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



108th Congress                                            Rept. 108-461
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2
======================================================================
 
                  ANABOLIC STEROID CONTROL ACT OF 2004

                                _______
                                

 April 27, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Barton of Texas, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3866]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Energy and Commerce, 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
Amendment........................................................     2
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
Statement of General Performance Goals and Objectives............     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Committee Cost Estimate..........................................     3
Congressional Budget Office Estimate.............................     3
Federal Mandates Statement.......................................     5
Advisory Committee Statement.....................................     5
Constitutional Authority Statement...............................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6
Additional Views.................................................     7

                               AMENDMENT

  The amendment (stated in terms of the provisions of the 
amendment in the nature of a substitute reported by the 
Committee on the Judiciary) is as follows:
  Strike section 5 and insert the following:

SEC. 5. REPORTING REQUIREMENT.

  Not later than 2 years after the date of the enactment of 
this Act, the Secretary of Health and Human Services, in 
consultation with the Attorney General, shall prepare and 
submit a report to the Judiciary Committee of the House and 
Senate, and to the Committee on Energy and Commerce of the 
House, evaluating the health risks associated with dietary 
supplements not scheduled under the amendments made by this Act 
which contain substances similar to those added to the list of 
controlled substances under those amendments. The report shall 
include recommendations on whether such substances should be 
regulated as anabolic steroids.

                          PURPOSE AND SUMMARY

    H.R. 3866 would add several new substances to the list of 
banned substances and provide increased penalties for any 
individual who traffics in steroids within 1,000 feet of an 
athletic facility. In addition, the legislation includes a 
requirement that the Department of Health and Human Services 
report back to the Committee on Energy and Commerce and the 
House and Senate Committees on the Judiciary within two years 
with recommendations regarding the need to add additional 
dangerous substances to the list.

                  BACKGROUND AND NEED FOR LEGISLATION

    The issue of anabolic steroid use has been an increasing 
problem in professional and amateur athletics. Since the 
passage of the Anabolic Steroids Control Act of 1990, the use 
of steroids has been banned in the United States. This law has 
been successful in acting as a deterrent to potential steroid 
users; however, some individuals have developed new products 
that react in a virtually identical manner once inside the 
human body. New products referred to as ``steroid precursors'' 
allow athletes to achieve the same performance enhancement as 
do anabolic steroids. Since steroid precursors provide the same 
result in the human body while posing an equal or greater 
health risk to the consumer, Congress sees the need to treat 
these products the same as anabolic steroids.

                                HEARINGS

    The Committee on Energy and Commerce has not held hearings 
on the legislation.

                        COMMITTEE CONSIDERATION

    On April 22, 2004, the Full Committee met in open markup 
session to consider H.R. 3866, as reported by the Committee on 
the Judiciary, and ordered H.R. 3866 favorably reported to the 
House, as amended, by voice vote.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken during consideration of H.R. 
3866. A motion by Mr. Barton to order H.R. 3866 reported to the 
House, as amended, was agreed to by a voice vote.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has not held oversight 
or legislative hearings on this legislation.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    H.R. 3866 adds several new substances to the list of banned 
substances and provides increased penalties for any individual 
who traffics in steroids within 1,000 feet of an athletic 
facility

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3866, the Anabolic Steroids Control Act of 2004, would result 
in no new or increased budget authority, entitlement authority, 
or tax expenditures or revenues.

                        COMMITTEE COST ESTIMATE

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                      U.S. Congress
                               Congressional Budget Office,
                                    Washington, DC, April 27, 2004.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost 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.
    On April 2, 2004, CBO prepared a cost estimate for H.R. 
3866, the Anabolic Steroid Control Act of 2004, as ordered 
reported by the House Committee on the Judiciary on March 31, 
2004. The two versions of the bill are very similar, and the 
cost estimates are identical.
    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.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    Section 1 designates the short title as the ``Anabolic 
Steroids Control Act of 2004.''

