IB 

Union Calendar No. 270

108TH CONGRESS 

2D SESSION H. R. 3866

[Report No. 108–461, Parts I and II] 

To amend the Controlled Substances Act to provide increased penalties for 

anabolic steroid offenses near sports facilities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2004

Mr. SENSENBRENNER (for himself, Mr. CONYERS, Mr. SWEENEY, Mr. 

OSBORNE, and Mr. BERMAN) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

APRIL 2, 2004

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

APRIL 2, 2004

Referral to the Committee on Energy and Commerce extended for a period 

ending not later than April 27, 2004

APRIL 27, 2004

Additional sponsors: Mr. SCOTT of Virginia, Mr. COBLE, Mr. STUPAK, Mr. 

MEEHAN, and Mr. CASTLE

APRIL 27, 2004

Reported from the Committee on Energy and Commerce with an amendment 
2

•HR 3866 RH 

[Strike out all after the enacting clause and insert sections 1 through 4 printed in italic and 

insert the part printed in boldface roman] 

[For text of introduced bill, see copy of bill as introduced on March 1, 2004] 

A BILL

To amend the Controlled Substances Act to provide increased 

penalties for anabolic steroid offenses near sports facilities, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Anabolic Steroid Control 

5 Act of 2004’’. 

6 SEC. 2. INCREASED PENALTIES FOR ANABOLIC STEROID 

7 OFFENSES NEAR SPORTS FACILITIES. 

8 (a) IN GENERAL.—Part D of the Controlled Substances 

9 Act is amended by adding at the end the following: 

10 ANABOLIC STEROID OFFENSES NEAR SPORTS FACILITIES

11 ‘‘SEC. 424. (a) Whoever violates section 401(a)(1) or 

12 section 416 by manufacturing, distributing, or possessing 

13 with intent to distribute, an anabolic steroid near or at a 

14 sports facility is subject to twice the maximum term of im15 prisonment, maximum fine, and maximum term of super16 vised release otherwise provided by section 401 for that of17 fense. 

18 ‘‘(b) As used in this section—
3

•HR 3866 RH 

1 ‘‘(1) the term ‘sports facility’ means real prop2 erty where athletic sports or athletic training takes 

3 place, if such property is privately owned for com4 mercial purposes or if such property is publicly 

5 owned, but does not include any real property de6 scribed in section 419; 

7 ‘‘(2) the term ‘near or at’ means in or on, or 

8 within 1000 feet of; and 

9 ‘‘(3) the term ‘possessing with intent to dis10 tribute’ means possessing with the intent to distribute 

11 near or at a sports facility.’’. 

12 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

13 contents for Comprehensive Drug Abuse Prevention and 

14 Control Act of 1970 is amended by inserting after the item 

15 relating to section 423 the following new item:

‘‘Sec. 424. Anabolic steroid offenses near sports facilities.’’.

16 SEC. 3. SENTENCING COMMISSION GUIDELINES. 

17 The United States Sentencing Commission shall—

18 (1) review the Federal sentencing guidelines with 

19 respect to offenses involving anabolic steroids; 

20 (2) consider amending the Federal sentencing 

21 guidelines to provide for increased penalties with re22 spect to offenses involving anabolic steroids in a man23 ner that reflects the seriousness of such offenses and 

24 the need to deter anabolic steroid use; and 
4

•HR 3866 RH 

1 (3) take such other action that the Commission 

2 considers necessary to carry out this section. 

3 SEC. 4. AMENDMENTS TO THE CONTROLLED SUBSTANCES 

4 ACT. 

5 (a) DEFINITIONS.—Section 102 of the Controlled Sub6 stances Act (21 U.S.C. 802) is amended—

7 (1) in paragraph (41)—

8 (A) by realigning the margin so as to align 

9 with paragraph (40); and 

10 (B) by striking subparagraph (A) and in11 serting the following: 

12 ‘‘(A) The term ‘anabolic steroid’ means any drug or 

13 hormonal substance, chemically and pharmacologically re14 lated to testosterone (other than estrogens, progestins, 

15 corticosteroids, and dehydroepiandrosterone), and in16 cludes—

17 ‘‘(i) androstanediol—

18 ‘‘(I) 3β,17β-dihydroxy-5α-androstane; and 

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

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

21 ‘‘(iii) androstenediol—

22 ‘‘(I) 1-androstenediol (3β,17β-dihydroxy23 5α-androst-1-ene); 

24 ‘‘(II) 1-androstenediol (3α,17β-dihydroxy25 5α-androst-1-ene); 
5

•HR 3866 RH 

1 ‘‘(III) 4-androstenediol (3β,17β-dihydroxy2 androst-4-ene); and 

3 ‘‘(IV) 5-androstenediol (3β,17β-dihydroxy4 androst-5-ene); 

