[House Report 108-461]
[From the U.S. Government Publishing Office]



108th Congress                                            Rept. 108-461
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================



 
                  ANABOLIC STEROID CONTROL ACT OF 2004

                                _______
                                

                 April 2, 2004.--Ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3866]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred 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, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     4
Background and Need for the Legislation..........................     4
Hearings.........................................................     6
Committee Consideration..........................................     6
Vote of the Committee............................................     6
Committee Oversight Findings.....................................     6
New Budget Authority and Tax Expenditures........................     6
Congressional Budget Office Cost Estimate........................     6
Performance Goals and Objectives.................................     8
Constitutional Authority Statement...............................     8
Section-by-Section Analysis and Discussion.......................     8
Changes in Existing Law Made by the Bill, as Reported............     9
Markup Transcript................................................    14

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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
                  ``(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.

  Within 2 years of enactment of this Act, the Secretary of Health and 
Human Services, in consultation with the Attorney General, shall 
prepare a report to the Judiciary Committee of the House and Senate 
evaluating the health risks associated with dietary supplements not 
addressed in this legislation which contain substances similar to those 
added to the list of controlled substances under this legislation.

                          Purpose and Summary

    H.R. 3866, the ``Anabolic Steroid Control Act of 2004,'' 
will help to prevent the abuse of steroids by professional 
athletes. It 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.\1\ Many athletic organizations conduct testing for 
steroids, but the illegal use of these substances continues to 
be a problem among professional athletes.
---------------------------------------------------------------------------
    \1\ Pub. L. No. 101-647.
---------------------------------------------------------------------------
    Additionally, since the ban of these particular products, 
some individuals have developed new substances that have the 
same effects on the body as anabolic steroids but are not 
banned substances. These ``steroid precursors'' are as 
dangerous to the body as those banned under the original act. 
Many health organizations as well as several athletic 
organizations believe that the list of banned substances should 
be updated to include such substances.
    The legislation would add several new substances to the 
list of banned substances and provide increased penalties (up 
to twice the current maximum term of imprisonment, maximum 
fine, or maximum term of supervised release) for any individual 
who traffics in steroids within 1,000 feet of an athletic 
facility. Additionally, the legislation was amended by the 
Subcommittee on Crime, Terrorism, and Homeland Security to 
include a requirement that the Department of Health and Human 
Services and the Department of Justice report to the House and 
Senate Committees on the Judiciary within 2 years regarding the 
need to add additional dangerous substances to the list.

