[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[Senate]
[Pages S10606-S10609]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  ANABOLIC STEROID CONTROL ACT OF 2004

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 750, S. 2195.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2195) 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:
  [Strike the part shown in black brackets and insert the part in 
italic.]

                                S. 2195

       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. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.

       [(a) Definitions.--Section 102 of the Controlled Substances 
     Act (21 U.S.C. 802) is amended--
       [(1) in paragraph (41)--
       [(A) by realigning the margin so as to align with paragraph 
     (40); and
       [(B) by striking subparagraph (A) and inserting the 
     following:
       [``(A) The term `anabolic steroid' means any drug or 
     hormonal substance, chemically and pharmacologically related 
     to testosterone (other than estrogens, progestins, 
     corticosteroids, and dehydroepiandrosterone), and includes--
       [``(i) androstanediol--
       [``(I) 3b,17b-dihydroxy-5a-androstane; and
       [``(II) 3a,17b-dihydroxy-5a-androstane;
       [``(ii) androstanedione (5a-androstan-3,17-dione);
       [``(iii) androstenediol--
       [``(I) 1-androstenediol (3b,17b-dihydroxy-5a-androst-1-
     ene);
       [``(II) 1-androstenediol (3a,17b-dihydroxy-5a-androst-1-
     ene);
       [``(III) 4-androstenediol (3b,17b-dihydroxy-androst-4-ene); 
     and
       [``(IV) 5-androstenediol (3b,17b-dihydroxy-androst-5-ene);
       [``(iv) androstenedione--
       [``(I) 1-androstenedione ([5a]-androst-1-en-3,17-dione);
       [``(II) 4-androstenedione (androst-4-en-3,17-dione); and
       [``(III) 5-androstenedione (androst-5-en-3,17-dione);
       [``(v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-4-
     en-3-one);

[[Page S10607]]

       [``(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) dehydrochloromethyltestosterone (4-chloro-17b-
     hydroxy-17a-methyl-androst-1,4-dien-3-one);
       [``(x) 1-dihydrotestosterone (a.k.a. `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-17a-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-1-dihydrotestosterone (17b-
     hydroxy-17a-methyl-5a-androst-1-en-3-one) (a.k.a. `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) 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 trafficking and 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 2005 through 2010.

     [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 2005 through 2010.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Anabolic Steroid Control Act 
     of 2004''.

     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); and
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) The term `anabolic steroid' means any drug or 
     hormonal substance, chemically and pharmacologically related 
     to testosterone (other than estrogens, progestins, 
     corticosteroids, and dehydroepiandrosterone), and includes--
       ``(i) androstanediol--
       ``(I) 3b,17b-dihydroxy-5a-androstane; and
       ``(II) 3a,17b-dihydroxy-5a-androstane;
       ``(ii) androstanedione (5a-androstan-3,17-dione);
       ``(iii) androstenediol--
       ``(I) 1-androstenediol (3b,17b-dihydroxy-5a-androst-1-ene);
       ``(II) 1-androstenediol (3a,17b-dihydroxy-5a-androst-1-
     ene);
       ``(III) 4-androstenediol (3b,17b-dihydroxy-androst-4-ene); 
     and
       ``(IV) 5-androstenediol (3b,17b-dihydroxy-androst-5-ene);
       ``(iv) androstenedione--
       ``(I) 1-androstenedione ([5a]-androst-1-en-3,17-dione);
       ``(II) 4-androstenedione (androst-4-en-3,17-dione); and
       ``(III) 5-androstenedione (androst-5-en-3,17-dione);
       ``(v) bolasterone (7a,17a-dimethyl-17b-hydroxyandrost-4-en-
     3-one);
       ``(vi) boldenone (17b-hydroxyandrost-1,4,-diene-3-one);
       ``(vii) calusterone (7b,17a-dimethyl-17b-hydroxyandrost-4-
     en-3-one);
       ``(viii) clostebol (4-chloro-17b-hydroxyandrost-4-en-3-
     one);
       ``(ix) dehydrochloromethyltestosterone (4-chloro-17b-
     hydroxy-17a-methyl-androst-1,4-dien-3-one);
       ``(x) 1-dihydrotestosterone (a.k.a. `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) 13b-ethyl-17a-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);

[[Page S10608]]

