[Congressional Record Volume 150, Number 75 (Wednesday, June 2, 2004)]
[House]
[Pages H3660-H3665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  ANABOLIC STEROID CONTROL ACT OF 2004

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 3866) to amend the Controlled Substances Act to provide 
increased penalties for anabolic steroid offenses near sports 
facilities, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 3866

       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

[[Page H3661]]

       ``(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.

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from Virginia (Mr. 
Scott) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on H.R. 3866, the bill 
currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, recently American sprinter Kelli White admitted to the 
United States Anti-Doping Agency that she had been taking banned 
steroids. European 100 meters champion Dwain Chambers and four other 
U.S. athletes also recently tested positive for steroid use. Steroid 
use in professional baseball is well-known. The fact is that steroids 
are abused in professional sports more often than many would like to 
admit, and we face statistics showing an alarming number of children in 
middle school and high school have tried steroids.
  By simply reading the newspapers, one gets the feeling that steroid 
abuse is an epidemic. We must ask ourselves what kind of example is 
being set for our children when our best athletes feel it is necessary 
to pollute their bodies with these chemicals and risk their health to 
compete in sports. Today, we are here to say enough is enough by making 
it harder to traffic in steroids and making sure there are tough 
penalties for those who do.
  Studies show that steroid use may include some very serious 
consequences such as liver disorders, heart attack and stroke. 
Additionally, many long-term users face psychiatric effects such as 
rage, mania or delusions. When used by adolescents, steroid use may 
result in premature growth cessation or rupturing of tendons.
  In addition to facing the health consequences of taking steroids, Ms. 
White, Dwain Chambers and other athletes are facing the consequences of 
their actions professionally. All will be banned from competition for 2 
years. Ms. White had to relinquish the medal she received in the 2003 
world championships. Hopefully, the message our children receive from 
these high-profile cases is that our society will not tolerate this 
type of cheating in professional or Olympic sports. We should admire 
the athletes who achieve greatness through hard work and their own God-
given abilities and hard work.
  The Anabolic Steroid Control Act of 2004 will help to drive home this 
message. This legislation adds steroid precursors, substances which 
become steroids in the body, to the list of controlled substances, 
meaning they will no longer be available unless prescribed by a 
physician for a legitimate medical purpose. It also increases the 
penalties for anyone caught trafficking in steroids near a sports 
facility.
  The goal here is clear. We do not want these substances around our 
gyms, baseball stadiums, football fields or our running tracks. We do 
not want our athletes to risk their health to win. We want our athletes 
to be examples of healthy individuals. We want the way our American 
athletes treat their bodies to be a source of pride for our country, 
not a source of shame. We want our children to be able to look up to 
them for their accomplishments.
  I strongly urge my colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 3866, the Anabolic Steroid 
Control Act of 2004.

[[Page H3662]]