                Background and Need for the Legislation

    Anabolic-androgenic steroids are man-made substances 
related to male sex hormones. ``Anabolic'' refers to muscle-
building, and ``androgenic'' refers to increased masculine 
characteristics. ``Steroids'' refers to the class of drugs. 
There are more than 100 types of these drugs, which are legally 
available only by prescription, to treat conditions that occur 
when the body produces abnormally low amounts of testosterone, 
such as delayed puberty and some types of impotence. They are 
also prescribed to treat body wasting in patients with AIDS and 
other diseases that result in the loss of lean muscle mass. 
Abuse of anabolic steroids, however, can lead to serious health 
problems, some of which are irreversible. This bill adds 
steroid precursors to the list of controlled substances based 
on medical evidence that, once ingested, these products have 
the same effect on the body as many of the steroids that are 
currently prohibited for use without a prescription.
    Today, athletes and others abuse anabolic steroids to 
enhance performance and also to improve physical appearance. 
Anabolic steroids are taken orally or injected, typically in 
cycles of weeks or months (referred to as ``cycling''), rather 
than continuously. Cycling involves taking multiple doses of 
steroids over a specific period of time, stopping for a period, 
and starting again. In addition, users often combine several 
different types of steroids to maximize their effectiveness 
while minimizing negative effects (referred to as 
``stacking'').
    Some of the consequences of long-term use of steroids 
include aggression, extreme mood swings, liver tumors, liver 
cancer, kidney tumors, jaundice, heart attacks, high blood 
pressure, high cholesterol, severe acne, and trembling. Other 
side effects may be gender specific such as breast development 
in men, reduced sperm count, infertility, increased risk of 
prostate cancer, male-pattern baldness in women, changes in, or 
cessation of, the menstrual cycle, facial hair growth or 
deepening of the voice in women. In addition, those who inject 
steroids, as opposed to oral ingestion or topical use, run the 
risk of contracting or transmitting HIV or hepatitis.
    In a recent high profile case, the United States Department 
of Justice charged four individuals in the San Francisco area 
with conspiring to distribute anabolic steroids and other 
performance enhancing drugs to dozens of athletes from Major 
League Baseball, the National Football League, and track and 
field. The criminals are getting smarter about how to evade the 
law either by marketing prohibited steroids as ``nutritional 
supplements,'' manufacturing steroids in clandestine labs, or 
developing new products that have the effects of steroids but 
are currently not on the list of controlled substances.
    Even more problematic than the use of these substances 
among professional athletes is the message their use sends to 
our young athletes, particularly adolescent males. In addition 
to the other effects outlined above, adolescents who take 
steroids may face premature skeletal maturation and accelerated 
puberty changes which may result in stunted growth. The 
National Institute on Drug Abuse at the National Institute of 
Health annually assesses drug use among the nation's 8th, 10th, 
and 12th grade students. Rates for anabolic steroid use in the 
past year remained stable at under 1.5 percent for students in 
8th, 10th, and 12th grades in the early 1990s, then started to 
rise.
    Peak rates of past year use occurred in 2002 for 12th-
graders (2.5 percent), in 2000 and 2002 for 10th-graders (2.2 
percent), and in 1999 and 2000 for 8th-graders (1.7 percent). 
In 2003, steroid use by 10th-graders declined significantly to 
1.7 percent. The rate among 12th-graders, 2.1 percent, was also 
down from 2002, but not significantly. Among 8th-graders, 1.4 
percent reported steroid use in the past year. Although these 
numbers show a decline, they are still above the rates of use 
in the 1990s. Most anabolic steroids users are male, and among 
male students, past year use of these substances was reported 
by 1.8 percent of 8th-graders, 2.3 percent of 10th-graders, and 
3.2 percent of 12th-graders in 2003.
    H.R. 3866, the ``Anabolic Steroid Control Act of 2004,'' 
was introduced by Representatives Sensenbrenner, Conyers, 
Sweeney, Osborne, and Berman on March 1, 2004. The bill serves 
as the House counterpart to S. 2195, bipartisan legislation 
introduced by Senators Biden and Hatch and endorsed by a broad 
cross-section of groups representing the medical and sports 
communities, including the National Football League, Major 
League Baseball, the U.S. Anti-Doping Agency, the American 
Medical Association, and the Major League Baseball Players 
Association.
    Many of these same groups have weighed in on H.R. 3866 as 
well. In fact, in describing their position on this issue, the 
Major League Baseball Players Association has stated, ``. . . 
if Congress chooses to expand the definition of Schedule III 
anabolic steroids in order to cover certain steroid precursors, 
we would not only support such a decision but also would 
automatically expand our testing program, jointly administered 
with the clubs, to cover such substances.''

                                Hearings

    This legislation was introduced by Representatives 
Sensenbrenner, Conyers, Sweeney, Osborne, and Berman on March 
1, 2004, and referred primarily to the Committee on the 
Judiciary and secondarily to the Committee on Energy and 
Commerce.
    On March 16, 2004, the Subcommittee on Crime, Terrorism, 
and Homeland Security held a legislative hearing on H.R. 3866. 
Witnesses for the hearing were Representative John Sweeney, 
representing the 20th District of New York; Joseph Rannazzisi, 
Deputy Director of the Office of Diversion Control of the Drug 
Enforcement Agency; Dr. Ralph Hale, from the Coalition for 
Anabolic Steroid Precursor and Ephedra Regulation, on behalf of 
the United States Anti-Doping Agency; and Robert Hazelton, a 
former boxer and steroid user.

