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

Page 211 TITLE 20—EDUCATION § 1011i (B) provides a program for which the insti- tution awards a bachelor’s degree (or pro- vides not less than a 2-year program which is acceptable for full credit toward such a de- gree) or more advanced degrees; and (C) is accredited by a nationally recog- nized accrediting agency or association and to which institution Federal financial assist- ance is extended (directly or indirectly through another entity or person), or which institution receives support from the exten- sion of Federal financial assistance to any of the institution’s subunits; and (5) the term ‘‘restricted or conditional gift or contract’’ means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regard- ing— (A) the employment, assignment, or termi- nation of faculty; (B) the establishment of departments, cen- ters, research or lecture programs, or new faculty positions; (C) the selection or admission of students; or (D) the award of grants, loans, scholar- ships, fellowships, or other forms of finan- cial aid restricted to students of a specified country, religion, sex, ethnic origin, or po- litical opinion. (Pub. L. 89–329, title I, § 117, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1593.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1145d of this title prior to repeal by Pub. L. 105–244. A prior section 1011f, Pub. L. 89–329, title I, § 127, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 464, related to priority grant applications, prior to the general amendment of this subchapter by Pub. L. 105–244. § 1011g. Application of peer review process All applications submitted under the provi- sions of this chapter which require peer review shall be read by a panel of readers composed of individuals selected by the Secretary, which shall include outside readers who are not em- ployees of the Federal Government. The Sec- retary shall ensure that no individual assigned under this section to review any application has any conflict of interest with regard to that ap- plication which might impair the impartiality with which that individual conducts the review under this section. (Pub. L. 89–329, title I, § 118, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1595.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1145d–1 of this title prior to repeal by Pub. L. 105–244. A prior section 1011g, Pub. L. 89–329, title I, § 128, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 464, related to reports and evaluation of pro- grams, prior to the general amendment of this sub- chapter by Pub. L. 105–244. § 1011h. Binge drinking on college campuses (a) Short title This section may be cited as the ‘‘Collegiate Initiative To Reduce Binge Drinking and Illegal Alcohol Consumption’’. (b) Sense of Congress It is the sense of Congress that, in an effort to change the culture of alcohol consumption on college campuses, all institutions of higher edu- cation should carry out the following: (1) The president of the institution should appoint a task force consisting of school ad- ministrators, faculty, students, Greek system representatives, and others to conduct a full examination of student and academic life at the institution. The task force should make recommendations for a broad range of policy and program changes that would serve to re- duce alcohol and other drug-related problems. The institution should provide resources to as- sist the task force in promoting the campus policies and proposed environmental changes that have been identified. (2) The institution should provide maximum opportunities for students to live in an alco- hol-free environment and to engage in stimu- lating, alcohol-free recreational and leisure activities. (3) The institution should enforce a ‘‘zero tolerance’’ policy on the illegal consumption of alcohol by students at the institution. (4) The institution should vigorously enforce the institution’s code of disciplinary sanctions for those who violate campus alcohol policies. Students with alcohol or other drug-related problems should be referred for assistance, in- cluding on-campus counseling programs if ap- propriate. (5) The institution should adopt a policy to discourage alcoholic beverage-related sponsor- ship of on-campus activities. It should adopt policies limiting the advertisement and pro- motion of alcoholic beverages on campus. (6) The institution should work with the local community, including local businesses, in a ‘‘Town/Gown’’ alliance to encourage re- sponsible policies toward alcohol consumption and to address illegal alcohol use by students. (Pub. L. 89–329, title I, § 119, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1596.) Editorial Notes PRIOR PROVISIONS A prior section 1011h, Pub. L. 89–329, title I, § 129, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 465, authorized appropriations to carry out the ar- ticulation agreements grant program, prior to the gen- eral amendment of this subchapter by Pub. L. 105–244. § 1011i. Drug and alcohol abuse prevention (a) Restriction on eligibility Notwithstanding any other provision of law, no institution of higher education shall be eligi- Page 212 TITLE 20—EDUCATION § 1011i ble to receive funds or any other form of finan- cial assistance under any Federal program, in- cluding participation in any federally funded or guaranteed student loan program, unless the in- stitution certifies to the Secretary that the in- stitution 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 pro- hibit, at a minimum, the unlawful posses- sion, use, or distribution of illicit drugs and alcohol by students and employees on the in- stitution’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 associ- ated 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 em- ployees or students; and (E) a clear statement that the institution will impose sanctions on students and em- ployees (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; (B) determine the number of drug and al- cohol-related violations and fatalities that— (i) occur on the institution’s campus (as defined in section 1092(f)(6) of this title), or as part of any of the institution’s activi- ties; and (ii) are reported to campus officials; (C) determine the number and type of sanctions described in paragraph (1)(E) that are imposed by the institution as a result of drug and alcohol-related violations and fa- talities on the institution’s campus or as part of any of the institution’s activities; and (D) ensure that the sanctions required by paragraph (1)(E) are consistently enforced. (b) Information availability Each institution of higher education that pro- vides the certification required by subsection (a) shall, upon request, make available to the Sec- retary and to the public a copy of each item re- quired by subsection (a)(1) as well as the results of the biennial review required by subsection (a)(2). (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); 