  This legislation updates the ban on steroids to include the several 
steroid precursors which have been developed since the 1990 ban on 
steroids went into effect. These precursors have been shown to cause 
the same reaction in the body as other steroids, and they are just as 
dangerous in terms of side effects and long-term damage potential. Yet, 
currently, they are not illegal; and they are widely used by athletes 
and others seeking to enhance muscle and body development.
  In addition to being directly ingested, these dangerous drugs are 
also being consumed as parts of presently legal, over-the-counter 
nutrition and dietary supplements.
  Of course, the most important concern driving the bill is the impact 
these drugs and precursors have on children. Some young athletes are 
using the drugs with the belief that they can become great in their 
sport and gain money and fame. However, in addition to risking 
disqualification from playing sports, they also risk stunted growth, 
infertility and other long-term health problems and even death.
  While we must ensure that these dangerous new drugs and precursors do 
not get in the hands of children or others who would use them 
improperly, we must also be aware that these same drugs have legitimate 
uses. If made available for legitimate prescriptions by physicians, 
they could treat conditions such as body wasting with patients with 
AIDS and other diseases that result in loss of muscle mass.
  So, Mr. Speaker, I am pleased to join the gentleman from Wisconsin 
(Chairman Sensenbrenner), the gentleman from Michigan (Ranking Member 
Conyers) and other Members who have helped craft the bill in their 
effort to get these drugs out of the category of easy access to 
children and others who would use them improperly and into the 
laboratory to determine their legitimate, beneficial uses and into the 
doctor's office where they can be properly prescribed. I, therefore, 
urge my colleagues to support the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume 
to the gentleman from Texas (Mr. Barton), the distinguished chairman of 
the Committee on Energy and Commerce.
  (Mr. BARTON of Texas asked and was given permission to revise and 
extend his remarks.)
  Mr. BARTON of Texas. Mr. Speaker, I want to thank the gentleman from 
Wisconsin (Mr. Sensenbrenner), the distinguished chairman of the 
Committee on the Judiciary, for bringing this bill to the floor and 
thank him for his leadership.
  H.R. 3866, the Anabolic Steroid Control Act of 2004, will help 
prevent the abuse of steroids by professional athletes and will also 
address the widespread use of steroids and steroid precursors by 
college, high school and even middle school students.
  Steroid use has been banned in the United States since the passage of 
the Anabolic Steroids Control Act of 1990. However, in recent years, 
new substances have become available that have the same effects on the 
body as anabolic steroids but are not banned under current law. These 
steroid precursors can be just as dangerous as those substances that 
have been banned themselves under the original Act.
  This legislation, which the Committee on Energy and Commerce had 
sequential jurisdiction on and was marked up in April in the Committee 
on Energy and Commerce, would add several of these new products to the 
list of banned substances and provide increased penalty for any 
individual who traffics in steroids within 1,000 feet of an athletic 
facility. This bill will go a long way toward ensuring that our 
Nation's athletes, both children and adults, will not be exposed to 
these dangerous products.
  I want to again thank the gentleman from Wisconsin (Mr. 
Sensenbrenner), the chairman of the Committee on the Judiciary, for his 
excellent leadership on this and would urge all my colleagues to vote 
yes on H.R. 3866.
  Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume 
to the gentleman from Nebraska (Mr. Osborne).
  Mr. OSBORNE. Mr. Speaker, I would like to thank the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentleman from Texas (Mr. Barton) 
for advancing this legislation. I would particularly like to thank the 
gentleman from New York (Mr. Sweeney) for inspiring this legislation 
and having a great deal to do with its inception.

                              {time}  1530

  Mr. Speaker, in 2000, Mark McGwire hit 70 home runs. In 2001, more 
than one million children ages 12 to 17 used performance enhancing 
substances, and 390,000 children aged 10 to 14 used performance 
enhancing drugs or supplements. Chief among these substances used by 
teenagers was androstendione, which Mark McGwire admitted using when 
setting the record.
  Mr. Speaker, androstendione is a steroid precursor. It is not a 
steroid under current definition; yet when ingested, it becomes a 
steroid, and it can be purchased over the counter by teenagers. 
Androstendione and other precursors are banned by the NCAA, the United 
States Olympic Committee, the National Football League, and the 
National Basketball Association; but it is not banned by Major League 
Baseball, high schools and junior high schools; and this just does not 
make any sense.
  Steroids and steroid precursors cause cancer of the liver and 
kidneys, heart disease, stunt growth, cause extreme aggression and 
depression sometimes leading to teenage suicide, and the younger the 
user the more negative the consequences. But they also can build 
muscle, and therein lies the problem. It is a very dangerous situation.
  I have three major concerns here: number one, many children do not 
know the risks. They assume that over-the-counter drugs are safe if 
they are sold over the counter. Also, 40 percent of supplements contain 
banned substances. They are not labeled correctly.
  Number two, many young people will sacrifice health to gain a 
competitive edge. They know what the risks are, yet to win an Olympic 
medal, to win an athletic scholarship, to look more muscular, to make 
the team, they will actually sacrifice years off their life.
  Number three, the use of steroids and precursors threatens the 
integrity of athletic competition. Do the 70 home runs in the year 2000 
indicate greater athletic achievement than 65 home runs in the 1960s, 
or does it indicate better chemistry? We really will not know, and it 
is not fair to those who are competing today and those who competed 30, 
40 and 50 years ago.
  Again, I would like to thank the gentleman from New York (Mr. 
Sweeney) and the chairman, the gentleman from Wisconsin (Mr. 
Sensenbrenner), for their work. I urge support of H.R. 3866. This bill 
addresses the issue of steroid precursors; designer steroids, such as 
THD; and strengthens penalties for distribution of steroid products.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield 5 minutes to the 
gentlewoman from California (Mrs. Davis).
  Mrs. DAVIS of California. Mr. Speaker, I rise today in support of the 
Anabolic Steroid Control Act, H.R. 3866, and commend my colleagues from 
the Committee on the Judiciary and Committee on Energy and Commerce for 
their hard work on this legislation.
  Fourteen years ago, the passage of the Anabolic Steroid Control Act 
banned the use of steroids, but since then steroid precursors have 
emerged in the marketplace. These products, which are not considered 
steroids under current law, react like steroids once ingested and yield 
similar effects. Use of precursors is also associated with the same 
kinds of bad side effects associated with sustained steroid use, such 
as aggression, liver tumors, and extreme mood swings, just to name a 
few.
  Since these substances are not legal under current law, some of them 
are marketed as nutrition or dietary supplements and are readily 
available over the counter. This has resulted in another detrimental 
development: widespread use of precursors among young people, ranging 
from college age to kids as young as middle school students. Pressured 
by athletic competition and peers, these young people turn to these 
substances for a competitive edge. Numbers released by the National 
Institute on Drug Abuse for 2003 show an alarming trend of increased 
precursor use among adolescents since the