                        Committee Consideration

    On March 30, 2004, the Subcommittee on Crime, Terrorism, 
and Homeland Security met in open session and ordered favorably 
reported the bill H.R. 3866, with an amendment to the full 
Committee on the Judiciary by a voice vote, a quorum being 
present. On March 31, 2004, the Committee met in open session 
and ordered favorably reported the bill H.R. 3866 with an 
amendment, by a voice vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the Committee consideration of 
H.R. 3866.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3866, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                                     April 2, 2004.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost of estimate for H.R 3866, the 
Anabolic Steroid Control Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 3866--Anabolic Steroid Control Act of 2004

    CBO estimates that implementing H.R. 3866 would cost less 
than $500,000 annually from appropriated funds for the 
Department of Health and Human Services (HHS) to prepare a 
report on the health risks associated with certain dietary 
supplements. Enactment of the bill could affect direct spending 
and receipts, but CBO estimates that any such effects would not 
be significant.
    H.R. 3866 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would not affect 
the budgets of state, local, or tribal governments. H.R. 3866 
would impose a private-sector mandate, as defined by UMRA, by 
adding about two dozen new substances to the list of anabolic 
steroid controlled substances. Under the bill, manufacturing 
and distributing of those substances would be regulated by the 
Controlled Substances Act. The direct cost of the mandate would 
be the amount manufacturers and distributors would incur to 
comply with the laws and regulations for registration and 
distribution of a controlled substance. Based on information 
from government sources, CBO expects that the direct cost of 
the mandate would fall below the annual threshold established 
by UMRA for private-sector mandates ($120 million in 2004, 
adjusted annually for inflation).
    H.R. 3866 would expand the list of anabolic steroids 
regulated by the Drug Enforcement Administration (DEA) to 
include about two dozen new substances. The bill would increase 
the maximum penalties, including imprisonment and fines, for 
the possession or distribution of steroids within 1,000 feet of 
a sports facility.
    Implementing H.R. 3866 would enable the federal government 
to pursue cases involving unauthorized use of steroids that it 
otherwise would not be able to prosecute. Based on information 
from the DEA, CBO expects that any increase in federal costs 
for law enforcement, court proceedings, or prison operations 
would not be significant because of the relatively small number 
of additional cases likely to be involved. Any such additional 
costs would be subject to the availability of appropriated 
funds.
    Because those prosecuted and convicted under H.R. 3866 
could be subject to criminal fines, the federal government 
might collect additional fines if the bill is enacted. 
Collections of such fines are recorded in the budget as 
governmental receipts (revenues) which are deposited in the 
Crime Victims Fund and later spent. CBO expects that any 
additional receipts and direct spending would not be 
significant because of the small number of cases likely to be 
affected.
    The CBO staff contacts for this estimate are Mark Grabowicz 
(for federal costs) and Paige Piper/Bach (for the impact on the 
private sector). This estimate was approved by Peter H. 
Fontaine, Deputy Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    H.R. 3866 does not authorize funding. Therefore, clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives is inapplicable.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

               Section-by-Section Analysis and Discussion


Section 1. Short Title

    The title of the legislation is the ``Anabolic Steroid 
Control Act of 2004.''

Section 2. Increased Penalties for Anabolic Steroid Offenses Near 
        Sports Facilities

    This section allows an individual to be sentenced to up to 
twice the current maximum penalties for manufacturing, 
distributing, or possessing with intent to distribute an 
anabolic steroid if such action is taken within 1000 feet of a 
sports facility.
    This section is intended to serve as a deterrent to those 
who wish to traffic in these substances. Individuals who 
participate in sports activities are the most vulnerable to 
steroid traffickers, and traffickers know where to find these 
individuals. Recent cases as well as testimony from witnesses 
has suggested a link between sports training facilities and 
steroid use. Additionally, because of the statistics compiled 
by the National Institute on Drug Abuse regarding use of 
steroids by middle school and high school children, the 
Committee is concerned about the availability of these 
substances at or near places where children gather to play 
sports. The definition of ``sports facility'' is intended to be 
broadly interpreted to include property privately owned for 
commercial purposes such as health clubs or publicly owned such 
as a recreational softball field to address both of these 
concerns.

Section 3. Sentencing Commission Guidelines

    This section requires the Sentencing Commission to review 
the Federal sentencing guidelines for offenses involving 
anabolic steroids and consider amending the guidelines to 
reflect the serious nature of anabolic steroid offenses. The 
Committee believes that these are dangerous substances and the 
current penalties may not adequately reflect the danger.

