[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1780 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1780

  To amend the Controlled Substances Act to clarify the definition of 
anabolic steroids and to provide for research and education activities 
              relating to steroids and steroid precursors.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 23, 2003

   Mr. Biden (for himself, Mr. Hatch, Mr. Grassley, and Mr. Harkin) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Controlled Substances Act to clarify the definition of 
anabolic steroids and to provide for research and education activities 
              relating to steroids and steroid precursors.

    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 
2003''.

SEC. 2. 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);
                    (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-methyl-androst-1,4-dien-3-one);
            ``(x) 4-dihydrotestosterone (17b-hydroxy-androstan-3-one);
            ``(xi) drostanolone (17b-hydroxy-2a-methyl-5a-androstan-3-
        one);
            ``(xii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-ene);
            ``(xiii) fluoxymesterone (9-fluoro-17a-methyl-11b,17b-
        dihydroxyandrost-4-en-3-one);
            ``(xiv) formebolone (2-formyl-17a-methyl-11a,17b-
        dihydroxyandrost-1,4-dien-3-one);
            ``(xv) furazabol (17a-methyl-17b-hydroxyandrostano[2,3-c]-
        furazan);
            ``(xvi) 18a-homo-17b-hydroxyestr-4-en-3-one (13b-ethyl-17b-
        hydroxygon-4-en-3-one);
            ``(xvii) 4-hydroxytestosterone (4,17b-dihydroxy-androst-4-
        en-3-one);
            ``(xviii) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy-
        estr-4-en-3-one);
            ``(xix) mestanolone (17a-methyl-17b-hydroxy-5a-androstan-3-
        one);
            ``(xx) mesterolone (1a-methyl-17b-hydroxy-[5a]-androstan-3-
        one);
            ``(xxi) methandienone (17a-methyl-17b-hydroxyandrost-1,4-
        dien-3-one);
            ``(xxii) methandriol (17a-methyl-3b,17b-dihydroxyandrost-5-
        ene);
            ``(xxiii) methenolone (1-methyl-17b-hydroxy-5a-androst-1-
        en-3-one);
            ``(xxiv) methyltestosterone (17a-methyl-17b-hydroxyandrost-
        4-en-3-one);
            ``(xxv) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-3-
        one);
            ``(xxvi) nandrolone (17b-hydroxyestr-4-en-3-one);
            ``(xxvii) 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);
            ``(xxviii) norandrostenedione--
                    ``(I) 19-nor-4-androstenedione (estr-4-en-3,17-
                dione); and
                    ``(II) 19-nor-5-androstenedione (estr-5-en-3,17-
                dione;
            ``(xxix) norbolethone (18a-homo-17b-hydroxypregna-4-en-3-
        one);
            ``(xxx) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-one);
            ``(xxxi) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-3-
        one);
            ``(xxxii) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]-
        androstan-3-one);
            ``(xxxiii) oxymesterone (17a-methyl-4,17b-dihydroxyandrost-
        4-en-3-one);
            ``(xxxiv) oxymetholone (17a-methyl-2-hydroxymethylene-17b-
        hydroxy-[5a]-androstan-3-one);
            ``(xxxv) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst-2-
        eno[3,2-c]-pyrazole);
            ``(xxxvi) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-1-
        en-3-one);
            ``(xxxvii) testolactone (13-hydroxy-3-oxo-13,17-
        secoandrosta-1,4-dien-17-oic acid lactone);
            ``(xxxviii) 1-testosterone (17b-hydroxy-5a-androst-1-en-3-
        one);
            ``(xxxix) testosterone (17b-hydroxyandrost-4-en-3-one);
            ``(xl) tetrahydrogestrinone (13b,17a-diethyl-17b-
        hydroxygon-4,9,11-trien-3-one);
            ``(xli) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one); 
        and
            ``(xlii) any salt, ester, or ether of a drug or substance 
        described in this paragraph.''; and
                    (C) by adding at the end the following:
    ``(C) Notwithstanding subparagraph (A), the Attorney General may 
not schedule Androstenedione as a controlled substance in accordance 
with this Act until the Attorney General receives a finding from the 
Commissioner of Food and Drugs relating to whether Androstenedione is 
lawfully marketed under the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321 et seq.).''; 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) is amended--
            (1) by striking subsection (a); and
            (2) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively.

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. PREVENTION AND EDUCATION PROGRAMS.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this Act as the ``Secretary'') shall award grants to 
public and nonprofit private entities to enable such entities to carry 
out science-based education programs in elementary and secondary 
schools to highlight the harmful effects of anabolic steroids.
    (b) Eligibility.--
            (1) Application.--To be eligible for grants under 
        subsection (a), an entity shall prepare and submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require.
            (2) Preference.--In awarding grants under subsection (a), 
        the Secretary shall give preference to applicants that intend 
        to use grant funds to carry out programs based on--
                    (A) the Athletes Training and Learning to Avoid 
                Steroids program;
                    (B) the Athletes Targeting Healthy Exercise and 
                Nutrition Alternatives program; and
                    (C) other programs determined to be effective by 
                the National Institute on Drug Abuse.
    (c) Use of Funds.--Amounts received under a grant under subsection 
(a) shall be used primarily for education programs that will directly 
communicate with teachers, principals, coaches, as well as elementary 
and secondary school children concerning the harmful effects of 
anabolic steroids.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $15,000,000 for each of fiscal 
years 2004 through 2009.

SEC. 5. NATIONAL SURVEY ON DRUG USE AND HEALTH.

    (a) In General.--The Secretary of Health and Human Services shall 
ensure that the National Survey on Drug Use and Health includes 
questions concerning the use of anabolic steroids.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $1,000,000 for each of fiscal 
years 2004 through 2009.
                                 <all>