108TH CONGRESS

2D SESSION H. R. 3866

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Anabolic Steroid Con3 trol Act of 2004’’.

4 SEC. 2. INCREASED PENALTIES FOR ANABOLIC STEROID

5 OFFENSES NEAR SPORTS FACILITIES.

6 (a) IN GENERAL.—Part D of the Controlled Sub7 stances Act is amended by adding at the end the following:

8 ANABOLIC STEROID OFFENSES NEAR SPORTS FACILITIES

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

10 section 416 by manufacturing, distributing, or possessing

11 with intent to distribute, an anabolic steroid near or at

12 a sports facility is subject to twice the maximum term of

13 imprisonment, maximum fine, and maximum term of su14 pervised release otherwise provided by section 401 for that

15 offense.

16 ‘‘(b) As used in this section—

17 ‘‘(1) the term ‘sports facility’ means real prop18 erty where athletic sports or athletic training takes

19 place, if such property is privately owned for com20 mercial purposes or if such property is publicly

21 owned, but does not include any real property de22 scribed in section 419;

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

24 within 1000 feet of; and
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1 ‘‘(3) the term ‘possessing with intent to dis2 tribute’ means possessing with the intent to dis3 tribute near or at a sports facility.’’.

4 (b) TABLE OF CONTENTS AMENDMENT.—The table

5 of contents for Comprehensive Drug Abuse Prevention

6 and Control Act of 1970 is amended by inserting after

7 the item relating to section 423 the following new item:

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

8 SEC. 3. SENTENCING COMMISSION GUIDELINES.

9 The United States Sentencing Commission shall—

10 (1) review the Federal sentencing guidelines

11 with respect to offenses involving anabolic steroids;

12 (2) consider amending the Federal sentencing

13 guidelines to provide for increased penalties with re14 spect to offenses involving anabolic steroids in a

15 manner that reflects the seriousness of such offenses

16 and the need to deter anabolic steroid use; and

17 (3) take such other action that the Commission

18 considers necessary to carry out this section.

19 SEC. 4. AMENDMENTS TO THE CONTROLLED SUBSTANCES

20 ACT.

21 (a) DEFINITIONS.—Section 102 of the Controlled

22 Substances Act (21 U.S.C. 802) is amended—

23 (1) in paragraph (41)—

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

25 with paragraph (40); and
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1 (B) by striking subparagraph (A) and in2 serting the following:

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

4 hormonal substance, chemically and pharmacologically re5 lated to testosterone (other than estrogens, progestins,

6 corticosteroids, and dehydroepiandrosterone), and

7 includes—

8 ‘‘(i) androstanediol—

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

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

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

12 dione);

13 ‘‘(iii) androstenediol—

14 ‘‘(I) 1-androstenediol (3β,17β-dihydroxy15 5α-androst-1-ene);

16 ‘‘(II) 1-androstenediol (3α,17β-dihydroxy17 5α-androst-1-ene);

18 ‘‘(III) 4-androstenediol (3β,17β-dihydroxy19 androst-4-ene); and

20 ‘‘(IV) 5-androstenediol (3β,17β-dihydroxy21 androst-5-ene);

22 ‘‘(iv) androstenedione—

23 ‘‘(I) 1-androstenedione ([5α]-androst-1-en24 3,17-dione);
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1 ‘‘(II) 4-androstenedione (androst-4-en2 3,17-dione); and

3 ‘‘(III) 5-androstenedione (androst-5-en4 3,17-dione);

5 ‘‘(v) bolasterone (7α,17α-dimethyl-17β6 hydroxyandrost-4-en-3-one);

7 ‘‘(vi) boldenone (17β-hydroxyandrost-1,4,-diene8 3-one);

9 ‘‘(vii) calusterone (7β,17α-dimethyl-17β10 hydroxyandrost-4-en-3-one);

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

12 en-3-one);

13 ‘‘(ix) dehydrochlormethyltestosterone (4-chloro14 17β-hydroxy-17α-methylandrost-1,4-dien-3-one);

15 ‘‘(x) ∆1-dihydrotestosterone (also known as 1-

16 testosterone) (17β-hydroxy-5α-androst-1-en-3-one);

17 ‘‘(xi) 4-dihydrotestosterone (17β-hydroxy18 androstan-3-one);

19 ‘‘(xii) drostanolone (17β-hydroxy-2α-methyl-5α20 androstan-3-one);

21 ‘‘(xiii) ethylestrenol (17α-ethyl-17β-hydroxyestr22 4-ene);

23 ‘‘(xiv) fluoxymesterone (9-fluoro-17α-methyl24 11β,17β-dihydroxyandrost-4-en-3-one);
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1 ‘‘(xv) formebolone (2-formyl-17α-methyl2 11α,17β-dihydroxyandrost-1,4-dien-3-one);

3 ‘‘(xvi) furazabol (17α-methyl-17β4 hydroxyandrostano[2,3-c]-furazan);

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

6 ‘‘(xviii) 4-hydroxytestosterone (4,17β-dihydroxy7 androst-4-en-3-one);