Section 4. Amendments to the Controlled Substances Act

    This section updates the list of anabolic steroids that are 
regulated under the Controlled Substances Act to include 
several new substances and makes changes to the authority and 
criteria for classification of such substances.
    The substances which have been added to this list have been 
determined by the Department of Health and Human Services, the 
Department of Justice, several health organizations, and 
several professional, amateur and Olympic athletic 
organizations to be the precursors most dangerous to human 
health. Many of these substances are widely available in over 
the counter vitamin supplement products despite the fact that 
when ingested they have the same effects on the human body as 
steroids that are currently on the list of controlled 
substances.

Section 5. Reporting Requirements

    The Committee's amendment added section 5 which requires 
the Secretary of Health and Human Services and the Attorney 
General to report to Congress in 2 years on the health risks of 
other similar substances.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

      COMPREHENSIVE DRUG ABUSE PREVENTION AND CONTROL ACT OF 1970


                           table of contents


                   title ii--control and enforcement


       Part A--Short Title; Findings and Declaration; Definitions

Sec. 100. Short title.
Sec. 101. Findings and declarations.
     * * * * * * *

                     Part D--Offenses and Penalties

Sec. 401. Prohibited acts A--penalties.
     * * * * * * *
Sec. 424. Anabolic steroid offenses near sports facilities.
     * * * * * * *

                   TITLE II--CONTROL AND ENFORCEMENT

       Part A--Short Title; Findings and Declaration; Definitions

                              short title

  Sec. 100. This title may be cited as the ``Controlled 
Substances Act''.

           *       *       *       *       *       *       *


                              definitions

  Sec. 102. As used in this title:
  (1) * * *

           *       *       *       *       *       *       *

  (41)[(A) The term ``anabolic steroid'' means any drug or 
hormonal substance, chemically and pharmacologically related to 
testosterone (other than estrogens, progestins, and 
corticosteroids) that promotes muscle growth, and includes--
                  [(i) boldenone,
                  [(ii) chlorotestosterone,
                  [(iii) clostebol,
                  [(iv) dehydrochlormethyltestosterone,
                  [(v) dihydrotestosterone,
                  [(vi) drostanolone,
                  [(vii) ethylestrenol,
                  [(viii) fluoxymesterone,
                  [(ix) formebulone,
                  [(x) mesterolone,
                  [(xi) methandienone,
                  [(xii) methandranone,
                  [(xiii) methandriol,
                  [(xiv) methandrostenolone,
                  [(xv) methenolone,
                  [(xvi) methyltestosterone,
                  [(xvii) mibolerone,
                  [(xviii) nandrolone,
                  [(xix) norethandrolone,
                  [(xx) oxandrolone,
                  [(xxi) oxymesterone,
                  [(xxii) oxymetholone,
                  [(xxiii) stanolone,
                  [(xxiv) stanozolol,
                  [(xxv) testolactone,
                  [(xxvi) testosterone,
                  [(xxvii) trenbolone, and
                  [(xxviii) any salt, ester, or isomer of a 
                drug or substance described or listed in this 
                paragraph, if that salt, ester, or isomer 
                promotes muscle growth.]
  (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) 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;
  (B)(i) Except as provided in clause (ii), such term does not 
include an anabolic steroid which is expressly intended for 
administration through implants to cattle or other nonhuman 
species and which has been approved by the Secretary of Health 
and Human Services for such administration.
  (ii) If any person prescribes, dispenses, or distributes such 
steroid for human use, such person shall be considered to have 
prescribed, dispensed, or distributed an anabolic steroid 
within the meaning of subparagraph (A).

           *       *       *       *       *       *       *

  (44) The term ``felony drug offense'' means an offense that 
is punishable by imprisonment for more than one year under any 
law of the United States or of a State or foreign country that 
prohibits or restricts conduct relating to narcotic drugs, 
marihuana, anabolic steroids, or depressant or stimulant 
substances.

           *       *       *       *       *       *       *


         Part B--Authority To Control; Standards and Schedules

        authority and criteria for classification of substances

  Sec. 201. (a) * * *

           *       *       *       *       *       *       *

  (g)(1) The Attorney General shall by regulation exclude any 
nonnarcotic [substance from a schedule if such substance] 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 may, under 
the Federal Food, Drug, and Cosmetic Act, be lawfully sold over 
the counter without a prescription.