5 ‘‘(iv) androstenedione—

6 ‘‘(I) 1-androstenedione ([5α]-androst-1-en7 3,17-dione); 

8 ‘‘(II) 4-androstenedione (androst-4-en-3,17-

9 dione); and 

10 ‘‘(III) 5-androstenedione (androst-5-en-3,17-

11 dione);

12 ‘‘(v) bolasterone (7α,17α-dimethyl-17β13 hydroxyandrost-4-en-3-one); 

14 ‘‘(vi) boldenone (17β-hydroxyandrost-1,4,-diene15 3-one); 

16 ‘‘(vii) calusterone (7β,17α-dimethyl-17β17 hydroxyandrost-4-en-3-one); 

18 ‘‘(viii) clostebol (4-chloro-17β-hydroxyandrost-4-

19 en-3-one); 

20 ‘‘(ix) dehydrochlormethyltestosterone (4-chloro21 17β-hydroxy-17α-methylandrost-1,4-dien-3-one); 

22 ‘‘(x) ∆1-dihydrotestosterone (also known as 1-tes23 tosterone) (17β-hydroxy-5α-androst-1-en-3-one); 

24 ‘‘(xi) 4-dihydrotestosterone (17β-hydroxy25 androstan-3-one); 
6

•HR 3866 RH 

1 ‘‘(xii) drostanolone (17β-hydroxy-2α-methyl-5α2 androstan-3-one); 

3 ‘‘(xiii) ethylestrenol (17α-ethyl-17β-hydroxyestr4 4-ene); 

5 ‘‘(xiv) fluoxymesterone (9-fluoro-17α-methyl6 11β,17β-dihydroxyandrost-4-en-3-one);

7 ‘‘(xv) formebolone (2-formyl-17α-methyl8 11α,17β-dihydroxyandrost-1,4-dien-3-one); 

9 ‘‘(xvi) furazabol (17α-methyl-17β10 hydroxyandrostano[2,3-c]-furazan); 

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

12 ‘‘(xviii) 4-hydroxytestosterone (4,17β-dihydroxy13 androst-4-en-3-one); 

14 ‘‘(xix) 4-hydroxy-19-nortestosterone (4,17β15 dihydroxy-estr-4-en-3-one); 

16 ‘‘(xx) mestanolone (17α-methyl-17β-hydroxy-5α17 androstan-3-one); 

18 ‘‘(xxi) mesterolone (1α-methyl-17β-hydroxy-[5α]-

19 androstan-3-one); 

20 ‘‘(xxii) methandienone (17α-methyl-17β21 hydroxyandrost-1,4-dien-3-one); 

22 ‘‘(xxiii) methandriol (17α-methyl-3β,17β23 dihydroxyandrost-5-ene); 

24 ‘‘(xxiv) methenolone (1-methyl-17β-hydroxy-5α25 androst-1-en-3-one); 
7

•HR 3866 RH 

1 ‘‘(xxv) methyltestosterone (17α-methyl-17β2 hydroxyandrost-4-en-3-one); 

3 ‘‘(xxvi) mibolerone (7α,17α-dimethyl-17β4 hydroxyestr-4-en-3-one); 

5 ‘‘(xxvii) 17α-methyl-∆1-dihydrotestosterone (17 

6 β-hydroxy-17α-methyl-5α-androst-1-en-3-one) (also 

7 known as ‘17-α-methyl-1-testosterone’); 

8 ‘‘(xxviii) nandrolone (17β-hydroxyestr-4-en-3-

9 one); 

10 ‘‘(xxix) norandrostenediol—

11 ‘‘(I) 19-nor-4-androstenediol (3β, 17β12 dihydroxyestr-4-ene); 

13 ‘‘(II) 19-nor-4-androstenediol (3α, 17β14 dihydroxyestr-4-ene); 

15 ‘‘(III) 19-nor-5-androstenediol (3β, 17β16 dihydroxyestr-5-ene); and 

17 ‘‘(IV) 19-nor-5-androstenediol (3α, 17β18 dihydroxyestr-5-ene); 

19 ‘‘(xxx) norandrostenedione—

20 ‘‘(I) 19-nor-4-androstenedione (estr-4-en21 3,17-dione); and 

22 ‘‘(II) 19-nor-5-androstenedione (estr-5-en23 3,17-dione); 

24 ‘‘(xxxi) norbolethone (13β,17α-diethyl-17β25 hydroxygon-4-en-3-one); 
8

•HR 3866 RH 

1 ‘‘(xxxii) norclostebol (4-chloro-17β-hydroxyestr-4-

2 en-3-one); 