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 informa- tion and technical assistance, the develop- ment 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) may include the completion of an ap- propriate rehabilitation program. (d) Appeals Upon determination by the Secretary to ter- minate financial assistance to any institution of higher education under this section, the institu- tion may file an appeal with an administrative law judge before the expiration of the 30-day pe- riod 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 termi- nation 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 institu- tions of higher education or consortia of such institutions, and enter into contracts with such institutions, consortia, and other organi- zations, to develop, implement, operate, im- prove, and disseminate programs of preven- tion, and education (including treatment-re- ferral) to reduce and eliminate the illegal use of drugs and alcohol and the violence associ- ated 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, tech- nical assistance, evaluation, dissemination, and associated services and assistance to the higher education community as determined by the Secretary and institutions of higher edu- cation. (2) Awards Grants and contracts shall be awarded under paragraph (1) on a competitive basis. (3) Applications An institution of higher education, a consor- tium of such institutions, or another organiza- tion that desires to receive a grant or contract under paragraph (1) shall submit an applica- tion to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may rea- sonably require by regulation. Page 213 TITLE 20—EDUCATION § 1011j (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 participa- tion of such institutions. (B) Consideration In awarding grants and contracts under this subsection the Secretary shall give ap- propriate consideration to institutions of higher education with limited enrollment. (5) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years. (Pub. L. 89–329, title I, § 120, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1596; amended Pub. L. 110–315, title I, § 107, Aug. 14, 2008, 122 Stat. 3093.) Editorial Notes PRIOR PROVISIONS Provisions similar to subsecs. (a) to (d) of this section were contained in section 1145g of this title prior to re- peal by Pub. L. 105–244. AMENDMENTS 2008—Subsec. (a)(2)(B) to (D). Pub. L. 110–315, § 107(1), added subpars. (B) and (C) and redesignated former sub- par. (B) as (D). Subsec. (e)(5). Pub. L. 110–315, § 107(2), substituted ‘‘such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years’’ for ‘‘$5,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years’’. Subsec. (f). Pub. L. 110–315, § 107(3), struck out subsec. (f) which related to National Recognition Awards for outstanding alcohol and drug abuse prevention pro- grams. § 1011j. Prior rights and obligations (a) Authorization of appropriations (1) Pre-1987 parts C and D of subchapter VII There are authorized to be appropriated such sums as may be necessary for fiscal year 2009 and for each succeeding fiscal year to pay obli- gations incurred prior to 1987 under parts C and D of subchapter VII, as such parts were in effect before the effective date of the Higher Education Amendments of 1992. (2) Post-1992 and pre-1998 part C of subchapter VII There are authorized to be appropriated such sums as may be necessary for fiscal year 2009 and for each succeeding fiscal year to pay obli- gations incurred prior to October 7, 1998, under part C of subchapter VII, as such part was in effect during the period— (A) after the effective date of the Higher Education Amendments of 1992; and (B) prior to October 7, 1998. (b) Legal responsibilities (1) Pre-1987 subchapter VII All entities with continuing obligations in- curred under parts A, B, C, and D of sub- chapter VII, as such parts were in effect before the effective date of the Higher Education Amendments of 1992, shall be subject to the re- quirements of such part as in effect before the effective date of the Higher Education Amend- ments of 1992. (2) Post-1992 and pre-1998 part C of subchapter VII All entities with continuing obligations in- curred under part C of subchapter VII, as such part was in effect during the period— (A) after the effective date of the Higher Education Amendments of 1992; and (B) prior to October 7, 1998, shall be subject to the requirements of such part as such part was in effect during such pe- riod. (Pub. L. 89–329, title I, § 121, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1601; amended Pub. L. 110–315, title I, § 108, Aug. 14, 2008, 122 Stat. 3094.) Editorial Notes REFERENCES IN TEXT Parts A, B, C, and D of subchapter VII, as such parts were in effect before the effective date of the Higher Education Amendments of 1992, referred to in subsecs. (a)(1) and (b)(1), means parts A (§ 1132b et seq.), B (§ 1132c et seq.), C (§ 1132d et seq.), and D (§ 1132e et seq.) of subchapter VII of this chapter, as in effect before the effective date of Pub. L. 102–325. For effective date of Pub. L. 102–325, see section 2 of Pub. L. 102–325, set out as an Effective Date of 1992 Amendment note under sec- tion 1001 of this title. Pub. L. 102–325, title VII, §§ 703–707(a), July 23, 1992, 106 Stat. 738–753, amended subchapter VII of this chapter effective Oct. 1, 1992, by amending parts A to C generally, repealing part D, and redesignating former part E as D. Part C of subchapter VII, as such part was in effect during the period after the effective date of the Higher Education Amendments of 1992 and prior to October 7, 1998, referred to in subsecs. (a)(2) and (b)(2), probably means part C (§ 1132d et seq.) of subchapter VII of this chapter, as in effect during the period after the effec- tive date of Pub. L. 102–325 and before it was amended by Pub. L. 105–244. For effective date of Pub. L. 102–325, see section 2 of Pub. L. 102–325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title. Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1786, amended subchapter VII of this chapter gen- erally, effective Oct. 1, 1998, omitting part C which re- lated to loans for construction, reconstruction, and renovation of academic housing, and other educational facilities and adding a new part C (§ 1139 et seq.) relat- ing to urban community service. PRIOR PROVISIONS Provisions similar to this section were contained in section 1132a–1 of this title prior to the general amend- ment of subchapter VII of this chapter by Pub. L. 105–244. A prior section 121 of Pub. L. 89–329, title I, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1285, related to adult learning research and was classified to section 1016 of this title, prior to the general amend- ment of this subchapter by Pub. L. 102–325. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–315 substituted ‘‘2009 and for each succeeding fiscal year’’ for ‘‘1999 and for