29–006

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

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Additional Views ...................................................................................................... 00

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 

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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. 

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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.

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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 recVerDate jul 14 2003 05:14 Apr 30, 2004 Jkt 029006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR461P2.XXX HR461P2
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ommendations 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). 

(7)

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

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Athletic Association bans Andro and DHEA. The World AntiDoping 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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