Page:United States Statutes at Large Volume 103 Part 2.djvu/929

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PUBLIC LAW 101-226—DEC. 12, 1989 103 STAT. 1939 "(b) Each institution of higher education that provides the certifi- f'iblic cation required by subsection (a) shall, upon request, make available ""onnation. 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 re- quired by subsection (a)(2). "(c)(1) The Secretary shall publish regulations to implement and Regulations, enforce the provisions of this section, including regulations that provide for— "(A) the periodic review of a representative sample of pro- grams 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 agree- ment, and the termination of any form of Federal financial assistance. "(2) The sanctions required by subsection (a)(1)(E) may include the completion of an appropriate rehabilitation program. "(d) 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 institu- tion concerned. The decision of the judge with respect to such termination shall be considered to be a final agency action.". (2) EFFECTIVE DATE. —(A) Except as provided in subparagraph (B), the amendment made by paragraph (1) shall take effect on October 1, 1990. (B) The Secretary of Education may allow any institution of higher education until not later than April 1, 1991, to comply with section 1213 of the Higher Education Act of 1965 (as added by paragraph (1)) if such institution demonstrates— (i) that it is in the process of developing and implement- ing its plan under such section; and (ii) it has a legitimate need for more time to develop and implement such plan, (b) AMENDMENTS TO DRUG-FREE SCHOOLS AND COMMUNITIES ACT OF 1986. — (1) IN GENERAL.— Part D of the Drug-Free Schools and Communities Act of 1986 (20 U.S.C. 3171 et seq.) is amended by adding after section 5144 the following new section: "SEC..511.'). CERTIFICATION OF DRUG AND ALCOHOL ABUSE PREVENTION PROGRAMS. "(a) IN GENERAL. —Notwithstanding any other provision of law other than section 432 of the General Education Provisions Act and section 103(b) of the Department of Education Organization Act, no local educational agency shall be eligible to receive funds or any other form of financial assistance under any Federal program unless it certifies to the State educational agency that it has adopted and has implemented a program to prevent the use of illicit drugs and alcohol by students or employees that, at a minimum, includes— 20 USC 1145g note. 20 USC 3224a.