           *       *       *       *       *       *       *

  (3) The Attorney General may, by regulation, exempt any 
compound, mixture, or preparation containing a controlled 
substance from the application of all or any part of this title 
if he finds such compound, mixture, or preparation meets the 
requirements of one of the following categories:
          (A) * * *

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *


Part D--Offenses and Penalties

           *       *       *       *       *       *       *


            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.

           *       *       *       *       *       *       *

                              ----------                              


       SECTION 1903 OF THE ANABOLIC STEROIDS CONTROL ACT OF 1990

SEC. 1903. REGULATIONS BY ATTORNEY GENERAL.

  [(a) Abuse Potential.--The Attorney General, upon the 
recommendation of the Secretary of Health and Human Services, 
may, by regulation, exempt any compound, mixture, or 
preparation containing a substance in paragraph (41) of section 
102 of the Controlled Substances Act (as added by section 2 of 
this Act) from the application of all or any part of the 
Controlled Substances Act if, because of its concentration, 
preparation, mixture or delivery system, it has no significant 
potential for abuse.]
  [(b)] (a) Drugs for Treatment of Rare Diseases.--If the 
Attorney General finds that a drug listed in paragraph (41) of 
section 102 of the Controlled Substances Act (as added by 
section 2 of this Act) is--
          (1) * * *

           *       *       *       *       *       *       *

  [(c)] (b) Date of Issuance of Regulations.--The Attorney 
General shall issue regulations implementing this section not 
later than 45 days after the date of enactment of this Act, 
except that the regulations required under section 3(a) shall 
be issued not later than 180 days after the date of enactment 
of this Act.

                           Markup Transcript



                            BUSINESS MEETING

                       WEDNESDAY, MARCH 31, 2004

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:00 a.m., in 
Room 2141 Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    Chairman Sensenbrenner.. The Committee will be in order. A 
working quorum is present. The only item on the agenda today is 
H.R. 3866, the ``Anabolic Steroid Control Act of 2004.'' The 
Chair recognizes the gentleman from North Carolina, Mr. Coble, 
the Chairman of the Subcommittee on Crime, Terrorism, and 
Homeland Security for a motion.
    Mr. Coble. Mr. Chairman, the Subcommittee on Crime, 
Terrorism, and Homeland Security reports favorably the bill 
H.R. 3866 with a single amendment in the nature of a substitute 
and moves its favorable recommendation to the full House.
    [The bill, H.R. 3866, follows:]
      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


      
      

  