[[Page H3663]]

early 1990s. It is clear that our current law must be updated to 
reflect the times. We must take action to protect our loved ones.
  H.R. 3866 modernizes the list of anabolic steroids regulated by the 
Drug Enforcement Administration to include about two dozen new 
substances and increases the maximum penalties for trafficking steroids 
close to a sports facility.
  However, I am concerned about what is not in this legislation, 
namely, the steroid hormone DHEA. Like my colleagues in the Committee 
on Energy and Commerce, I am disappointed to see DHEA exempted from 
H.R. 3866. Both the National Institutes of Health and the dietary 
supplement industry have declared their concern about potentially 
dangerous health effects.
  The questions and concerns raised in this discussion show why the 
regulatory framework for dietary supplements must be updated. Under 
current law, consumers and the Food and Drug Administration do not have 
access to the information or tools they need to make informed decisions 
about dietary supplements.
  With the support of the gentleman from Michigan (Mr. Dingell) and the 
gentleman from California (Mr. Waxman), I introduced the Dietary 
Supplement Access and Awareness Act, H.R. 3377, in order to establish 
commonsense consumer protections. The measures and education programs 
contained in H.R. 3377 will enable the FDA to gather solid data about 
the dangers some dietary supplements pose and make sensible informed 
decisions about supplements such as DHEA. In turn, consumers will have 
greater assurance than they currently have about the safety of dietary 
supplements on the market.
  So, my colleagues, I would certainly encourage support of this 
legislation today. I believe it is sensible. But it also opens up the 
way for us to provide for consumers who choose to take dietary 
supplements more education and more information awareness.
  Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume 
to the gentleman from New York (Mr. Sweeney), who is a cosponsor of the 
legislation.
  Mr. SWEENEY. Mr. Speaker, I thank the chairman for yielding me this 
time.
  This is a big day for me personally because this is a piece of 
legislation that represents an agreement on a piece of legislation that 
I first introduced 4 years ago, and I want to talk a little about the 
personal aspects of this and how I got involved in the whole anabolic 
steroid precursor and designer steroid issue.
  My son, who I love and who I am lucky enough to get to spend some 
time with, and I work out fairly regularly together, Mr. Speaker. And, 
fortunately, about 5 years ago, at one of our workouts, my son was 
talking to me about some of his friends and his colleagues and some of 
their training habits. It was also 5 years ago almost immediately after 
the Mark McGwire record-setting home run streak in Major League 
Baseball. My son said that he and his friends had all been talking 
about how they could get better, how they could get bigger, stronger, 
faster, hit the ball better; and one of the ideas they had, by virtue 
of some of the advertising and some of the stories they heard about 
Mark McGwire, was to use a substance called andro.
  Mr. Speaker, the gentleman from Nebraska (Mr. Osborne), no greater a 
symbol of the American sports movement than Coach Tom Osborne at 
Nebraska, mentioned in his remarks andro and its effects, and the 
record was pretty clear that after Mark McGwire hit his home runs, 
performing under legal rules established at that time, the use of andro 
quadrupled, with teenagers making up a large portion of that 
population. According to the Department of Health and Human Services, 
one out of every 40 high school students admitted to using andro in the 
past year, and something in the range of 3 to 4 percent of junior high 
school students had talked about and were using anabolic steroids.
  Now, 20 years ago, we addressed the issue of anabolic steroids and 
established very clearly the health risks that were attendant to it. 
But what we find now is this almost insidious effort to market products 
meant simply to skirt the law, simply to subvert the testing processes 
that exist and targeting a very vulnerable part of our population, 
