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108th CONGRESS
2d Session
H. R. 4313
To direct the Secretary of Education to provide grants to States to
establish and carry out or continue to carry out antiharassment
programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 6, 2004
Mr. Nadler (for himself, Ms. Linda T. Sanchez of California, Mr. Frank
of Massachusetts, Mr. Frost, Ms. Kaptur, Mr. McGovern, Ms. DeLauro, Mr.
Grijalva, Mr. Rush, and Ms. Baldwin) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To direct the Secretary of Education to provide grants to States to
establish and carry out or continue to carry out antiharassment
programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antibullying Campaign Act of 2004''.
SEC. 2. GRANTS FOR ANTIHARASSMENT PROGRAMS.
(a) Grants.--The Secretary of Education shall provide a grant to
each State that submits an application in accordance with subsection
(c) to enable the State to establish and carry out or continue to carry
out an antiharassment program as described in subsection (b).
(b) Program Described.--An antiharassment program referred to in
subsection (a) is a program that prohibits harassment in public schools
and on public school grounds for any reason, including reasons based on
an individual's actual or perceived race, color, national origin,
ethnicity, religion, disability, sexual orientation, gender, gender
identity or expression, family composition or circumstance, or economic
circumstance.
(c) Application.--
(1) In general.--The Secretary may not make a grant to a
State under this section unless the State submits to the
Secretary an application that contains detailed information
about the State's existing or proposed antiharassment program.
Such information shall include--
(A) the State's existing or proposed prohibition on
harassment;
(B) the State's existing or proposed definition of
harassment and any other relevant terms; and
(C) a budget for the antiharassment program,
including a detailed description of how amounts
received under the grant will be spent.
(2) Application review and approval.--
(A) In general.--Not later than 30 days after the
date of submission of the State's application, the
Secretary shall review and approve or disapprove the
application.
(B) Approval.--Not later than 30 days after the
date on which the Secretary approves the State's
application, the Secretary shall provide a grant to the
State.
(C) Disapproval.--Not later than 30 days after the
date on which the Secretary disapproves the State's
application, the Secretary shall inform the State in
writing as to the reasons why the application was
disapproved and what the State may do to correct the
application and receive the Secretary's approval.
(d) Matching Funds.--The Secretary may not make a grant to a State
under this section unless the State agrees that it will contribute from
non-Federal sources an amount equal to not less than 50 percent of the
amount received under the grant to carry out the antiharassment program
described in subsection (b).
SEC. 3. STUDY AND REPORT.
(a) Study.--The Secretary of Education shall conduct a study
concerning harassment in public schools in the United States. The
findings of the study shall include--
(1) the number of students who are harassed;
(2) the demographics of those students who are harassed,
including--
(A) the number of students who are harassed by
gender; and
(B) the number of students who harass others by
gender;
(3) the type of harassment to which students are subjected;
(4) the number of States that have comprehensive campaigns
to combat harassment; and
(5) the amount of funds each State expends on
antiharassment programs each year.
(b) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Secretary shall submit to Congress a report that contains the findings
and an analysis of the study.
SEC. 4. DEFINITIONS.
In this Act:
(1) Harassment.--The term ``harassment'' means the creation
of a hostile environment by conduct or by verbal threats,
taunting, intimidation or physical or emotional abuse.
(2) School.--The term ``school'' means an elementary school
or secondary school as those terms are defined in section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) State.--The term ``State'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa,
Guam, the Virgin Islands, and any other territory or possession
of the United States.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $75,000,000 for each of fiscal years 2005 through 2008.
(b) Availability.--Amounts authorized to be appropriated by
subsection (a) are authorized to remain available until September 30,
2008.
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