    Chairman Sensenbrenner. Without objection, the bill will be 
considered as read and open for amendment at any point, and the 
Subcommittee amendment in the nature of a substitute which the 
Members have before them will be considered as read and 
considered as the original text for purposes of amendment and 
open for amendment at any point.
    The Chair recognizes himself to strike the last word.
    Performance-enhancing drugs continue to plague athletics 
and professional sports. Not only are anabolic steroids 
prevalent in some professional sports, the steroids are also 
being used by high school students. Since steroids were banned 
under the Control Act of 1990, many new substances have been 
developed that have essentially the same effect on the body as 
anabolic steroids. These drugs are commonly referred to as 
steroid precursors. This bill, which I introduced with Mr. 
Conyers, amends the Controlled Substances Act by updating the 
list to include precursors and providing increased penalties 
for trafficking in anabolic steroids and precursors near sports 
facilities.
    During his State of the Union address this year the 
President said, ``the use of the performance-enhancing drugs 
like steroids in baseball, football, and other sports is 
dangerous, and it sends the wrong message that there are 
shortcuts to accomplishment, and that performance is more 
important than character.''
    The problem of steroid abuse in professional sports 
continues to receive a great deal of media attention. Reports 
of widespread abuse in professional sports, specifically 
baseball, have fueled this attention. A few weeks ago in the 
San Francisco area, DOJ charged four individuals with 
conspiring to distribute anabolic steroids and other 
performance-enhancing drugs to dozens of athletes in major 
league baseball, the NFL, and track and field.
    On March 16, the Subcommittee held a hearing on this bill 
and the hearing highlighted the prevalence of steroids in 
professional sports as well as the adverse health effects these 
drugs have. There have been numerous studies citing side 
effects associated with steroid use. Long-term consequences of 
steroid use include liver disorders, high blood pressure, and 
extreme mood swings. Other side effects found in women are male 
pattern baldness, cessation of menstrual cycle, and facial hair 
growth. Men can experience infertility and male breast 
development.
    Sadly, the use of these drugs is glamorized by professional 
athletes. The message that adolescents receive is that the use 
of performance-enhancing drugs is necessary to compete and 
should be used regardless of the health effects. The evidence 
suggests that even middle-school students have not been immune 
to the perils of steroid use. Adolescents are at risk of the 
side effects outlined above as well as premature skeletal 
maturation and accelerated puberty changes which may result in 
stunted growth.
    The National Institute on Drug Abuse estimated in 2003 that 
1.4 percent of eighth-graders, 1.7 percent of tenth-graders, 
and 2.1 percent of twelfth-graders have taken anabolic steroids 
at least once in their lives. Although this is a slight 
decrease from the previous year, the use of steroids among 
adolescents has significantly increased since the early 1990's. 
The trend is alarming but it is even more disturbing that many 
precursor steroids are just as dangerous but are not yet 
illegal, leaving the impression that they are safe methods of 
enhancing performance. This legislation will add these drugs to 
the controlled substance list, making it more difficult for 
adults and adolescents to obtain them.
    I urge my colleagues to support this important bipartisan 
legislation and at this time am prepared to recognize either 
Mr. Conyers or Mr. Scott. Who wants to give the Democratic 
statement?
    Mr. Conyers. I will share with Mr. Scott.
    Chairman Sensenbrenner. The gentleman from Michigan is 
recognized for two-and-a-half minutes.
    Mr. Conyers. I yield to the distinguished Ranking 
Subcommittee Member.
    Mr. Scott. Thank you, Mr. Chairman. I am pleased to join 
you in support of the Anabolic Steroid Control Act of 2004. 
This legislation updates the ban on anabolic steroids to 
include several steroid precursors that have been developed 
since the 1990 ban on anabolic steroids. These precursors have 
been shown to cause the same reaction to the body as anabolic 
steroids and they are just as dangerous in terms of side 
effects and long-term care damage. Currently they are not 
illegal. They are widely used by athletes and others seeking to 
enhance muscle and body development, and these drugs are now 
showing up over-the-counter and in the nutrition and dietary 
supplements.
    Of course, the driving concern of the bill is the impact on 
children. Some are athletes using the drugs with the belief 
that they will become great in their sport and gain money and 
fame. But in addition to risking disqualification from playing 
sports, they also risk many of the health problems that the 
Chairman has indicated. Many of these drugs and precursors 
could be legitimately made available by prescription by 
physicians to treat conditions such as body wasting in patients 
with AIDS and other diseases that result in loss of lean muscle 
mass.
    So Mr. Chairman, I am pleased to join this effort to get 
these drugs out of the category of easy access so that they can 
be both controlled and be available for appropriate medical 
use. I yield back to the gentleman from Michigan.
    Mr. Conyers. Thank you very much.
    I just wanted to be able to identify this particular 
steroid precursor androstenedione. You can write that down, if 
you would like. What we are saying here, Mr. Chairman, the 
eight of us with special commendations to yourself and our 
colleague John Sweeney of New York, is that the precursors have 
now been found medically to be as dangerous as the steroids 
themselves. And that unless you start dealing with the 
statistic that Chairman Sensenbrenner issued, which is 
controlling for me, one out of 40 high school seniors have 
reported that they have used a precursor during 2002, and that 
one out of 50 tenth-graders, almost as bad, have used them in 
the previous year.
    So we have got a big problem on our hands. It is becoming 
commonplace and it is about time that our sports leaders take 
some kind of control about this thing. It is really not a good 
day in America when you need the United States Congress to tell 
the kids that we have got to criminalize this thing because 
most of the people in sports are turning their head the other 
way. I think that is the worst thing that makes us have to do 
what we are doing here today.
    I thank the Chairman.
    Chairman Sensenbrenner. Without objection, all Members' 
opening statements will be placed in the record at this point.
    [The prepared statement of Mr. Conyers follows:]

Prepared Statement of the Honorable John Conyers, Jr., a Representative 
 in Congress From the State of Michigan, and Ranking Member, Committee 
                            on the Judiciary

    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 
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 one 
out of forty 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 one out of fifty 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.