3 ‘‘(xxxiii) norethandrolone (17α-ethyl-17β4 hydroxyestr-4-en-3-one); 

5 ‘‘(xxxiv) oxandrolone (17α-methyl-17β-hydroxy6 2-oxa-[5α]-androstan-3-one);

7 ‘‘(xxxv) oxymesterone (17α-methyl-4,17β8 dihydroxyandrost-4-en-3-one); 

9 ‘‘(xxxvi) oxymetholone (17α-methyl-2-

10 hydroxymethylene-17β-hydroxy-[5α]-androstan-3-

11 one); 

12 ‘‘(xxxvii) stanozolol (17α-methyl-17β-hydroxy13 [5α]-androst-2-eno[3,2-c]-pyrazole); 

14 ‘‘(xxxviii) stenbolone (17β-hydroxy-2-methyl15 [5α]-androst-1-en-3-one); 

16 ‘‘(xxxix) testolactone (13-hydroxy-3-oxo-13,17-

17 secoandrosta-1,4-dien-17-oic acid lactone); 

18 ‘‘(xl) testosterone (17β-hydroxyandrost-4-en-3-

19 one); 

20 ‘‘(xli) tetrahydrogestrinone (13β,17α-diethyl21 17β-hydroxygon-4,9,11-trien-3-one); 

22 ‘‘(xlii) trenbolone (17β-hydroxyestr-4,9,11-trien23 3-one); and 

24 ‘‘(xliii) any salt, ester, or ether of a drug or sub25 stance described in this paragraph;’’; and 
9

•HR 3866 RH 

1 (2) in paragraph (44), by inserting ‘‘anabolic 

2 steroids,’’ after ‘‘marihuana,’’. 

3 (b) AUTHORITY AND CRITERIA FOR CLASSIFICA4 TION.—Section 201(g) of the Controlled Substances Act (21 

5 U.S.C. 811(g)) is amended—

6 (1) in paragraph (1), by striking ‘‘substance 

7 from a schedule if such substance’’ and inserting 

8 ‘‘drug which contains a controlled substance from the 

9 application of titles II and III of the Comprehensive 

10 Drug Abuse Prevention and Control Act (21 U.S.C. 

11 802 et seq.) if such drug’’; and 

12 (2) in paragraph (3), by adding at the end the 

13 following: 

14 ‘‘(C) Upon the recommendation of the Secretary 

15 of Health and Human Services, a compound, mix16 ture, or preparation which contains any anabolic 

17 steroid, which is intended for administration to a 

18 human being or an animal, and which, because of its 

19 concentration, preparation, formulation or delivery 

20 system, does not present any significant potential for 

21 abuse.’’. 

22 (c) ANABOLIC STEROIDS CONTROL ACT.—Section 

23 1903 of the Anabolic Steroids Control Act of 1990 (Public 

24 Law 101–647; 21 U.S.C. 802 note) is amended—

25 (1) by striking subsection (a); and 
10

•HR 3866 RH 

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

2 subsections (a) and (b), respectively.

3 SEC. 5. REPORTING REQUIREMENT. 

4 Within 2 years of enactment of this Act, the Secretary 

5 of Health and Human Services, in consultation with the 

6 Attorney General, shall prepare a report to the Judiciary 

7 Committee of the House and Senate evaluating the health 

8 risks associated with dietary supplements not addressed in 

9 this legislation which contain substances similar to those 

10 added to the list of controlled substances under this legisla11 tion.

12 SEC. 5. REPORTING REQUIREMENT. 

13 Not later than 2 years after the date of the 

14 enactment of this Act, the Secretary of Health 

15 and Human Services, in consultation with the 

16 Attorney General, shall prepare and submit a 

17 report to the Judiciary Committee of the 

18 House and Senate, and to the Committee on 

19 Energy and Commerce of the House, evalu20 ating the health risks associated with dietary 

21 supplements not scheduled under the amend22 ments made by this Act which contain sub23 stances similar to those added to the list of 

24 controlled substances under those amend25 ments. The report shall include recommenda-
11

•HR 3866 RH 

1 tions on whether such substances should be 

2 regulated as anabolic steroids.
Union Calendar No. 270

108TH CONGRESS 

2D SESSION H. R. 3866

[Report No. 108–461, Parts I and II] 

A BILL

To amend the Controlled Substances Act to provide 

increased penalties for anabolic steroid offenses near sports facilities, and for other purposes. 

APRIL 27, 2004

Reported from the Committee on Energy and Commerce 

with an amendment