[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3866 Reported in House (RH)]






                                                 Union Calendar No. 270
108th CONGRESS
  2d Session
                                H. R. 3866

                  [Report No. 108-461, Parts I and II]

 To amend the Controlled Substances Act to provide increased penalties 
  for anabolic steroid offenses near sports facilities, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2004

Mr. Sensenbrenner (for himself, Mr. Conyers, Mr. Sweeney, Mr. Osborne, 
 and Mr. Berman) introduced the following bill; which was referred to 
  the Committee on the Judiciary, and in addition to the Committee on 
Energy and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

                             April 2, 2004

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             April 2, 2004

Referral to the Committee on Energy and Commerce extended for a period 
                  ending not later than April 27, 2004

                             April 27, 2004

Additional sponsors: Mr. Scott of Virginia, Mr. Coble, Mr. Stupak, Mr. 
                         Meehan, and Mr. Castle

                             April 27, 2004

  Reported from the Committee on Energy and Commerce with an amendment
[Strike out all after the enacting clause and insert sections 1 through 
   4 printed in italic and insert the part printed in boldface roman]
 [For text of introduced bill, see copy of bill as introduced on March 
                                1, 2004]

_______________________________________________________________________

                                 A BILL


 
 To amend the Controlled Substances Act to provide increased penalties 
  for anabolic steroid offenses near sports facilities, and for other 
                               purposes.

    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 ``Anabolic Steroid Control Act of 
2004''.

SEC. 2. INCREASED PENALTIES FOR ANABOLIC STEROID OFFENSES NEAR SPORTS 
              FACILITIES.

    (a) In General.--Part D of the Controlled Substances Act is amended 
by adding at the end the following:

            anabolic steroid offenses near sports facilities

    ``Sec. 424. (a) Whoever violates section 401(a)(1) or section 416 
by manufacturing, distributing, or possessing with intent to 
distribute, an anabolic steroid near or at a sports facility is subject 
to twice the maximum term of imprisonment, maximum fine, and maximum 
term of supervised release otherwise provided by section 401 for that 
offense.
    ``(b) As used in this section--
            ``(1) the term `sports facility' means real property where 
        athletic sports or athletic training takes place, if such 
        property is privately owned for commercial purposes or if such 
        property is publicly owned, but does not include any real 
        property described in section 419;
            ``(2) the term `near or at' means in or on, or within 1000 
        feet of; and
            ``(3) the term `possessing with intent to distribute' means 
        possessing with the intent to distribute near or at a sports 
        facility.''.
    (b) Table of Contents Amendment.--The table of contents for 
Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended 
by inserting after the item relating to section 423 the following new 
item:

``Sec. 424. Anabolic steroid offenses near sports facilities.''.

SEC. 3. SENTENCING COMMISSION GUIDELINES.

    The United States Sentencing Commission shall--
            (1) review the Federal sentencing guidelines with respect 
        to offenses involving anabolic steroids;
            (2) consider amending the Federal sentencing guidelines to 
        provide for increased penalties with respect to offenses 
        involving anabolic steroids in a manner that reflects the 
        seriousness of such offenses and the need to deter anabolic 
        steroid use; and
            (3) take such other action that the Commission considers 
        necessary to carry out this section.

SEC. 4. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.