    Are there amendments?
    Mr. Scott. Mr. Chairman, I have a unanimous consent 
request.
    Chairman Sensenbrenner. The gentleman from Virginia.
    Mr. Scott. I have three letters, one from the National 
Football League, Major League Baseball Players Association, and 
the American Medical Association in support of the legislation. 
I would ask unanimous----
    Chairman Sensenbrenner. Without objection, the letters will 
be placed in the record.
    [The information referred to follows:]
    
    
    Are there amendments?
    Mr. Coble. Mr. Chairman.
    Chairman Sensenbrenner. The gentleman from North Carolina.
    Mr. Coble. Mr. Chairman, move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Coble. Mr. Chairman, you and the Ranking Member and Mr. 
Scott have pretty adequately covered the pertinent points. I 
just would weigh in regarding the hearing that was conducted 
before our Subcommittee. A former professional heavyweight 
boxer was one of the witnesses and he has lost both legs as a 
result--both legs had to be amputated as a result of his having 
become involved with steroids. That was a very moving, 
emotionally-charged testimony. He shared with us the fact that 
he, to this day, visits schools in an ongoing way trying to 
educate these kids to avoid steroids.
    But Mr. Conyers touched on this, we live in an era now 
where the theme is, make your big bucks and make it quickly, 
and the way to do that is to become muscularly-enhanced as a 
result of steroids. If they had seen this boxer I think they 
would think twice before they did it. This is long overdue, Mr. 
Chairman, and I commend you and the Ranking Member, and Mr. 
Sweeney and others for having promoted it and I yield back.
    Chairman Sensenbrenner. Are there amendments?
    Mr. Watt. Mr. Chairman.
    Chairman Sensenbrenner. The gentleman from North Carolina.
    Mr. Watt. I move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Watt. I do so not in opposition to the bill but simply 
to ask whoever might be able to answer the question, either the 
Chair of the full Committee or the Ranking Member of the 
Subcommittee. The rationale for the maximum, the two times the 
penalty for this offense near or at a sports facility, that 
seems to me to be something that would seem to be arbitrary, 
unless there is some rationale for it. I am just trying to 
figure out how you got to----
    Chairman Sensenbrenner. Would the gentleman yield?
    Mr. Watt. Yes, I am happy to yield.
    Chairman Sensenbrenner. I thank the gentleman for yielding.
    I think that the rationale behind this is deterrence 
similar to the deterrence that was established with drug-free 
schools, where the penalties are enhanced for those who are 
trafficking in drugs close to schools.
    Mr. Scott. Will the gentleman yield?
    Mr. Watt. I am happy to yield to the gentleman.
    Mr. Scott. I would say to the gentleman that the penalties 
go to the Sentencing Commission. Although the maximums have 
been enhanced, they go to the Sentencing Commission to make 
sure that the actually imposed penalties are appropriately 
proportional.
    Chairman Sensenbrenner. Will the gentleman yield further?
    Mr. Watt. Yes.
    Chairman Sensenbrenner. I would like to emphasize that this 
is not a mandatory minimum sentence.
    Mr. Watt. I am not questioning whether it is a mandatory 
minimum sentence, although I would like to know whether the 
term on line 12, page one, subject to twice the maximum term 
is, in effect, subject to up to twice the maximum term or 
whether it is subject to--I mean, does it require a two times 
the maximum term as it would be if it were not so near a sports 
facility? I will yield to the gentleman from Virginia.
    Mr. Scott. I would say that I think the legislative intent 
is up to, but on page two, it is sent to the Sentencing 
Commission to review and make the appropriate findings.
    Mr. Watt. But am I incorrect in saying that there are 
currently penalties in place, even before the Sentencing 
Commission acts? So the question is whether it would be double 
that penalty or whether it would be up to double that penalty 
in the discretion of the judge.
    Chairman Sensenbrenner. Will the gentleman yield?
    Mr. Watt. I yield to the Chairman.
    Chairman Sensenbrenner. It is up to double the penalties. 
So if the penalty is up to 3 years and this bill is adopted, 
then the penalty will be up to 6 years.
    Mr. Watt. All right, with that legislative record I think 
that--I probably would read it that way anyway but--and I take 
it the rationale for this is that there is evidence in the 
record that these kinds of crimes are more likely to happen at 
or near a sports facility?
