There is no companion bill in the Senate. Congress approved the measure denying financial aid to drug offenders in 1998 as part of a massive reauthorization of higher education programs. Rep. Mark Souder, R-Ind., authored the amendment. Under the law, a student convicted of drug possession is ineligible for aid for one year after a first conviction, two years after a second conviction and indefinitely following a third offense. Those convicted of selling drugs are ineligible for two years after a first conviction and indefinitely after a second offense.
Offenders can have their eligibility restored sooner if they complete drug rehabilitation.
After the 1998 law passed, the government's Free Application for Federal Student Aid added a question asking students about convictions for drug offenses. But when large numbers didn't respond, the Education Department blamed confusing wording on its forms and opted not to enforce the law. Education Secretary Rod Paige decided to enforce the law after questions arose within the department about how to handle applications that skip the drug question, Kozberg said. The wording on application forms and instruction sheets has also been clarified, Kozberg said. The percentage of applicants who skip the drug question has plunged.