20 U.S.C. § 1011i — Drug and alcohol abuse prevention

(a) Restriction on eligibility. Despite any other law, a college may receive no Federal-program funds or other financial assistance, including participation in a federally funded or guaranteed student-loan program, unless it certifies to the Secretary that it adopted and implemented a program preventing illicit drug use and alcohol abuse by students and employees. At minimum, the program must include the following. (1) Every year, it must give each student and employee (A) conduct standards clearly prohibiting unlawful possession, use, or distribution of illicit drugs and alcohol on the institution’s property or in its activities; (B) the applicable local, State, and Federal legal penalties; (C) health risks of illicit drugs and alcohol abuse; (D) available counseling, treatment, rehabilitation, and re-entry programs; and (E) a clear statement that the institution will impose lawful sanctions, described in the statement, up to expulsion or firing and referral for prosecution, for violating the conduct standards. (2) Every two years, the institution must review its program to (A) measure effectiveness and make needed changes; (B) count drug- and alcohol-related violations and deaths occurring on campus, as “campus” is defined in section 1092(f)(6), or during activities, and reported to campus officials; (C) count the number and types of sanctions imposed for those violations and deaths; and (D) ensure consistent enforcement of required sanctions. (b) Information availability. On request, a certified institution must give the Secretary and public a copy of each item in (a)(1) and the biennial-review results. (c) Regulations. (1) The Secretary must issue regulations implementing and enforcing this section, including periodic review of a representative sample of programs and a range of responses and sanctions for institutions that fail to implement programs or consistently enforce sanctions. Responses may include information and technical help, a compliance agreement, and ending any Federal financial assistance. (2) Required sanctions may include completing an appropriate rehabilitation program. (d) Appeals. After the Secretary decides to end an institution’s financial assistance, the institution may appeal to an administrative law judge before 30 days have passed after notice. The judge must hold a hearing before 45 days after the appeal is filed, but may extend that period on the institution’s motion. The judge’s decision is final agency action. (e) Grants. (1) The Secretary may make grants to colleges or consortia and contracts with them or other organizations to develop, operate, improve, and share prevention and education programs, including treatment referrals, to reduce or eliminate illegal drug and alcohol use and related violence. Grants or contracts may support a higher-education center for prevention that provides training, technical help, evaluation, sharing, and related services as the Secretary and colleges determine. (2) Awards must be competitive. (3) Applicants must provide information required by reasonable regulation. (4) The Secretary must make every effort to ensure fair participation by private and public institutions, including community and junior colleges, and fair geographic participation, and must appropriately consider institutions with limited enrollment. (5) Congress authorizes whatever sums are needed for fiscal year 2009 and the next five fiscal years.