       ``(xxiii) methandriol (17a-methyl-3b,17b-dihydroxyandrost-
     5-ene);
       ``(xxiv) methenolone (1-methyl-17b-hydroxy-5a-androst-1-en-
     3-one);
       ``(xxv) 17a-methyl-3b, 17b-dihydroxy-5a-androstane;
       ``(xxvi) 17a-methyl-3a,17b-dihydroxy-5a-androstane;
       ``(xxvii) 17a-methyl-3b,17b-dihydroxyandrost-4-ene.
       ``(xxviii) 17a-methyl-4-hydroxynandrolone (17a-methyl-4-
     hydroxy-17b-hydroxyestr-4-en-3-one);
       ``(xxix) methyldienolone (17a-methyl-17b-hydroxyestra-
     4,9(10)-dien-3-one);
       ``(xxx) methyltrienolone (17a-methyl-17b-hydroxyestra-4,9-
     11-trien-3-one);
       ``(xxxi) methyltestosterone (17a-methyl-17b-hydroxyandrost-
     4-en-3-one);
       ``(xxxii) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-
     3-one);
       ``(xxxiii) 17a-methyl-1-dihydrotestosterone (17b-
     hydroxy-17a-methyl-5a-androst-1-en-3-one) (a.k.a. `17-a-
     methyl-1-testosterone');
       ``(xxxiv) nandrolone (17b-hydroxyestr-4-en-3-one);
       ``(xxxv) 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);
       ``(xxxvi) norandrostenedione--
       ``(I) 19-nor-4-androstenedione (estr-4-en-3,17-dione); and
       ``(II) 19-nor-5-androstenedione (estr-5-en-3,17-dione;
       ``(xxxvii) norbolethone (13b,17a-diethyl-17b-hydroxygon-4-
     en-3-one);
       ``(xxxviii) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-
     one);
       ``(xxxix) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-
     3-one);
       ``(xl) normethandrolone (17a-methyl-17b-hydroxyestr-4-en-3-
     one);
       ``(xli) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]-
     androstan-3-one);
       ``(xlii) oxymesterone (17a-methyl-4,17b-dihydroxyandrost-4-
     en-3-one);
       ``(xliii) oxymetholone (17a-methyl-2-hydroxymethylene-17b-
     hydroxy-[5a]-androstan-3-one);
       ``(xliv) stanozolol (17a-methyl-17a-hydroxy-[5a]-androst-2-
     eno[3,2-c]-pyrazole);
       ``(xlv) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-1-en-
     3-one);
       ``(xlvi) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-
     1,4-dien-17-oic acid lactone);
       ``(xlvii) testosterone (17b-hydroxyandrost-4-en-3-one);
       ``(xlviii) tetrahydrogestrinone (13b,17a-diethyl-17b-
     hydroxygon-4,9,11-trien-3-one);
       ``(xlix) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one); 
     and
       ``(xlx) any salt, ester, or ether of a drug or substance 
     described in this paragraph.
     The substances excluded under this subparagraph may at any 
     time be scheduled by the Attorney General in accordance with 
     the authority and requirements of subsections (a) through (c) 
     of section 201.''; 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.
       (d) Effective Date.--The amendments made by this section 
     shall take effect 90 days after the date of enactment of this 
     Act.

     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 trafficking and 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 2005 through 2010.

     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 2005 through 2010.


                          dietary supplements

  Mr. BIDEN. The purpose of S. 2195, The Anabolic Steroid Control Act 
of 2004, is to address the abuse of steroids by athletes and, 
especially, by youngsters and teenagers. Some substances marketed as 
dietary supplements, such as androstenedione, will be anabolic steroids 
under this bill. That means that they will be regulated as controlled 
substances and not as dietary supplements. As such, there will be 
significant controls on their distribution and use, including 
substantial criminal penalties.
  Mr. DURBIN. Will the Senator yield for a question?
  Mr. BIDEN. I will.
  Mr. DURBIN. I would like to commend the senior Senator from Delaware 
and the chairman of the Judiciary Committee, the senior Senator from 
Utah, for their leadership on this important legislation. I would also 
like to ask the distinguished Senator from Delaware to elaborate on how 
this bill affects DHEA, a hormone precursor that is sometimes marketed 
as a dietary supplement.
  Mr. BIDEN. I thank the senior Senator from Illinois for his question, 
and for working with us to clarify this issue in the bill. We do not 
intend this bill to stop the use of substances that are legitimately 
marketed as dietary supplements, or to limit access to substances that 
are not abused as steroids by athletes or children. With respect to 
DHEA, this legislation does not make it a controlled substance, and the 
legislation should mean that legitimate users of DHEA would continue to 
have access to it if it is lawfully marketed.
  Mr. HATCH. Will the Senator yield?
  Mr. BIDEN. I will.
  Mr. HATCH. I too would like to thank the senior Senator from Illinois 
for working with the senior Senator from Delaware and with me on this 
legislation. I would also like to clarify, however, that the 
legislation does provide that, if the Drug Enforcement Administration 
should find that DHEA is being abused by athletes, by youngsters, or by 
teenagers, DEA can schedule it as a controlled substance.
  Mr. KENNEDY. Will the Senator yield for a question?
  Mr. HATCH. I will.
  Mr. KENNEDY. I commend the senior Senator from Utah, as well as the 
senior Senator from Delaware, for their leadership on this legislation, 
and for working with me and the senior Senator from Illinois to address 
the issue of DHEA. Could the Senator explain to me how the Drug 
Enforcement Administration would go about scheduling DHEA?
  Mr. HATCH. Certainly. The legislation clarifies that DEA may schedule 
DHEA by applying the standards in section 201 of the Controlled 
Substances Act, including the standard eight factors listed in section 
201(c) of that Act.
  Mr. DURBIN. Will the distinguished Senator yield for a question?
  Mr. HATCH. I will.
  Mr. DURBIN. Will the Senator please explain whether the Drug 
Enforcement Administration will need to consider that DHEA meets each 
of the eight factors in section 201(c) to schedule it?
  Mr. HATCH. The DEA need not find that DHEA meets each of the eight 
factors before it can be scheduled. For example, if DEA considers that 
DHEA

