United States Statutes at Large, Volume 118, 108th Congress, 2nd Session

[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

118 STAT. 1661

Public Law 108-358
108th Congress

An Act


 
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. NOTE: Oct. 22,
2004 -  [S. 2195]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, NOTE: Anabolic Steroid
Control Act of 2004.

SECTION 1. SHORT TITLE. NOTE: 21 USC 801 note.

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);

[[Page 1662]]
118 STAT. 1662

``(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) {triangle}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);
``(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-{triangle}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--

[[Page 1663]]
118 STAT. 1663

``(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) NOTE: 21 USC 802
note. is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.


[[Page 1664]]
118 STAT. 1664

(d) NOTE: 21 USC 802 note. 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. NOTE: 28 USC 994 note.

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. NOTE: Grants. 42 USC 290bb-
25f.

(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 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. NOTE: 42
USC 290aa-4 note.

(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.


[[Page 1665]]
118 STAT. 1665

(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.

Approved October 22, 2004.

LEGISLATIVE HISTORY--S. 2195 (H.R. 3866):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-461, Pt. 1 (Comm. on the Judiciary) and Pt. 2
(Comm. on Energy and Commerce), both accompanying H.R. 3866.
CONGRESSIONAL RECORD, Vol. 150 (2004):
Oct. 6, considered and passed Senate.
Oct. 8, considered and passed House.