 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
                  Part B--Additional General Provisions
 
Sec. 1011i. Drug and alcohol abuse prevention


(a) Restriction on eligibility

    Notwithstanding any other provision of law, no institution of higher 
education shall be eligible to receive funds or any other form of 
financial assistance under any Federal program, including participation 
in any federally funded or guaranteed student loan program, unless the 
institution certifies to the Secretary that the institution has adopted 
and has implemented a program to prevent the use of illicit drugs and 
the abuse of alcohol by students and employees that, at a minimum, 
includes--
        (1) the annual distribution to each student and employee of--
            (A) standards of conduct that clearly prohibit, at a 
        minimum, the unlawful possession, use, or distribution of 
        illicit drugs and alcohol by students and employees on the 
        institution's property or as part of any of the institution's 
        activities;
            (B) a description of the applicable legal sanctions under 
        local, State, or Federal law for the unlawful possession or 
        distribution of illicit drugs and alcohol;
            (C) a description of the health-risks associated with the 
        use of illicit drugs and the abuse of alcohol;
            (D) a description of any drug or alcohol counseling, 
        treatment, or rehabilitation or re-entry programs that are 
        available to employees or students; and
            (E) a clear statement that the institution will impose 
        sanctions on students and employees (consistent with local, 
        State, and Federal law), and a description of those sanctions, 
        up to and including expulsion or termination of employment and 
        referral for prosecution, for violations of the standards of 
        conduct required by subparagraph (A); and

        (2) a biennial review by the institution of the institution's 
    program to--
            (A) determine the program's effectiveness and implement 
        changes to the program if the changes are needed; and
            (B) ensure that the sanctions required by paragraph (1)(E) 
        are consistently enforced.

(b) Information availability

    Each institution of higher education that provides the certification 
required by subsection (a) of this section shall, upon request, make 
available to the Secretary and to the public a copy of each item 
required by subsection (a)(1) of this section as well as the results of 
the biennial review required by subsection (a)(2) of this section.

(c) Regulations

                           (1) In general

        The Secretary shall publish regulations to implement and enforce 
    the provisions of this section, including regulations that provide 
    for--
            (A) the periodic review of a representative sample of 
        programs required by subsection (a) of this section; and
            (B) a range of responses and sanctions for institutions of 
        higher education that fail to implement their programs or to 
        consistently enforce their sanctions, including information and 
        technical assistance, the development of a compliance agreement, 
        and the termination of any form of Federal financial assistance.

                     (2) Rehabilitation program

        The sanctions required by subsection (a)(1)(E) of this section 
    may include the completion of an appropriate rehabilitation program.

(d) Appeals

    Upon determination by the Secretary to terminate financial 
assistance to any institution of higher education under this section, 
the institution may file an appeal with an administrative law judge 
before the expiration of the 30-day period beginning on the date such 
institution is notified of the decision to terminate financial 
assistance under this section. Such judge shall hold a hearing with 
respect to such termination of assistance before the expiration of the 
45-day period beginning on the date that such appeal is filed. Such 
judge may extend such 45-day period upon a motion by the institution 
concerned. The decision of the judge with respect to such termination 
shall be considered to be a final agency action.

(e) Alcohol and drug abuse prevention grants

                        (1) Program authority

        The Secretary may make grants to institutions of higher 
    education or consortia of such institutions, and enter into 
    contracts with such institutions, consortia, and other 
    organizations, to develop, implement, operate, improve, and 
    disseminate programs of prevention, and education (including 
    treatment-referral) to reduce and eliminate the illegal use of drugs 
    and alcohol and the violence associated with such use. Such grants 
    or contracts may also be used for the support of a higher education 
    center for alcohol and drug abuse prevention that will provide 
    training, technical assistance, evaluation, dissemination, and 
    associated services and assistance to the higher education community 
    as determined by the Secretary and institutions of higher education.

                             (2) Awards

        Grants and contracts shall be awarded under paragraph (1) on a 
    competitive basis.

                          (3) Applications

        An institution of higher education, a consortium of such 
    institutions, or another organization that desires to receive a 
    grant or contract under paragraph (1) shall submit an application to 
    the Secretary at such time, in such manner, and containing or 
    accompanied by such information as the Secretary may reasonably 
    require by regulation.

                     (4) Additional requirements

        (A) Participation

            In awarding grants and contracts under this subsection the 
        Secretary shall make every effort to ensure--
                (i) the equitable participation of private and public 
            institutions of higher education (including community and 
            junior colleges); and
                (ii) the equitable geographic participation of such 
            institutions.

        (B) Consideration

            In awarding grants and contracts under this subsection the 
        Secretary shall give appropriate consideration to institutions 
        of higher education with limited enrollment.

                 (5) Authorization of appropriations

        There are authorized to be appropriated to carry out this 
    subsection $5,000,000 for fiscal year 1999 and such sums as may be 
    necessary for each of the 4 succeeding fiscal years.

(f) National Recognition Awards

                             (1) Purpose

        It is the purpose of this subsection to provide models of 
    innovative and effective alcohol and drug abuse prevention programs 
    in higher education and to focus national attention on exemplary 
    alcohol and drug abuse prevention efforts.

