Page:United States Statutes at Large Volume 112 Part 2.djvu/713

 PUBLIC LAW 105-244—OCT. 7, 1998 112 STAT. 1597 "(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 efl'ectiveness 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) shall, upon request, make available to the Secretary and to the public a copy of each item required 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 I'epresentative 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 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) 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

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