young athletes, people who cared about their fitness, and marketing 
these products in order to take advantage of that circumstance.
  So this legislation coming forward today represents Congress' 
response to that, an appropriate response that will effectively make it 
illegal to sell over the counter now, with that presumption of sales 
over the counter, that a product is safe and does what it says it does. 
It will make it illegal to sell those products over the counter at the 
GNCs, at the Wal-Marts, or any of the other places. And what it 
effectively does is protect our kids, which is, obviously, a very 
important part.
  Now, make no mistake about it, keeping our children safe is far more 
important than restoring the integrity to the sports world, Mr. 
Speaker; but with the Anabolic Steroid Control Act we accomplish both 
of those things. In athletics today, the lines of fair play have been 
blurred by the prevalence of steroid precursors and designer steroids; 
and athletes have become more creative in turning those substances, 
such as andro, into their muscle-building cousins.
  Now, I want to respond a little to one of the prior speakers, and 
this was the gentlewoman who preceded me most immediately, and that was 
the issue of DHEA and whether we have DHEA mentioned in the list of 
products specifically mentioned here. As someone 4 years ago that 
introduced legislation that was very broad and said that any precursor 
or any designer steroid ought to be outlawed, I came to recognize that 
that legislation, under the instruction of the chairman and the ranking 
member of the Committee on the Judiciary, probably would not have 
survived judicial scrutiny.
  What we have in this legislation is the perfect balance to make sure 
that the legislation we pass forward will have the effect we choose it 
to have, and that is making sure that manufacturers are putting on the 
shelves products that do what they say and are safe, and, secondly, 
outlawing those that are not. So whether DHEA is mentioned in this 
legislation or not, or any other product that is devised, and there 
will be others the manufacturing community will come forward with, 
whether they are made illegal or not does not really matter here, Mr. 
Speaker.
  The burden of proof is now shifted to them. The effective tools that 
we need in order to protect our kids, to protect athletes, and protect 
the next generation, and to protect the integrity of sports are here. 
That is why the FDA, the DEA, the United States Olympic Committee, the 
NFL, the NCAA, all of those groups, the U.S. Anti-Doping Association, 
CASPER, and all of those groups have come out in support of this 
legislation. They recognize that this long fight, begun 20 years ago in 
this body, is coming to the right conclusion, a conclusion that 
protects the American people.
  Finally, Mr. Speaker, I want to recognize the hard work and efforts 
of the gentleman from Nebraska (Mr. Osborne). He committed with me 4 
years ago to pass this legislation, and we have gotten that done. I 
also want to recognize the great work of the Committee on the Judiciary 
and its chairman, who gave us not only an opportunity to be heard but 
carried this legislation, through the ranking member; and the chairman 
of the Subcommittee on Crime, Terrorism, and Homeland Security, the 
gentleman from North Carolina (Mr. Coble); and his ranking member, the 
gentleman from Virginia (Mr. Scott), for their subcommittee work on all 
this. This is a strong bipartisan effort that is for the good of the 
American people.
  Finally, and in conclusion, I would point out that all major sport 
entities of any credibility in this Nation have endorsed this 
legislation. It is time for Major League Baseball, and most 
specifically the Major League Baseball Players Association, to end the 
foot-dragging and to go forward and ban in their own sport these 
substances that threaten the integrity of their sport. And do it not 
just because the integrity of their sport is threatened, but do it as 
well because it is good for America, good for American athletes, and 
good for the next generation.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield myself such time as I may 
consume to thank the gentleman for his

[[Page H3664]]