                             (2) Awards

        (A) In general

            The Secretary shall make 5 National Recognition Awards for 
        outstanding alcohol prevention programs and 5 National 
        Recognition Awards for outstanding drug abuse prevention 
        programs, on an annual basis, to institutions of higher 
        education that--
                (i) have developed and implemented innovative and 
            effective alcohol prevention programs or drug abuse 
            prevention programs; and
                (ii) with respect to an application for an alcohol 
            prevention program award, demonstrate in the application 
            submitted under paragraph (3) that the institution has 
            undertaken efforts designed to change the culture of college 
            drinking consistent with the review criteria described in 
            paragraph (3)(C)(iii).

        (B) Ceremony

            The awards shall be made at a ceremony in Washington, D.C.

        (C) Document

            The Secretary shall publish a document describing the 
        alcohol and drug abuse prevention programs of institutions of 
        higher education that receive the awards under this subsection 
        and disseminate the document nationally to all public and 
        private secondary school guidance counselors for use by 
        secondary school juniors and seniors preparing to enter an 
        institution of higher education. The document shall be 
        disseminated not later than January 1 of each academic year.

        (D) Amount and use

            Each institution of higher education selected to receive an 
        award under this subsection shall receive an award in the amount 
        of $50,000. Such award shall be used for the maintenance and 
        improvement of the institution's outstanding prevention program 
        for the academic year following the academic year for which the 
        award is made.

                           (3) Application

        (A) In general

            Each institution of higher education desiring an award under 
        this subsection shall submit an application to the Secretary at 
        such time, in such manner, and accompanied by such information 
        as the Secretary may require. Each such application shall 
        contain--
                (i) a clear description of the goals and objectives of 
            the prevention program of the institution;
                (ii) a description of program activities that focus on 
            alcohol or drug policy issues, policy development, 
            modification, or refinement, policy dissemination and 
            implementation, and policy enforcement;
                (iii) a description of activities that encourage student 
            and employee participation and involvement in activity 
            development and implementation;
                (iv) the objective criteria used to determine the 
            effectiveness of the methods used in such programs and the 
            means used to evaluate and improve the programs' efforts;
                (v) a description of special initiatives used to reduce 
            high-risk behavior or increase low-risk behavior; and
                (vi) a description of coordination and networking 
            efforts that exist in the community in which the institution 
            is located for purposes of such programs.

        (B) Application review

            The Secretary shall appoint a committee to review 
        applications submitted under this paragraph. The committee may 
        include representatives of Federal departments or agencies the 
        programs of which include alcohol abuse prevention and education 
        efforts and drug abuse prevention and education efforts, 
        directors or heads (or their representatives) of professional 
        associations that focus on alcohol and drug abuse prevention 
        efforts, and non-Federal scientists who have backgrounds in 
        social science evaluation and research methodology and in 
        education. Decisions of the committee shall be made directly to 
        the Secretary without review by any other entity in the 
        Department.

        (C) Review criteria

            The committee described in subparagraph (B) shall develop 
        specific review criteria for reviewing and evaluating 
        applications submitted under this paragraph. The review criteria 
        shall include--
                (i) measures of the effectiveness of the program of the 
            institution, that includes changes in the campus alcohol or 
            other drug environment or the climate and changes in alcohol 
            or other drug use before and after the initiation of the 
            program;
                (ii) measures of program institutionalization, 
            including--
                    (I) an assessment of needs of the institution;
                    (II) the institution's alcohol and drug policies, 
                staff and faculty development activities, drug 
                prevention criteria, student, faculty, and campus 
                community involvement; and
                    (III) whether the program will be continued after 
                the cessation of Federal funding; and

                (iii) with respect to an application for an alcohol 
            prevention program award, criteria for determining whether 
            the institution has policies in effect that--
                    (I) prohibit alcoholic beverage sponsorship of 
                athletic events, and prohibit alcoholic beverage 
                advertising inside athletic facilities;
                    (II) prohibit alcoholic beverage marketing on 
                campus, which may include efforts to ban alcohol 
                advertising in institutional publications or efforts to 
                prohibit alcohol-related advertisements at campus 
                events;
                    (III) establish or expand upon alcohol-free living 
                arrangements for all college students;
                    (IV) establish partnerships with community members 
                and organizations to further alcohol prevention efforts 
                on campus and the areas surrounding campus; and
                    (V) establish innovative communications programs 
                involving students and faculty in an effort to educate 
                students about alcohol-related risks.

                           (4) Eligibility

        In order to be eligible to receive a National Recognition Award 
    an institution of higher education shall--
            (A) offer an associate or baccalaureate degree;
            (B) have established an alcohol abuse prevention and 
        education program or a drug abuse prevention and education 
        program;
            (C) nominate itself or be nominated by others, such as 
        professional associations or student organizations, to receive 
        the award; and
            (D) not have received an award under this subsection during 
        the 5 academic years preceding the academic year for which the 
        determination is made.

                 (5) Authorization of appropriations

        (A) In general

            There is authorized to be appropriated to carry out this 
        subsection $750,000 for fiscal year 1999.

        (B) Availability

            Funds appropriated under subparagraph (A) shall remain 
        available until expended.

(Pub. L. 89-329, title I, Sec. 120, as added Pub. L. 105-244, title I, 
Sec. 101(a), Oct. 7, 1998, 112 Stat. 1596.)


                            Prior Provisions

    Provisions similar to subsecs. (a) to (d) of this section were 
contained in section 1145g of this title prior to repeal by Pub. L. 105-
244.

                  Section Referred to in Other Sections

    This section is referred to in section 1092 of this title.
