II 

109TH CONGRESS 

1ST SESSION S. 1974 

To provide States with the resources needed to rid our schools of performanceenhancing 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drug Free Varsity 

5 Sports Act of 2005’’. 

6 SEC. 2. PILOT DRUG-TESTING PROGRAMS FOR PERFORM7 ANCE-ENHANCING DRUGS. 

8 (a) PURPOSE.—The purpose of this section is to sup9 plement the other student drug-testing programs assisted 

10 by the Office of Safe and Drug-Free Schools of the De-
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1 partment of Education by establishing, through the Office, 

2 a grant program that will allow State educational agencies 

3 to test secondary school students for performance-enhanc4 ing drug use. 

5 (b) PROGRAM AUTHORIZED.—The Secretary of Edu6 cation, acting through the Assistant Deputy Secretary of 

7 the Office of Safe and Drug-Free Schools, shall award, 

8 on a competitive basis, grants to State educational agen9 cies to enable the State educational agencies to develop 

10 and carry out statewide pilot programs that test secondary 

11 school students for performance-enhancing drug use. 

12 (c) APPLICATION.—A State educational agency that 

13 desires to receive a grant under this section shall submit 

14 an application to the Secretary of Education at such time, 

15 in such manner, and containing such information as the 

16 Secretary may require. 

17 (d) PRIORITY.—In awarding grants under this sec18 tion, the Secretary of Education shall give priority to 

19 State educational agencies that incorporate community or20 ganizations in carrying out the recovery, counseling, and 

21 treatment programs described in subsection (e)(1)(B). 

22 (e) USE OF FUNDS.— 

23 (1) DRUG-TESTING PROGRAM FOR PERFORM24 ANCE-ENHANCING DRUGS.—A State educational 

25 agency that receives a grant under this section shall 
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1 use not more than 90 percent of the grant funds to 

2 carry out the following: 

3 (A) Implement a drug-testing program for 

4 performance-enhancing drugs that is limited to 

5 testing secondary school students who meet 1 

6 or more of the following criteria: 

7 (i) The student participates in the 

8 school’s athletic program. 

9 (ii) The student is engaged in a com10 petitive, extracurricular, school-sponsored 

11 activity. 

12 (iii) The student and the student’s 

13 parent or guardian provides written con14 sent for the student to participate in a vol15 untary random drug-testing program for 

16 performance-enhancing drugs. 

17 (B) Provide recovery, counseling, and 

18 treatment programs for secondary school stu19 dents tested in the program who test positive 

20 for performance-enhancing drugs. 

21 (2) PREVENTION.—A State educational agency 

22 that receives a grant under this section shall use not 

23 less than 10 percent of the grant funds to establish 

24 statewide policies that discourage the use of per-
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1 formance-enhancing drugs, through educational or 

2 other related means. 

3 (f) REPORT.—For each year of the grant period, a 

4 State educational agency that receives a grant under this 

5 section shall prepare and submit an annual report to the 

6 Assistant Deputy Secretary of the Office of Safe and 

7 Drug-Free Schools on the impact of the pilot program, 

8 which report shall include— 

9 (1) the number and percentage of students who 

10 test positive for performance-enhancing drugs; 

11 (2) the cost of the pilot program; and 

12 (3) a description of any barriers to the pilot 

13 program, as well as aspects of the pilot program 

14 that were successful. 

15 (g) DEFINITIONS.—In this section, the terms ‘‘State 

16 educational agency’’ and ‘‘secondary school’’ have the 

17 meanings given the terms in section 9101 of the Elemen18 tary and Secondary Education Act of 1965 (20 U.S.C. 

19 7801). 

20 (h) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) IN GENERAL.—There is authorized to be 

22 appropriated to carry out this section $20,000,000 

23 for fiscal year 2006. 

24 (2) SEPARATION OF FUNDS.—The Secretary of 

25 Education shall keep any funds authorized for this 
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1 section under paragraph (1) separate from any 

2 funds available to the Secretary for other student 

3 drug-testing programs. 

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