[Congressional Record Volume 151, Number 147 (Tuesday, November 8, 2005)]
[Senate]
[Pages S12530-S12531]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida:
  S. 1974. A bill to provide States with the resources needed to rid 
our schools of performance-enhancing drug use; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. NELSON of Florida. Mr. President, I rise to introduce the Drug 
Free Varsity Sports Act of 2005. This bill would provide States with 
the resources they need to rid our schools of steroids and other 
performance-enhancing drugs.
  I believe steroid use doesn't begin at the professional level. I am 
very concerned about performance-enhancing drug use among young 
athletes--specifically, high school athletes. Steroid use among high 
school students is on the rise. It more than doubled among high school 
students from 1991 to 2003, according to the Centers for Disease 
Control and Prevention. Furthermore, a study by the University of 
Michigan shows that the percentage of 12th graders who said they had 
used steroids some time in their lives rose from 1.9 percent in 1996 to 
3.4 percent in 2004. This is unacceptable and a health risk to our 
children.
  Last year, the Polk County School District became the first in 
Florida to establish random testing for high school athletes, and the 
Florida House passed a bill that would have made Florida the first 
State to require steroid testing for high school athletes. That bill 
stalled in the Senate, but now Florida and other States are considering 
a similar law. Currently, less than 4 percent of U.S. high schools test 
athletes for steroids, and no state requires high schools to test 
athletes. Schools and States say that cost is usually the reason they 
don't test.
  In response, I am introducing this legislation to help States with 
the resources they need to curb the use of steroids and other 
performance-enhancing drugs. My legislation would provide Federal 
grants directly to States so that they can develop and implement 
performance-enhancing drug testing programs.
  The Drug Free Varsity Sports Act of 2005 would authorize $20 million 
in grants to States to create statewide pilot drug testing programs for 
performance-enhancing drugs. States that receive the grants would be 
required to incorporate recovery, counseling, and treatment programs 
for those students who test positive for performance-enhancing drugs.
  Stopping the use of performance-enhancing drugs goes beyond testing. 
That is why my legislation also would require States that receive 
grants to allocate no less than 10 percent of the funding to establish 
statewide policies to discourage steroid use, through educational or 
other related means.
  In addition, at a recent Senate Commerce Committee hearing on this 
issue, I called on all of the heads of the major professional sports 
leagues and their unions to begin a major, multi-sport, national 
advertising campaign. This campaign should be paid for by the leagues 
and their players, and directed at young people. It should focus on 
discouraging the use of performance-enhancing drugs. We must get the 
message out about the dangers of these drugs, and who better to send 
that message to young people than the leagues they watch and the 
players they idolize?
  There is no simple solution to the issue of steroids in sports. 
Congress can do its part by enacting the Drug Free Varsity Sports Act 
of 2005. But the sports leagues, their players, coaches, and parents 
all must play an active role.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1974

       Be it enacted by the Senate and House of Representative 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--

[[Page S12531]]

       (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.
                                 ______