comments and for his leadership on this legislation.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, H.R. 3866 is a bill that will 
bring more integrity to athletics in this country and bring our 
legislative controls over steroids and steroid precursors up-to-date, 
thereby making them more effective. The abuse of these controlled 
substances is a major concern because it makes not only the players 
suffer, but is also makes the spectators, parents, family, friends, and 
ticket-purchasers suffer. Therefore, I generally support the bill 
introduced by my colleagues Messrs. Sensenbrenner, Conyers, Sweeney, 
Osborne, and Berman, H.R. 3866, the Anabolic Steroid Control Act of 
2004.
  In supporting this bill, I also share the concern of my colleagues of 
the House Judiciary that it will explicitly exempt a specific steroid 
precursor, dehydroepiandrosterone or DHEA. The effect of this exemption 
is to prevent the Drug Enforcement Agency (DEA) from taking action 
against DHEA as an anabolic steroid, no matter what evidence 
accumulates about its risks.
  H.R. 3866's purpose is to facilitate DEA's ability to restrict access 
to anabolic steroids, like Androstendione or Andro, that boost 
testosterone and estrogen levels in the body. Maintenance of this 
purpose is important because these products can have serious health 
risks, including potentially toxic effects on the liver and 
cardiovascular system, damage to fertility, and psychiatric side-
effects, according to the American Medical Association. Because of 
their effects on hormone levels, anabolic steroids can be particularly 
damaging to growing children and adolescents. These products are widely 
marketed as performance enhancers and are increasingly used, especially 
by young people.
  However, this act specifically excludes DHEA, another steroid hormone 
that is sold as a dietary supplement for performance enhancement as 
well as for rejuvenation. By specifically exempting DHEA we are sending 
a signal to the American public that DHEA is safe. This would be the 
wrong message. Once this legislation becomes law, we could see an 
increase in DHEA use, including among younger athletes, as the other 
products become less accessible.
  DHEA is a hormone precursor. It converts to Andro and then to 
testosterone and estrogen in the body. The National Institutes of 
Health has expressed its concern about dangerous side effects and the 
possibility of undiscovered health risks associated with DHEA. Even the 
dietary supplement industry itself recognizes the health concerns 
associated with this product. The Council for Responsible Nutrition 
(CRN) puts Andro, which this legislation makes a controlled substance 
and DHEA in the same category. CRN says that young people ``may be more 
susceptible than adults to adverse effects of steroid hormone 
precursors such as `andro' * * * and DHEA.'' Because of those safety 
concerns, CRN says that these products are inappropriate for use by 
athletes younger than 18.

  According to Gary Wadler, a member of the World Anti-Doping Agency 
panel and an NYU professor of medicine, medically, ``there is no reason 
to ban andro and not DHEA.'' The National Collegiate Athletic 
Association bans Andro and DHEA. The World Anti-Doping Agency bans 
Andro and DHEA. Only this legislation bans Andro but protects DHEA. 
This exclusion has no scientific basis, and does not belong in this 
legislation.
  Over 20 percent of athletes in Western nations have admitted to using 
drugs. Performance enhancing drugs should not be tolerated on any team 
in respect of fair play and because of the health risks associated with 
their use. When we watch games on television or from the stands, we 
should not have to ask ourselves, ``Is this the athlete's true ability, 
or just the drugs on display?'' Unfortunately, the illegal acts of a 
small number of players has caused the entire industry to suffer the 
burden of being subject to random drug testing. Random testing is a 
burden on players; however, given the tremendous amount of money at 
stake based upon physical performance and the degree to which young 
children look to athletes as role models, the benefits outweigh the 
burdens. A program of random drug tests, education, treatment, and 
discipline would cost an estimated $1 million annually. If such a 
program, along with effective legislation, like that before us today, 
were in place, there would be a decreased incidence of enhancement-drug 
related health risks such as heart disease, liver tumors, and edema 
(abnormal fluid accumulated in body tissues).

