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Anabolic Steroid Control Act of 2004 (Referred to Senate Committee after being Received from House)

HR 3866 RFS

108th CONGRESS

2d Session

H. R. 3866

IN THE SENATE OF THE UNITED STATES

June 3, 2004

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To amend the Controlled Substances Act to provide increased penalties for anabolic steroid offenses near sports facilities, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Anabolic Steroid Control Act of 2004'.

SEC. 2. 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.

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 .

Passed the House of Representatives June 3, 2004.

Attest:

JEFF TRANDAHL,

Clerk.