[[Page S10609]]

has no or minimal psychic or physiological dependence liability, DEA 
may nonetheless schedule DHEA if DEA concludes, after consideration of 
the facts and relative importance of other of the factors such as the 
actual or relative potential for abuse; the history and current pattern 
of abuse; or the scope, duration, and significance of abuse, that it 
should be scheduled. Karen P. Tandy, the administrator of the DEA, has 
written me a letter stating that the presence of each of the eight 
factors is not a mandatory prerequisite to scheduling. I ask unanimous 
consent that the letter dated May 20, 2004, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                       U.S. Department of Justice,


                              Drug Enforcement Administration,

                                     Washington, DC, May 20, 2004.
     Hon. Orrin G. Hatch,
     Chairman, Committee on the Judiciary,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: I am writing to respond to questions 
     your staff posed regarding consideration of certain statutory 
     factors incident to scheduling substances under the 
     Controlled Substances Act.
       The relevant statutory provision, 21 U.S.C. Sec. 811(c), 
     requires consideration of eight specific factors as one of 
     the prerequisites to whether a substance should be scheduled. 
     The presence of each individual factor or specific findings 
     with respect to each individual factor are not a mandatory 
     prerequisite to scheduling. These statutory factors are: (1) 
     The drug's actual or relative potential for abuse; (2) 
     Scientific evidence of the drug's pharmacological effects; 
     (3) The state of current scientific knowledge regarding the 
     subject; (4) Its history and current pattern of abuse; (5) 
     The scope, duration, and significance of abuse; (6) What, if 
     any, risk there is to the public health; (7) The drug's 
     psychic or physiological dependence liability and; (8) 
     Whether a substance is an immediate precursor of a substance 
     already controlled.
       You should be aware that evaluation of these eight factors 
     is not solely determinative and is part of a more extensive 
     scheduling process. The entire process for scheduling 
     substances to which these eight factors apply includes: 
     consideration of additional statutory criteria relevant to 
     each specific schedule [21 U.S.C. Sec. 811(b)]; an evaluation 
     and recommendation by the Secretary of Health and Human 
     Services; and then a formal rulemaking.
       I appreciate the opportunity to clarify this matter, and 
     please let me know if I may answer any further questions.
           Sincerely,
                                                   Karen P. Tandy,
                                                    Administrator.

  Mr. KENNEDY. Will my good friend from Utah yield for a further 
question?
  Mr. HATCH. Certainly.
  Mr. KENNEDY. If DHEA becomes an abuse problem by athletes or by 
youngsters or teenagers, and DEA fails to act, can the Senator assure 
me and the senior Senator from Illinois that the Judiciary Committee 
will act accordingly?
  Mr. HATCH. Yes, I am committed to stepping in to change the law to 
protect the public health if abuse of DHEA by athletes or by youngsters 
or teenagers is a problem and DEA fails to take effective action with 
the authority we have given it. I must add for the record that at the 
present time I am not aware of sufficient evidence of DHEA abuse among 
athletes or young people to warrant it being categorized as an anabolic 
steroid at this time.
  Mr. BIDEN. Will the Senator yield?
  Mr. HATCH. Yes.
  Mr. BIDEN. I, too, am committed to acting whenever any substance, 
whether it is DHEA or another steroid substance, becomes an abuse 
problem.
  Mr. McCONNELL. I ask unanimous consent that the technical amendment 
at the desk be agreed to; the committee-reported amendment, as amended, 
be agreed to; the bill, as amended, be read a third time and passed, 
the motions to reconsider be laid upon the table en bloc, and that any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3982) was agreed to, as follows:

       In section 4(c) in the matter proposed to be inserted, 
     strike ``primarily''.

  The committee amendment, in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 2195), as amended, was read the third time and passed.

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