[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
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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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