HR 3572 IH
101st CONGRESS
1st Session
 H. R. 3572
To amend the Higher Education Act of 1965 to require each college and
university to adopt and implement a drug-free campus program.
IN THE HOUSE OF REPRESENTATIVES
November 1, 1989
Mr. DOUGLAS (for himself, Mr. HANCOCK, Ms. ROS-LEHTINEN, Mr. BEREUTER,
Mr. KYL, Mr. DONALD E. LUKENS, Mr. FUSTER, Mr. LIPINSKI, Mr. HYDE, Mr. WALKER,
Mr. GINGRICH, Mr. ARMEY, Mr. SMITH of New Hampshire, Mr. HUNTER, Mr. BALLENGER,
Mr. CRAIG, Mr. ROTH, Mr. ROHRABACHER, Mr. IRELAND, Mr. COX, and Mr. DELAY)
introduced the following bill; which was referred to the Committee on
Education and Labor
A BILL
To amend the Higher Education Act of 1965 to require each college and
university to adopt and implement a drug-free campus program.
  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 `Drug-Free College Campus Act'.
SEC. 2. DRUG-FREE COLLEGE CAMPUSES.
  (a) AMENDMENT TO THE HIGHER EDUCATION ACT OF 1965- Title XII of the Higher
  Education Act of 1966 (20 U.S.C. 2001 et seq.) is amended by adding at
  the end thereof a new section 1212 to read as follows:
`DRUG AND ALCOHOL ABUSE PREVENTION
  `SEC. 1212. (a) Notwithstanding any other provisions 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 it
  certifies to the Secretary that it 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 its property or as part of any of its 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 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, which shall include expulsion or
  termination of employment and referral for prosecution, for violations of
  the standards of conduct required by subparagraph (A) of this paragraph; and
  `(2) a biennial review by the institution of its program to--
  `(A) determine its effectiveness and implement changes to the program if
  they are needed; and
  `(B) ensure that the sanctions required by paragraph (1)(E) are consistently
  enforced.
  `(b) 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)(1) 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) sanctions, which shall include the termination of any form of financial
  assistance, for institutions of higher education that fail to implement
  their programs or to consistently enforce their provisions.
  `(2) The sanctions required by subsection (a)(1)(E) may include the
  completion of an appropriate rehabilitation program.'.
  (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect
  on January 1, 1990.