[Congressional Record Volume 149, Number 150 (Thursday, October 23, 2003)]
[Senate]
[Pages S13139-S13142]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself, Mr. Hatch, Mr. Grassley, and Mr. 
        Harkin):
  S. 1780. 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; to 
the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I rise tonight to introduce, along with my 
good friend from Utah, Senator Hatch, the distinguished Chairman of the 
Judiciary Committee, the ``Anabolic Steroid Control Act of 2003.'' Over 
the last several weeks, we have read front-page articles on the 
dangerous mix of sports and steroids, including a new ``designer'' 
steroid tetrahydrogestrinone, known as ``THG.'' Several premier 
athletes have allegedly tested positive for THG, and there is a Federal 
grand jury investigation into the alleged manufacture and distribution 
of this new substance. Our bill would make THG, and several other 
similar substances, subject to the Controlled Substances Act. Thus, 
these products would no longer be available over the counter. Absent a 
prescription from your doctor, you will not be able to buy them 
legally.
  First, a bit of background on how we got here. Thirteen years ago I 
held a number of hearings on the dangers associated with steroid use 
and introduced legislation to make steroids Schedule III substances. 
After my bill became law, a number of steroid users continued to buy 
and use steroids only now they were buying them through a developing 
illicit market. Others relied on new products being developed or 
rediscovered by scientists, products which may not violate the letter 
of the law, but certainly violate the spirit of the law.
  These substances, called steroid precursors or pro-steroids, are one 
step removed from the substances scheduled in the law: when ingested, 
they metabolize into testosterone or other illicit steroids. These are 
products which the United States Anti-Doping Agency, the group in 
charge of testing Olympic athletes for performance enhancing drugs, has 
called ``the functional equivalent of steroids.''
  In writing about the lack of testing for steroid precursor use in 
professional baseball, Barry Rozner of the Chicago Daily Herald 
described the close relationship between steroids and steroid 
precursors. He wrote:

       There's still no testing for andro (androstenedione) 
     because technically it's not a steroid. It's a steroid 
     precursor. Technically a cake mix isn't a cake but as soon as 
     you pour it in a bowl and stick it in the oven, it's a cake. 
     You put andro in the body, mix it with the body's chemicals 
     and let it bake, and it turns into a powerful steroid. If it 
     walks like a duck and talks like a duck, baseball calls it a 
     sparrow.

  The most well known of the steroid precursors is androstenedione 
often called ``andro.'' Most recently Hiram Cruz, a 2001 national judo 
champion, was suspended from competition for two years after testing 
positive for andro. And it is widely thought that some East German 
Olympic athletes used it in the 1970s and 1980s to improve their 
performance. But perhaps the substance gained the most notoriety when 
professional baseball player Mark McGuire admitted that he used it when 
he broke Roger Maris's single season record for home runs. After 
McGuire revealed that he had taken andro, sales of the product 
quadrupled.
  Andro increases both testosterone and estrogen levels in the body. 
According to a study published in the Journal of the American Medical 
Association ``orally administered adrostenedione increases serum 
testosterone and estrogen levels in healthy men, particularly at higher 
doses.'' The study further notes that ``long-term administration could 
be hazardous, particularly in women or children.'' Another study showed 
that even a single 100 milligram dose of andro can yield unhealthy 
levels of testosterone in women and can increase estrogen levels by 80 
percent. Andro has also been associated with a decrease in HDL the 
``good'' cholesterol and elevated levels of estradiol which may 
increase women's risk of breast cancer.

[[Page S13140]]

  As I will discuss in greater detail later, in addition to the grave 
health effects associated with using andro and other steroid 
precursors, the physical effects can also be quite serious: women can 
develop masculine sex characteristics including changing of the sexual 
organs; men can develop feminine sex characteristics including breast 
development; and adolescent users can stunt their growth.
  The International Olympic Committee, the National Football League and 
the National Collegiate Athletics Association have banned andro 
and other steroid supplements. Other sports, particularly baseball, 
have been criticized for refusing to agree to test players for steroid 
precursors. I should note that Major League Baseball has endorsed the 
legislation I am introducing today. And at a hearing in the Senate 
Commerce Committee last year, Donald Fehr, the Executive Director of 
the Major League Baseball Players Association, said that ``it may well 
be time for the Federal Government to revisit whether steroid 
precursors should also be covered by Schedule III.'' I agree with him. 
Interestingly enough, so do the 79 percent of major league baseball 
players and nearly 86 percent of baseball fans who, according to 
surveys conducted by USA Today last year, support testing for steroids 
and performance-enhancing drugs.

