PUBLIC LAW 108–358—OCT. 22, 2004 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.

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. 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) 3β,17β-dihydroxy-5α-androstane; and

‘‘(II) 3α,17β-dihydroxy-5α-androstane;

‘‘(ii) androstanedione (5α-androstan-3,17-dione);

‘‘(iii) androstenediol—

‘‘(I) 1-androstenediol (3β,17β-dihydroxy-5α-androst-1-

ene);

‘‘(II) 1-androstenediol (3α,17β-dihydroxy-5α-androst-1-

ene);

‘‘(III) 4-androstenediol (3β,17β-dihydroxy-androst-4-

ene); and

‘‘(IV) 5-androstenediol (3β,17β-dihydroxy-androst-5-

ene);

‘‘(iv) androstenedione—

‘‘(I) 1-androstenedione ([5α]-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 (7α,17α-dimethyl-17β-hydroxyandrost-4-en3-one);

‘‘(vi) boldenone (17β-hydroxyandrost-1,4,-diene-3-one);

‘‘(vii) calusterone (7β,17α-dimethyl-17β-hydroxyandrost-4-

en-3-one);

21 USC 801 note.

Anabolic Steroid

Control Act of

2004.

Oct. 22, 2004

[S. 2195]

118 STAT. 1662 PUBLIC LAW 108–358—OCT. 22, 2004

‘‘(viii) clostebol (4-chloro-17β-hydroxyandrost-4-en-3-one);

‘‘(ix) dehydrochloromethyltestosterone (4-chloro-17β- hydroxy-17α-methyl-androst-1,4-dien-3-one);

‘‘(x) >1-dihydrotestosterone (a.k.a. ‘1-testosterone’) (17βhydroxy-5α-androst-1-en-3-one);

‘‘(xi) 4-dihydrotestosterone (17β-hydroxy-androstan-3-one);

‘‘(xii) drostanolone (17β-hydroxy-2α-methyl-5α-androstan-3-

one);

‘‘(xiii) ethylestrenol (17α-ethyl-17β-hydroxyestr-4-ene);

‘‘(xiv) fluoxymesterone (9-fluoro-17α-methyl-11β,17βdihydroxyandrost-4-en-3-one);

‘‘(xv) formebolone (2-formyl-17α-methyl-11α,17βdihydroxyandrost-1,4-dien-3-one);

‘‘(xvi) furazabol (17α-methyl-17β-hydroxyandrostano[2,3-c]-

furazan);

‘‘(xvii) 13β-ethyl-17α-hydroxygon-4-en-3-one;

‘‘(xviii) 4-hydroxytestosterone (4,17β-dihydroxy-androst-4-

en-3-one);

‘‘(xix) 4-hydroxy-19-nortestosterone (4,17β-dihydroxy-estr-4-

en-3-one);

‘‘(xx) mestanolone (17α-methyl-17β-hydroxy-5α-androstan3-one);

‘‘(xxi) mesterolone (1α-methyl-17β-hydroxy-[5α]-androstan3-one);

‘‘(xxii) methandienone (17α-methyl-17β-hydroxyandrost-1,4-

dien-3-one);

‘‘(xxiii) methandriol (17α-methyl-3β,17β-dihydroxyandrost5-ene);

‘‘(xxiv) methenolone (1-methyl-17β-hydroxy-5α-androst-1-

en-3-one);

‘‘(xxv) 17α-methyl-3β, 17β-dihydroxy-5α-androstane;

‘‘(xxvi) 17α-methyl-3α,17β-dihydroxy-5α-androstane;

‘‘(xxvii) 17α-methyl-3β,17β-dihydroxyandrost-4-ene.

‘‘(xxviii) 17α-methyl-4-hydroxynandrolone (17α-methyl-4-

hydroxy-17β-hydroxyestr-4-en-3-one);

‘‘(xxix) methyldienolone (17α-methyl-17β-hydroxyestra4,9(10)-dien-3-one);

‘‘(xxx) methyltrienolone (17α-methyl-17β-hydroxyestra-4,9-

11-trien-3-one);

‘‘(xxxi) methyltestosterone (17α-methyl-17βhydroxyandrost-4-en-3-one);

‘‘(xxxii) mibolerone (7α,17α-dimethyl-17β-hydroxyestr-4-en3-one);

‘‘(xxxiii) 17α-methyl->1-dihydrotestosterone (17β-hydroxy17α-methyl-5α-androst-1-en-3-one) (a.k.a. ‘17-α-methyl-1-testosterone’);

‘‘(xxxiv) nandrolone (17β-hydroxyestr-4-en-3-one);

‘‘(xxxv) norandrostenediol—

‘‘(I) 19-nor-4-androstenediol (3β, 17β-dihydroxyestr-4-

ene);

‘‘(II) 19-nor-4-androstenediol (3α, 17β-dihydroxyestr-4-

ene);

‘‘(III) 19-nor-5-androstenediol (3β, 17β-dihydroxyestr5-ene); and

‘‘(IV) 19-nor-5-androstenediol (3α, 17β-dihydroxyestr5-ene);

‘‘(xxxvi) norandrostenedione—

PUBLIC LAW 108–358—OCT. 22, 2004 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 (13β,17α-diethyl-17β-hydroxygon-4-

en-3-one);

‘‘(xxxviii) norclostebol (4-chloro-17β-hydroxyestr-4-en-3-

one);

‘‘(xxxix) norethandrolone (17α-ethyl-17β-hydroxyestr-4-en3-one);

‘‘(xl) normethandrolone (17α-methyl-17β-hydroxyestr-4-en3-one);

‘‘(xli) oxandrolone (17α-methyl-17β-hydroxy-2-oxa-[5α]-

androstan-3-one);

‘‘(xlii) oxymesterone (17α-methyl-4,17β-dihydroxyandrost-4-

en-3-one);

‘‘(xliii) oxymetholone (17α-methyl-2-hydroxymethylene-17βhydroxy-[5α]-androstan-3-one);

‘‘(xliv) stanozolol (17α-methyl-17α-hydroxy-[5α]-androst-2-

eno[3,2-c]-pyrazole);

‘‘(xlv) stenbolone (17β-hydroxy-2-methyl-[5α]-androst-1-en3-one);

‘‘(xlvi) testolactone (13-hydroxy-3-oxo-13,17-secoandrosta1,4-dien-17-oic acid lactone);

‘‘(xlvii) testosterone (17β-hydroxyandrost-4-en-3-one);

‘‘(xlviii) tetrahydrogestrinone (13β,17α-diethyl-17βhydroxygon-4,9,11-trien-3-one);

‘‘(xlix) trenbolone (17β-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) is

amended—

(1) by striking subsection (a); and

(2) by redesignating subsections (b) and (c) as subsections

(a) and (b), respectively.

21 USC 802 note.

118 STAT. 1664 PUBLIC LAW 108–358—OCT. 22, 2004

(d) 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.

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.

(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.

(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.

42 USC

290aa–4 note.

Grants.

42 USC

290bb–25f.

28 USC 994 note.

21 USC 802 note.

PUBLIC LAW 108–358—OCT. 22, 2004 118 STAT. 1665

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.

Æ

(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.