[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.
____________________