  The USA Today survey also revealed that 80 percent of fans believe 
that steroid use is behind some of the major league records that have 
been broken recently. It is understandable, therefore, that some 
players may support testing to preserve the integrity of their records. 
As Yankees' shortstop Derek Jeter has been quoted as saying:

       I don't have a problem with getting tested because I have 
     nothing to hide. Steroids are a big issue. If anything like a 
     home run or any injury happens, people say it's steroids. 
     That's not fair.

  In my view, it is time for Congress to act so that we can put an end 
to the charade that androstenedione and similar products are any 
different from the anabolic steroids that are controlled under current 
law.
  To be honest I would be less concerned about what professional 
athletes are doing to their bodies if their actions did not have such a 
profound effect on kids. A study by the Kaiser Family Foundation 
revealed that nearly three-quarters of kids say that they look up to 
and want to emulate professional athletes. Sadly, more than half of 
those kids believe that their sports heroes use steroids and other 
performance enhancing drugs to win. That may be why adolescent anabolic 
steroid use is at its highest level in the past decade, with 1 million 
teens having used them.
  As Dr. Bernard Greisemer, a pediatrician and sports medicine 
specialist, testified before the Senate last year, many of these 
products are marketed to kids who want to be like their favorite sports 
hero. Dr. Greisemer said:

       [P]rofessional athletes are major role models for our young 
     athletes; in the clothes they wear, the cars they drive, the 
     food they eat, and the drugs and dietary supplements they 
     take. The millions of dollars that are spent by major 
     corporations in linking their products to a particular 
     athlete, team, or sporting event, counter any argument that 
     professional athletes are not affecting the lifestyles of our 
     young athletes. Use of and media exposure of the use of, 
     anabolic steroids in professional athletes also directly 
     affects the interest in, the perception of benefits of, and 
     the use of these substances.

  There are plenty of children and adults who believe that supplements 
will make them faster and stronger. That they'll have bigger muscles 
and be more like their favorite athlete. That they'll have a 
competitive advantage or have what it takes to win. In reality, they 
are jeopardizing their health. The ignorance of the consequences of 
using these substances is astounding. A study by Blue Cross/Blue Shield 
found that 70 percent of kids and half of parents surveyed were unable 
to identify even one negative side effect associated with performance-
enhancing drugs. And 80 percent of kids reported that their parents 
have never talked to them about the dangers of steroid use. Clearly 
there is quite a bit of education to be done about these very dangerous 
substances.
  Let me go through just a few of the side effects of steroid use. In 
both males and females it can lead to increased blood pressure, 
increased risk of heart attack and stroke, liver and cardiac 
dysfunction, increased libido, aggressiveness and appetite, and acne. 
For males, steroid use can lead to breast development, premature 
balding, testicular atrophy, decreased sperm count and prostate 
enlargement. Females can develop masculine sex characteristics 
including increased body hair, facial hair, deepening of the voice, 
male pattern baldness and changes to the sex organs. And among 
adolescent users, steroid precursor use can lead to stunted growth due 
to hardening of cartilage. Many of these side-effects are irreversible.
  Quite troubling to me is that some people are taking these substances 
unwittingly. It is not unusual for manufacturers of creatine or other 
performance enhancing substances to put andro or another precursor into 
their product to give them a competitive edge over a competitor's 
products.
  Clearly these substances are dangerous and they should not be widely 
available over the counter. That is why I am joining with Senator Hatch 
and Senator Grassley today to introduce the Anabolic Steroid Control 
Act of 2003.
  My bill does four things. First, it amends the Anabolic Steroid 
Control Act of 1990 by adding THG, androstenedione and their chemical 
cousins to the list of anabolic steroids controlled under the 
Controlled Substances Act and makes it easier for the DEA to add 
similar substances to that list in the future. This would prohibit 
people from obtaining these substances over the counter without a 
prescription in either their pure form or as an additive to another 
product.
  Second, it directs the U.S. Sentencing Commission to review the 
Federal sentencing guidelines for crimes involving anabolic steroids 
and consider increasing them. Currently, the maximum sentence for 
offenses involving anabolic steroids is only 33-41 months for first 
time offenders. And to receive the maximum sentence an offender would 
have to have between 40,000 and 60,000 units, which is defined as a 10 
cc vial or 50 tablets. That means that someone trafficking 300,000 
doses faces a maximum of three and a half year behind bars. That does 
not seem to be enough of a deterrent and I hope the Sentencing 
Commission will consider raising the guidelines for steroid 
trafficking.
  Third, the bill authorizes $15 million for the Secretary of Health 
and Human Services to award grants to public and non-profit entities to 
carry out science-based education programs in elementary and secondary 
schools to highlight the harmful effects of anabolic steroids. 
Preference will be given to programs based on the Athletes Training and 
Learning to Avoid Steroids program (ATLAS), the Athletes Targeting 
Healthy Exercise and Nutrition Alternatives (ATHENA) program, and other 
programs which the National Institute on Drug Abuse has determined to 
be effective. ATLAS, which is aimed at male student athletes, has been 
named as one of the Department of Education's Exemplary Programs and is 
one of the Substance Abuse and Mental Health Services Administration's 
Model Programs. ATHENA is ATLAS's companion program designed for female 
athletes.
  Finally, the bill directs the Secretary of Health and Human Services 
to include questions about steroid use in the National Survey on Drug 
Use and Health, an annual survey to measure the extent of alcohol, drug 
and tobacco use in the United States. The bill authorizes $1 million 
for this purpose.
  I'm proud to say that the bill has been endorsed by a wide range of 
medical, athletic and drug policy organizations including: American 
Academy of Family Physicians; American Academy of Pediatrics; American 
College of Obstetricians and Gynecologists; American College for Sports 
Medicine; American Council on Exercise; American Medical Association; 
Association of Tennis Professionals; Blue Cross Blue Shield 
Association; Boys and Girls Clubs; Community Anti-Drug Coalitions of 
America; Consumer Healthcare Products Association; Council for 
Responsible Nutrition; The Endocrine Society; The Hormone Foundation; 
Little League; Major League Baseball; National Athletic Trainers 
Association; The National Center on Addiction and Substance Abuse at 
Columbia University; National Collegiate Athletic Association; National 
Federation of State High Schools Association;

