1) contains a comprehensive plan for the use of funds by the State educational agency and the chief executive officer of