Section 2. Increased penalties for anabolic steroid offenses near 
        sports facilities

    Section 3 increases the maximum penalties for individuals 
that are manufacturing, distributing, or possessing an anabolic 
steroid, with intent to distribute, within 1,000 feet of a 
sports facility.

Section 3. Sentencing commission guidelines

    Section 3 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.

Section 4. Amendments to the controlled substances act

    Section 4 amends the list of anabolic steroids that are 
currently regulated under the Controlled Substances Act to 
include several new substances and makes changes to the 
authority and criteria for classification of such substances.

Section 5. Reporting requirement

    Section 5 directs the Secretary of Health and Human 
Services, in consultation with the Attorney General, to 
evaluate the health risks associated with substances that are 
not scheduled as controlled substances under H.R. 3866. The 
Secretary will then have two years to provide the Committee on 
Energy and Commerce, as well as the House and Senate Judiciary 
Committees, with recommendations as to whether other dangerous 
substances should be added to the list of banned substances.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    The bill was referred to this committee for consideration 
of such provisions of the bill and amendment as fall within the 
jurisdiction of this committee pursuant to clause 1(f) of rule 
X of the Rules of the House of Representatives. The changes 
made to existing law by the amendment reported by the Committee 
on the Judiciary are shown in the report filed by that 
committee (Rept. 108-461, Part 1).

                            ADDITIONAL VIEWS

    While we generally support the Anabolic Steroid Act, we are 
very concerned that it explicitly exempts a specific steroid 
precursor, DHEA. The effect of this exemption is to prevent the 
Drug Enforcement Agency (DEA) from taking action against DHEA 
as an anabolic steroid, no matter what evidence accumulates 
about its risks.
    The purpose of this legislation is to make it easier for 
DEA to restrict access to anabolic steroids, like 
Androstendione (Andro), that boost testosterone and estrogen 
levels in the body. This is important because these products 
can have serious health risks, including potentially toxic 
effects on the liver and cardiovascular system, damage to 
fertility, and psychiatric side-effects, according to the 
American Medical Association. Because of their effects on 
hormone levels, anabolic steroids can be particularly damaging 
to growing children and adolescents. These products are widely 
marketed as performance enhancers and are increasingly used, 
especially by young people.
    However, this act specifically excludes DHEA, another 
steroid hormone that is sold as a dietary supplement for 
performance enhancement as well as for rejuvenation. By 
specifically exempting DHEA we are sending a signal to the 
American public that DHEA is safe. This would be the wrong 
message. Once this legislation becomes law, we could see an 
increase in DHEA use, including among younger athletes, as the 
other products become less accessible.
    DHEA is a hormone precursor. It converts to Andro and then 
to testosterone and estrogen in the body. The National 
Institutes of Health has expressed its concern about dangerous 
side effects and the possibility of undiscovered health risks 
associated with DHEA. Even the dietary supplement industry 
itself recognizes the health concerns associated with this 
product. The Council for Responsible Nutrition (CRN) puts 
Andro, which this legislation makes a controlled substance, and 
DHEA in the same category. CRN says that young people ``may be 
more susceptible than adults to adverse effects of steroid 
hormone precursors such as `andro' * * * and DHEA.'' Because of 
those safety concerns, CRN says that these products are 
inappropriate for use by athletes younger than 18.
    According to Gary Wadler, a member of the World Anti-Doping 
Agency panel and an NYU professor of medicine, medically, 
``there is no reason to ban andro and not DHEA.'' The National 
Collegiate

Athletic Association bans Andro and DHEA. The World Anti-Doping 
Agency bans Andro and DHEA. Only this legislation bans andro 
but protects DHEA. This exclusion has no scientific basis, and 
does not belong in this legislation.

                                   Henry A. Waxman.
                                   John D. Dingell.
                                   Sherrod Brown.
                                   Lois Capps.

                                
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