[[Page S13141]]

National Football League; National High School Athletic Coaches 
Association; National Junior College Athletic Association; National 
Nutritional Foods Association; Pharmacists Planning Services, Inc.; 
United States Anti-Doping Agency; U.S. Olympic Committee; U.S. Biathlon 
Association; U.S. Soccer Federation; USA Cycling; USA Luge; USA 
Swimming; USA Track and Field and Utah Natural Products Alliance.
  I urge my colleagues to support this legislation and I hope that it 
will be enacted into law soon.
  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. 1780

       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.


[[Page S13142]]


  Mr. GRASSLEY. Mr. President, I am pleased to join Senator Biden and 
Senator Hatch as a co-sponsor of the Steroid Control Act of 2003. Our 
youth need to understand that while the short-term use of steroids may 
seem beneficial, the long-term effects on overall health can be 
extremely harmful or even fatal. Adults need to be more vigilant in 
ensuring young people are not able to obtain these dangerous 
substances. The Steroid Control Act is an important step in working 
toward that goal.
  According to the latest Monitoring the Future Survey, 2.5 percent of 
eighth graders, 3.5 percent of tenth graders and 4.0 percent of twelfth 
graders used steroids at least once during their lifetime. Teens in 
particular seem to believe the myth that steroid abuse, typically at 10 
to 100 times what might be prescribed by a doctor, is a quick way to 
gain muscle mass with little cost.
  But steroid abuse is associated with a range of physical and 
emotional problems. According to the National Drug Intelligence Center, 
the dangers associated with steroid use include liver tumors and 
cancer, jaundice, high blood pressure and increases in cholesterol 
levels, kidney tumors, fluid retention, and severe acne. Adolescents in 
particular risk prematurely halting their growth because of early 
skeletal maturation and acceleration of puberty. The emotional problems 
associated with steroid use include dramatic mood swings, including 
manic symptoms that can lead to violence called ``roid'' rage, 
depression, paranoid jealousy, extreme irritability, delusions, and 
impaired judgment.
  This Bill makes clarifications to the Steroid Control Act passed in 
1990. It will make it easier to add steroid precursors such as 
androstenedione, THG, and other similar substances--many of which have 
been developed since the Steroid Control Act of 1990 passed in order to 
evade the law--to the list of Schedule III anabolic steroids. In 
addition, it adds a number of known steroid precursors to the anabolic 
steroid list, and removes the requirement that a substance be proven to 
promote muscle growth.
  The Steroid Control Act also directs the United States Sentencing 
Commission to review the Federal sentencing guidelines for crimes 
involving anabolic steroids. It provides an opportunity to conduct 
prevention programs for young students to educate them on the dangers 
of using steroids.
  I encourage my colleagues to join us in supporting these important 
reforms.
                                 ______