[Congressional Record Volume 153, Number 37 (Monday, March 5, 2007)]
[Senate]
[Pages S2629-S2630]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY (for himself, Mr. McCain, and Mr. Durbin):
  S. 762. A bill to include dehydroepiandrosterone as an anabolic 
steroid; to the Committee on the Judiciary.
  Mr. GRASSLEY. Mr. President. I rise today to introduce a bill that 
would further expand the definition of anabolic steroids under the 
Controlled Substances Act to include DHEA. I am pleased to be joined in 
this bi-partisan effort by my colleagues Senator McCain and Senator 
Durbin.
  Eight years ago, baseball fans everywhere were witness to history as 
Roger Maris' 37 year old single season record of 61 home-runs was 
finally broken. Mark McGwire and Sammy Sosa captivated the public as 
their chase for the home-run record unfolded in living rooms 
everywhere. Three years later, Barry Bonds of the San Francisco Giants 
set a new record when he hit an unthinkable 73 home-runs in just one 
season. Now, with another Major League Baseball season just around the 
corner, the 42 year old Barry Bonds is on the brink of breaking the all 
time home-run record held by the great Hank Aaron.
  A lot has changed since that historic 1998 season though. We now know 
that Mark McGwire had been taking an over the counter testosterone 
boosting supplement known as ``Andro'' at the time he broke the home-
run record. A few years later, an anonymous phone call sparked what has 
since become the largest doping scandal in professional sports history. 
The BALCO scandal as it is famously known today, has exposed numerous 
top athletes across a wide range of sports and continues to this day. 
In fact, just this week, we learned that investigators found evidence 
that testosterone and other performance enhancing drugs may have been 
illegally purchased over the internet by current and former Major 
League Baseball and NFL players, college athletes, high school coaches, 
a former Mr. Olympia champion, and another top contender in the body 
building competition.
  The publicity generated from these doping scandals even spurred 
Congress into action. In 2004, we passed legislation expanding the list 
from 23 to 59 anabolic steroids that are now regulated by the DEA, 
including ``Andro''. Legislation has also been introduced that would 
force Major League Baseball and other professional sports leagues, to 
strengthen their testing procedures and set new minimum penalties for 
any violations of the policy.
  While all this publicity has helped to raise public awareness about 
the dangers of illegal performance enhancing drugs, much work remains 
to be done. Some recent studies appear to indicate that the use of 
illegal steroids among adolescents is beginning to decline. While this 
is good news, an alarming number of young people are still turning to 
these dangerous drugs to improve performance, appearance, or their self 
image.
  Even more widespread however, is the use of over the counter 
supplements. Many young people turn to these ``supplements'' as an 
alternative to already illegal steroids, mistakenly believing that 
because they are sold over the counter, they must be safe. Yet, many of 
these over the counter ``supplements'' actually produce the same 
dangerous effects on the body as illegal steroids, some even become 
steroids in the blood stream.
  In the year following Mark McGwire's record breaking 70 home-run 
season, sales of andro surged by more than 1000 percent. In 2004, we 
took action to control sales of these dangerous drugs and protect the 
unsuspecting public. Yet as I speak today, one anabolic steroid remains 
on the shelves of health stores around the country. This potentially 
harmful steroid can be bought by anyone, at any age and without 
consulting a physician first.
  DHEA, is a steroid hormone that when ingested in the body, is 
converted into other more powerful steroid hormones including Andro and 
Testosterone. Both Andro and Testosterone are already controlled by the 
DEA under the Controlled Substances Act.
  DHEA like all other steroids, may cause a number of long-term 
physical and psychological effects. Women could experience facial hair 
growth, scalp hair loss, deepening of the voice, and increased girth. 
Men could experience increased blood pressure or breast enlargement. 
Unfortunately, side effects associated with hormones don't always 
appear right away. While these effects may be mild at low doses, 
according to many experts high levels of DHEA might promote liver 
damage and cancer of the breast or prostate over time. The truth is we 
know very little about DHEA's long term effects.
  In addition, because DHEA is marketed as a dietary supplement rather 
than a medicine, companies distributing DHEA products are not required 
to prove their safety and effectiveness to the Food and Drug 
Administration. Therefore, it is impossible to tell if these products 
are 100 percent pure or whether you are getting the same amount of DHEA 
the label claims. In fact, in 2000, the Good Housekeeping Research 
Group examined 8 popular DHEA products with ``antiaging'' claims and 
found that 5 of the 8 brands sent to an independent lab for testing, 
failed to accurately state the level of DHEA labeled on their product.
  While often cited as an anti-aging pill, some advertisements do 
specifically target athletes. Take for example this advertisement on 
www.bodybuilding.com:

       DHEA is HOT, and you will see why. As a pre-cursor hormone, 
     it leads to the production of other hormones. When this 
     compound

[[Page S2630]]

     is supplemented, it has shown to have awesome effects.

  Here is another advertisement found on AST Sports Sciences,

       If you're a bodybuilder, and want to increase lean body 
     mass at the expense of body fat, actual studies show this 
     supplement may significantly alter body composition, favoring 
     lean mass accrual.

  DHEA is already banned by the Olympics, the World Anti-Doping Agency, 
the National Collegiate Athletic Association, the National Football 
League, the National Basketball Association and minor league baseball, 
yet under current Federal law it enjoys special protections.
  In 2005, as Major League Baseball and their steroid policy were 
coming under increasingly heavy fire, the top medical advisor to the 
League turned the tables on us as lawmakers, referring to DHEA and 
accusing us of failing to write a zero tolerance steroids policy into 
Federal law.
  With that in mind, I am pleased to introduce this legislation today, 
which would put these potentially dangerous steroids behind the counter 
where they belong. We must make every effort to keep ALL steroids out 
of the hands of children and protect unsuspecting consumers. DHEA is 
not a food supplement, and should be treated as every other 
testosterone boosting substance in the steroid family.
  I encourage my colleagues to join in support of this legislation.
  I send the draft of this legislation to the desk and ask unanimous 
consent that the text of this bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. INCLUSION OF DEHYDROEPIANDROSTERONE.

       Section 102(41)(A) of the Controlled Substances Act (21 
     U.S.C. 802(41)(A)) is amended--
       (1) in the matter preceding clause (i), by striking 
     ``corticosteroids, and dehydroepiandrosterone'' and inserting 
     ``and corticosteroids'';
       (2) by redesignating clauses (x) through (xlx) as clauses 
     (xi) through (xlxi), respectively; and
       (3) by inserting after clause (ix) the following:
       ``(x) dehydroepiandrosterone (androst-5-en-3b-ol-17-
     one);''.
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