    I guess my concern is that we can do things rationally or 
we can do things based on a sound bite. Is there some evidence 
in the record at the hearing--I am not on the Subcommittee--
that this is more prevalent at or near sports facilities?
    Mr. Coble. If the gentleman would yield?
    Mr. Watt. I am happy to yield.
    Mr. Coble. I say to my friend from North Carolina, that was 
my reading as a result of the hearing, that it was more likely 
to occur near a sports facility.
    Chairman Sensenbrenner. Will the gentleman yield further?
    Mr. Watt. Yes, sir.
    Chairman Sensenbrenner. This is a tool for--it is a 
rational sound bite. [Laughter.]
    Mr. Watt. All right, if it is rational I am okay with it. 
If it is just a sound bite, I think we legislate too much by 
sound bite in this body. I would at least like to go on the 
record as saying that I am in favor of the rational policy if 
there is rationality to it. But if we are just doing this, 
legislating by sound bite, I really think----
    Mr. Coble. Would the gentleman yield one more time for me?
    Mr. Watt. I am happy to yield.
    Mr. Coble. Mr. Watt, I will be very brief. I think that if 
we pass this, hopefully it will be less likely to occur in the 
vicinity of these sports facilities.
    Mr. Watt. I will yield back, Mr. Chairman.
    Chairman Sensenbrenner. The gentleman's time has expired.
    Are there amendments?
    Ms. Jackson Lee. Mr. Chairman.
    Chairman Sensenbrenner. The gentlewoman from Texas.
    Mr. Jackson Lee. I thank the Chairman. May I follow the 
line of reasoning of Mr. Watt on----
    Chairman Sensenbrenner. The gentlewoman strikes the last 
word and is recognized for 5 minutes.
    Ms. Jackson Lee. I thank the distinguished Chairman. Just a 
clarification on this sentencing aspect where it says subject 
to twice the maximum. I am understanding that the Chairman's 
interpretation, maybe the Chairman of the Subcommittee as well, 
is up to twice the maximum. Are we to rely upon the legislative 
history and the discussion we have had this morning, or is it 
appropriate to include the word, is subject to up to twice the 
maximum term of imprisonment?
    Chairman Sensenbrenner. Will the gentlewoman yield?
    Ms. Jackson Lee. I would be happy to yield.
    Chairman Sensenbrenner. That is exactly the way the drug-
free school zone statute reads, and it does give the Sentencing 
Commission the appropriate instruction to make guidelines, but 
it is not a mandatory sentence. It is up to twice the maximum 
if it was away from a sports facility, and that would be up to 
the sentencing judge.
    Ms. Jackson Lee. And that precedent is by the previous use 
of the language that it has been utilized that the judges had 
discretion?
    Chairman Sensenbrenner. That is correct, and it is 
identical to the doubling of the maximum sentence, or the 
ceiling of the maximum sentence for sale of drugs in a drug-
free school zone.
    Ms. Jackson Lee. If I can reclaim my time. If Committee 
discussion has any relevance to add to the legislative history, 
let me then just say that I would like to be sure that there is 
discretion up to twice the maximum term, even though this is a 
horrible result in terms of the use of these steroids, and I 
would like to make sure that it is in the record that the 
interpretation is that it is up to twice the maximum term based 
on previous legislative interpretation.
    I thank the Chairman. I yield back.
    Chairman Sensenbrenner. Are there amendments?
    If there are no amendments, the Chair notes the presence of 
a reporting quorum. Without objection, the Subcommittee 
amendment in the nature of a substitute laid down as the base 
text is adopted.
    The question occurs on the motion to report the bill H.R. 
3866 favorably as amended. All those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have been it. The 
motion to report favorably is adopted.
    Without objection, the bill will be reported favorably to 
the House in the form of a single amendment in the nature of a 
substitute incorporating the amendment adopted here today.
    Without objection, the Chairman is authorized to move to go 
to conference pursuant to House rules.
    Without objection, the staff is directed to make any 
technical and conforming changes, and all Members will be given 
2 days as provided by House rules in which to submit additional 
dissenting, supplemental or minority views.
    This concludes the business on the agenda today. The Chair 
thanks the Members for their participation and attendance and 
the Committee stands adjourned.
    [Whereupon, at 10:31 a.m., the Committee was adjourned.]

                                
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