    (a) Definitions.--Section 102 of the Controlled Substances Act (21 
U.S.C. 802) is amended--
            (1) in paragraph (41)--
                    (A) by realigning the margin so as to align with 
                paragraph (40); and
                    (B) by striking subparagraph (A) and inserting the 
                following:
    ``(A) The term `anabolic steroid' means any drug or hormonal 
substance, chemically and pharmacologically related to testosterone 
(other than estrogens, progestins, corticosteroids, and 
dehydroepiandrosterone), and includes--
            ``(i) androstanediol--
                    ``(I) 3b,17b-dihydroxy-5a-androstane; and
                    ``(II) 3a,17b-dihydroxy-5a-androstane;
            ``(ii) androstanedione (5a-androstan-3,17-dione);
            ``(iii) androstenediol--
                    ``(I) 1-androstenediol (3b,17b-dihydroxy-5a-
                androst-1-ene);
                    ``(II) 1-androstenediol (3a,17b-dihydroxy-5a-
                androst-1-ene);
                    ``(III) 4-androstenediol (3b,17b-dihydroxy-androst-
                4-ene); and
                    ``(IV) 5-androstenediol (3b,17b-dihydroxy-androst-
                5-ene);
            ``(iv) androstenedione--
                    ``(I) 1-androstenedione ([5a]-androst-1-en-3,17-
                dione);
                    ``(II) 4-androstenedione (androst-4-en-3,17-dione); 
                and
                    ``(III) 5-androstenedione (androst-5-en-3,17-
                dione);
            ``(v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-4-en-
        3-one);
            ``(vi) boldenone (17b-hydroxyandrost-1,4,-diene-3-one);
            ``(vii) calusterone (7b,17a-dimethyl-17b-hydroxyandrost-4-
        en-3-one);
            ``(viii) clostebol (4-chloro-17b-hydroxyandrost-4-en-3-
        one);
            ``(ix) dehydrochlormethyltestosterone (4-chloro-17b-
        hydroxy-17a-methylandrost-1,4-dien-3-one);
            ``(x) D1-dihydrotestosterone (also known as 1-testosterone) 
        (17b-hydroxy-5a-androst-1-en-3-one);
            ``(xi) 4-dihydrotestosterone (17b-hydroxy-androstan-3-one);
            ``(xii) drostanolone (17b-hydroxy-2a-methyl-5a-androstan-3-
        one);
            ``(xiii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-ene);
            ``(xiv) fluoxymesterone (9-fluoro-17a-methyl-11b,17b-
        dihydroxyandrost-4-en-3-one);
            ``(xv) formebolone (2-formyl-17a-methyl-11a,17b-
        dihydroxyandrost-1,4-dien-3-one);
            ``(xvi) furazabol (17a-methyl-17b-hydroxyandrostano[2,3-c]-
        furazan);
            ``(xvii) 13a-ethyl-17b-hydroxygon-4-en-3-one;
            ``(xviii) 4-hydroxytestosterone (4,17b-dihydroxy-androst-4-
        en-3-one);
            ``(xix) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy-estr-
        4-en-3-one);
            ``(xx) mestanolone (17a-methyl-17b-hydroxy-5a-androstan-3-
        one);
            ``(xxi) mesterolone (1a-methyl-17b-hydroxy-[5a]-androstan-
        3-one);
            ``(xxii) methandienone (17a-methyl-17b-hydroxyandrost-1,4-
        dien-3-one);
            ``(xxiii) methandriol (17a-methyl-3b,17b-dihydroxyandrost-
        5-ene);
            ``(xxiv) methenolone (1-methyl-17b-hydroxy-5a-androst-1-en-
        3-one);
            ``(xxv) methyltestosterone (17a-methyl-17b-hydroxyandrost-
        4-en-3-one);
            ``(xxvi) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-
        3-one);
            ``(xxvii) 17a-methyl-D1-dihydrotestosterone (17 b-hydroxy-
        17a-methyl-5a-androst-1-en-3-one) (also known as `17-a-methyl-
        1-testosterone');
            ``(xxviii) nandrolone (17b-hydroxyestr-4-en-3-one);
            ``(xxix) norandrostenediol--
                    ``(I) 19-nor-4-androstenediol (3b, 17b-
                dihydroxyestr-4-ene);
                    ``(II) 19-nor-4-androstenediol (3a, 17b-
                dihydroxyestr-4-ene);
                    ``(III) 19-nor-5-androstenediol (3b, 17b-
                dihydroxyestr-5-ene); and
                    ``(IV) 19-nor-5-androstenediol (3a, 17b-
                dihydroxyestr-5-ene);
            ``(xxx) norandrostenedione--
                    ``(I) 19-nor-4-androstenedione (estr-4-en-3,17-
                dione); and
                    ``(II) 19-nor-5-androstenedione (estr-5-en-3,17-
                dione);
            ``(xxxi) norbolethone (13b,17a-diethyl-17b-hydroxygon-4-en-
        3-one);
            ``(xxxii) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-
        one);
            ``(xxxiii) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-
        3-one);
            ``(xxxiv) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]-
        androstan-3-one);
            ``(xxxv) oxymesterone (17a-methyl-4,17b-dihydroxyandrost-4-
        en-3-one);
            ``(xxxvi) oxymetholone (17a-methyl-2-hydroxymethylene-17b-
        hydroxy-[5a]-androstan-3-one);
            ``(xxxvii) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst-
        2-eno[3,2-c]-pyrazole);
            ``(xxxviii) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-
        1-en-3-one);
            ``(xxxix) testolactone (13-hydroxy-3-oxo-13,17-
        secoandrosta-1,4-dien-17-oic acid lactone);
            ``(xl) testosterone (17b-hydroxyandrost-4-en-3-one);
            ``(xli) tetrahydrogestrinone (13b,17a-diethyl-17b-
        hydroxygon-4,9,11-trien-3-one);
            ``(xlii) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one); 
        and
            ``(xliii) any salt, ester, or ether of a drug or substance 
        described in this paragraph;''; and
            (2) in paragraph (44), by inserting ``anabolic steroids,'' 
        after ``marihuana,''.
    (b) Authority and Criteria for Classification.--Section 201(g) of 
the Controlled Substances Act (21 U.S.C. 811(g)) is amended--
            (1) in paragraph (1), by striking ``substance from a 
        schedule if such substance'' and inserting ``drug which 
        contains a controlled substance from the application of titles 
        II and III of the Comprehensive Drug Abuse Prevention and 
        Control Act (21 U.S.C. 802 et seq.) if such drug''; and
            (2) in paragraph (3), by adding at the end the following:
            ``(C) Upon the recommendation of the Secretary of Health 
        and Human Services, a compound, mixture, or preparation which 
        contains any anabolic steroid, which is intended for 
        administration to a human being or an animal, and which, 
        because of its concentration, preparation, formulation or 
        delivery system, does not present any significant potential for 
        abuse.''.
    (c) Anabolic Steroids Control Act.--Section 1903 of the Anabolic 
Steroids Control Act of 1990 (Public Law 101-647; 21 U.S.C. 802 note) 
is amended--
            (1) by striking subsection (a); and
            (2) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively.

