[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1974 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1974

   To provide States with the resources needed to rid our schools of 
                    performance-enhancing drug use.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 2005

  Mr. Nelson of Florida introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
   To provide States with the resources needed to rid our schools of 
                    performance-enhancing drug use.

    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 Varsity Sports Act of 
2005''.

SEC. 2. PILOT DRUG-TESTING PROGRAMS FOR PERFORMANCE-ENHANCING DRUGS.

    (a) Purpose.--The purpose of this section is to supplement the 
other student drug-testing programs assisted by the Office of Safe and 
Drug-Free Schools of the Department of Education by establishing, 
through the Office, a grant program that will allow State educational 
agencies to test secondary school students for performance-enhancing 
drug use.
    (b) Program Authorized.--The Secretary of Education, acting through 
the Assistant Deputy Secretary of the Office of Safe and Drug-Free 
Schools, shall award, on a competitive basis, grants to State 
educational agencies to enable the State educational agencies to 
develop and carry out statewide pilot programs that test secondary 
school students for performance-enhancing drug use.
    (c) Application.--A State educational agency that desires to 
receive a grant under this section shall submit an application to the 
Secretary of Education at such time, in such manner, and containing 
such information as the Secretary may require.
    (d) Priority.--In awarding grants under this section, the Secretary 
of Education shall give priority to State educational agencies that 
incorporate community organizations in carrying out the recovery, 
counseling, and treatment programs described in subsection (e)(1)(B).
    (e) Use of Funds.--
            (1) Drug-testing program for performance-enhancing drugs.--
        A State educational agency that receives a grant under this 
        section shall use not more than 90 percent of the grant funds 
        to carry out the following:
                    (A) Implement a drug-testing program for 
                performance-enhancing drugs that is limited to testing 
                secondary school students who meet 1 or more of the 
                following criteria:
                            (i) The student participates in the 
                        school's athletic program.
                            (ii) The student is engaged in a 
                        competitive, extracurricular, school-sponsored 
                        activity.
                            (iii) The student and the student's parent 
                        or guardian provides written consent for the 
                        student to participate in a voluntary random 
                        drug-testing program for performance-enhancing 
                        drugs.
                    (B) Provide recovery, counseling, and treatment 
                programs for secondary school students tested in the 
                program who test positive for performance-enhancing 
                drugs.
            (2) Prevention.--A State educational agency that receives a 
        grant under this section shall use not less than 10 percent of 
        the grant funds to establish statewide policies that discourage 
        the use of performance-enhancing drugs, through educational or 
        other related means.
    (f) Report.--For each year of the grant period, a State educational 
agency that receives a grant under this section shall prepare and 
submit an annual report to the Assistant Deputy Secretary of the Office 
of Safe and Drug-Free Schools on the impact of the pilot program, which 
report shall include--
            (1) the number and percentage of students who test positive 
        for performance-enhancing drugs;
            (2) the cost of the pilot program; and
            (3) a description of any barriers to the pilot program, as 
        well as aspects of the pilot program that were successful.
    (g) Definitions.--In this section, the terms ``State educational 
agency'' and ``secondary school'' have the meanings given the terms in 
section 9101 of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7801).
    (h) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $20,000,000 for fiscal year 2006.
            (2) Separation of funds.--The Secretary of Education shall 
        keep any funds authorized for this section under paragraph (1) 
        separate from any funds available to the Secretary for other 
        student drug-testing programs.
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