8 ‘‘(xix) 4-hydroxy-19-nortestosterone (4,17β9 dihydroxy-estr-4-en-3-one);

10 ‘‘(xx) mestanolone (17α-methyl-17β-hydroxy11 5α-androstan-3-one);

12 ‘‘(xxi) mesterolone (1α-methyl-17β-hydroxy13 [5α]-androstan-3-one);

14 ‘‘(xxii) methandienone (17α-methyl-17β15 hydroxyandrost-1,4-dien-3-one);

16 ‘‘(xxiii) methandriol (17α-methyl-3β,17β17 dihydroxyandrost-5-ene);

18 ‘‘(xxiv) methenolone (1-methyl-17β-hydroxy-5α19 androst-1-en-3-one);

20 ‘‘(xxv) methyltestosterone (17α-methyl-17β21 hydroxyandrost-4-en-3-one);

22 ‘‘(xxvi) mibolerone (7α,17α-dimethyl-17β23 hydroxyestr-4-en-3-one);
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1 ‘‘(xxvii) 17α-methyl-∆1-dihydrotestosterone (17

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

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

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

5 one);

6 ‘‘(xxix) norandrostenediol—

7 ‘‘(I) 19-nor-4-androstenediol (3β, 17β8 dihydroxyestr-4-ene);

9 ‘‘(II) 19-nor-4-androstenediol (3α, 17β10 dihydroxyestr-4-ene);

11 ‘‘(III) 19-nor-5-androstenediol (3β, 17β12 dihydroxyestr-5-ene); and

13 ‘‘(IV) 19-nor-5-androstenediol (3α, 17β14 dihydroxyestr-5-ene);

15 ‘‘(xxx) norandrostenedione—

16 ‘‘(I) 19-nor-4-androstenedione (estr-4-en17 3,17-dione); and

18 ‘‘(II) 19-nor-5-androstenedione (estr-5-en19 3,17-dione);

20 ‘‘(xxxi) norbolethone (13β,17α-diethyl-17β21 hydroxygon-4-en-3-one);

22 ‘‘(xxxii) norclostebol (4-chloro-17β-hydroxyestr23 4-en-3-one);

24 ‘‘(xxxiii) norethandrolone (17α-ethyl-17β25 hydroxyestr-4-en-3-one);
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1 ‘‘(xxxiv) oxandrolone (17α-methyl-17β-hydroxy2 2-oxa-[5α]-androstan-3-one);

3 ‘‘(xxxv) oxymesterone (17α-methyl-4,17β4 dihydroxyandrost-4-en-3-one);

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

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

7 one);

8 ‘‘(xxxvii) stanozolol (17α-methyl-17β-hydroxy9 [5α]-androst-2-eno[3,2-c]-pyrazole);

10 ‘‘(xxxviii) stenbolone (17β-hydroxy-2-methyl11 [5α]-androst-1-en-3-one);

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

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

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

15 one);

16 ‘‘(xli) tetrahydrogestrinone (13β,17α-diethyl17 17β-hydroxygon-4,9,11-trien-3-one);

18 ‘‘(xlii) trenbolone (17β-hydroxyestr-4,9,11-trien19 3-one); and

20 ‘‘(xliii) any salt, ester, or ether of a drug or

21 substance described in this paragraph;’’; and

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

23 steroids,’’ after ‘‘marihuana,’’.
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1 (b) AUTHORITY AND CRITERIA FOR CLASSIFICA2 TION.—Section 201(g) of the Controlled Substances Act

3 (21 U.S.C. 811(g)) is amended—

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

5 from a schedule if such substance’’ and inserting

6 ‘‘drug which contains a controlled substance from

7 the application of titles II and III of the Comprehen8 sive Drug Abuse Prevention and Control Act (21

9 U.S.C. 802 et seq.) if such drug’’; and

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

11 following:

12 ‘‘(C) Upon the recommendation of the Sec13 retary of Health and Human Services, a compound,

14 mixture, or preparation which contains any anabolic

15 steroid, which is intended for administration to a

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

17 concentration, preparation, formulation or delivery

18 system, does not present any significant potential for

19 abuse.’’.

20 (c) ANABOLIC STEROIDS CONTROL ACT.—Section

21 1903 of the Anabolic Steroids Control Act of 1990 (Public

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

23 (1) by striking subsection (a); and

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

25 subsections (a) and (b), respectively.
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1 SEC. 5. REPORTING REQUIREMENT.

2 Not later than 2 years after the date of the enact3 ment of this Act, the Secretary of Health and Human

4 Services, in consultation with the Attorney General, shall

5 prepare and submit a report to the Judiciary Committee

6 of the House and Senate, and to the Committee on Energy

7 and Commerce of the House, evaluating the health risks

8 associated with dietary supplements not scheduled under

9 the amendments made by this Act which contain sub10 stances similar to those added to the list of controlled sub11 stances under those amendments. The report shall include

12 recommendations on whether such substances should be

13 regulated as anabolic steroids.

Passed the House of Representatives June 3, 2004.

Attest:

Clerk.
108TH CONGRESS

2D SESSION H. R. 3866

AN ACT

To amend the Controlled Substances Act to provide

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