  The sad trend among athletes is that the majority of those who have 
only used steroids for one game to see if they could improve continue 
to use steroids for the remainder of their career. Since the drug 
controls were instituted in 1968, there have been 51 positive tests at 
the Olympic Games. At the summer games in Barcelona in 1992, five 
athletes failed their tests. Although President Bush has proposed an 
additional $23 million for schools that want to do drug tests, he did 
not call for any money or new laws to combat drugs in pro sports.
  In World War II, it is reported that anabolic steroids were given to 
Hitler's troops to increase their aggression. Russian athletes were the 
first to use anabolic steroids in official competitions, and in 1960's 
Olympic games, for the first time, the International Olympic Committee 
discovered the incidence of ``doping'' when a cyclist using amphetamine 
collapsed and died during a race.
  We need heightened legislative controls over things that take away 
from the integrity of our athletics and entertainment. Therefore, I 
fully support this legislation, but I admonish that we need to enhance 
its controls to cover steroid precursors such as DHEA.
  Mr. WAXMAN. Mr. Speaker, today we are voting on a bill that will 
limit access to most steroids. In principle, this is a good thing and, 
in general, I support this bill. However, this legislation is flawed. 
While it limits access for most steroids, it explicitly exempts a 
specific steroid precursor, DHEA, from the Anabolic Steroid Act, 
thereby reducing DEA's authority over this potentially dangerous 
product. Today there will be no opportunity to try to amend this 
legislation and make it better. That is unfortunate. Members could have 
benefited from a debate about whether we should, in fact, be protecting 
this particular product.
  Here is why I am concerned about the DHEA exemption. DHEA is a 
dietary supplement that is marketed as a performance enhancer as well 
as a rejuvenating product. DHEA is a hormone precursor. It converts to 
Andro, and then to testosterone and estrogen in the body. According to 
the NIH, there are concerns about dangerous side effects and the 
possibility of undiscovered health risks associated with these 
supplements. A recently published study found that athletes who 
take DHEA supplements might increase their risk of enlarged prostate. 
Even the dietary supplement industry itself recognizes the health 
concerns associated with this product. The Council for Responsible 
Nutrition (CRN) puts Andro, which this legislation makes a controlled 
substance, and DHEA in the same category. CRN says that young people 
``may be more susceptible than adults to adverse effects of steroid 
hormone precursors such as `andro' * * * and DHEA.'' Because of those 
safety concerns, CRN says that these products are inappropriate for use 
by athletes younger than 18.

  By specifically exempting DHEA we are sending a signal to the 
American public that DHEA is safe. This would be the wrong message. I 
suspect that once this legislation becomes law, we could see an 
increase in DHEA use, including among younger athletes, as the other 
products become less accessible.
  According to Gary Wadler, a member of the World Anti-Doping Agency 
panel and an NYU professor of medicine, medically, ``there is no reason 
to ban andro and not DHEA.'' The NCAA bans andro and DHEA. The World 
Anti-Doping Agency bans Andro and DHEA. Only this legislation bans 
andro but protects DHEA. This exclusion is not about the science. This 
is an exclusion that the dietary supplement industry insisted on and I 
fear that this exclusion could have real adverse health consequences 
for young athletes.
  I support this bill today because it represents an important step 
forward. But I am hopeful that this bill will be improved before we 
send it to the President.
  Mr. CONYERS. Mr. Speaker, I strongly support the legislative proposal 
under consideration today. Without a doubt, H.R. 3866, the ``Anabolic 
Steroid Control Act of 2004,'' represents a major step in the right 
direction.
  First, the bill highlights the serious nature of trafficking in 
steroid precursors by increasing the criminal penalties associated with 
their distribution, particularly near a sports facility. It's worth 
noting that this outcome was achieved without the use of mandatory 
minimums. Instead, the bill was drafted in such a way so as to leave 
sentencing determinations solely to the discretion of the judge--with 
the more egregious offenders being exposed to harsher sentences.
  Second, the bill amends the Anabolic Steroid Control Act of 1990 by 
adding steroid precursors such as androstenedione, ``andro'' and its 
chemical cousins to the list of anabolic steroids controlled under the 
Controlled Substances Act. It also makes it easier for the DEA to add 
similar substances to that list in the future.
  Scientific evidence shows that these performance-enhancing drugs 
create real and significant health risks. Potential long-term 
consequences of these products in men include impotence and the 
development of breast enlargement. While some women who use these 
products experience male pattern baldness, increased facial hair, and 
abnormal menstrual bleeding. And, most troubling of all, innocent 
children who are exposed to these products risk early onset of puberty 
and stunted growth.
  Finally, the bill directs the U.S. Sentencing Commission to review 
the Federal sentencing guidelines for crimes involving anabolic

[[Page H3665]]

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.
  Saving children is the ultimate goal of this legislation. About 1 out 
of 40 high-school seniors reported that they had used andro in the past 
year, according to the Department of Health and Human Services' (HHS) 
2002 Monitoring the Future survey, which tracks drug use among 
students. The survey, conducted by HHS's National Institute on Drug 
Abuse, also found that about 1 out of 50 10th graders had taken andro 
in the previous year.
  In closing, I would like to thank Chairman Sensenbrenner and 
Representatives Berman, Sweeney and Osborne for their bipartisan 
leadership on this issue. I strongly urge my colleagues to lend their 
support to this sensible piece of legislation.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield back the balance of my 
time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). The question is on the motion 
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the 
House suspend the rules and pass the bill, H.R. 3866, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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