SEC. 5. REPORTING REQUIREMENT.

    Within 2 years of enactment of this Act, the Secretary of Health 
and Human Services, in consultation with the Attorney General, shall 
prepare a report to the Judiciary Committee of the House and Senate 
evaluating the health risks associated with dietary supplements not 
addressed in this legislation which contain substances similar to those 
added to the list of controlled substances under this legislation.

SEC. 5. REPORTING REQUIREMENT.

    Not later than 2 years after the date of the enactment of this Act, 
the Secretary of Health and Human Services, in consultation with the 
Attorney General, shall prepare and submit a report to the Judiciary 
Committee of the House and Senate, and to the Committee on Energy and 
Commerce of the House, evaluating the health risks associated with 
dietary supplements not scheduled under the amendments made by this Act 
which contain substances similar to those added to the list of 
controlled substances under those amendments. The report shall include 
recommendations on whether such substances should be regulated as 
anabolic steroids.




                                                 Union Calendar No. 270

108th CONGRESS

  2d Session

                               H. R. 3866

                  [Report No. 108-461, Parts I and II]

_______________________________________________________________________

                                 A BILL

 To amend the Controlled Substances Act to provide increased penalties 
  for anabolic steroid offenses near sports facilities, and for other 
                               purposes.

_______________________________________________________________________

                             April 27, 2004

  Reported from the Committee on Energy and Commerce with an amendment