II 110th CONGRESS 1st Session S. 1470 IN THE SENATE OF THE UNITED STATES May 23, 2007 Mr. Nelson of Florida (for himself and Mr. Durbin) 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.
1.
Short title
This Act may be cited as the Drug Free Varsity Sports Act of 2007.
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 2008. (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.