[House Report 108-461]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-461
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
ANABOLIC STEROID CONTROL ACT OF 2004
_______
April 2, 2004.--Ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3866]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, 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
The Amendment.................................................... 1
Purpose and Summary.............................................. 4
Background and Need for the Legislation.......................... 4
Hearings......................................................... 6
Committee Consideration.......................................... 6
Vote of the Committee............................................ 6
Committee Oversight Findings..................................... 6
New Budget Authority and Tax Expenditures........................ 6
Congressional Budget Office Cost Estimate........................ 6
Performance Goals and Objectives................................. 8
Constitutional Authority Statement............................... 8
Section-by-Section Analysis and Discussion....................... 8
Changes in Existing Law Made by the Bill, as Reported............ 9
Markup Transcript................................................ 14
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
Within 2 years of enactment of this Act, the Secretary of Health and
Human Services, in consultation with the Attorney General, shall
prepare a report to the Judiciary Committee of the House and Senate
evaluating the health risks associated with dietary supplements not
addressed in this legislation which contain substances similar to those
added to the list of controlled substances under this legislation.
Purpose and Summary
H.R. 3866, the ``Anabolic Steroid Control Act of 2004,''
will help to prevent the abuse of steroids by professional
athletes. It will also address the widespread use of steroids
and steroid precursors by college, high school, and even middle
school students. Steroid use has been banned in the United
States since the passage of the Anabolic Steroids Control Act
of 1990.\1\ Many athletic organizations conduct testing for
steroids, but the illegal use of these substances continues to
be a problem among professional athletes.
---------------------------------------------------------------------------
\1\ Pub. L. No. 101-647.
---------------------------------------------------------------------------
Additionally, since the ban of these particular products,
some individuals have developed new substances that have the
same effects on the body as anabolic steroids but are not
banned substances. These ``steroid precursors'' are as
dangerous to the body as those banned under the original act.
Many health organizations as well as several athletic
organizations believe that the list of banned substances should
be updated to include such substances.
The legislation would add several new substances to the
list of banned substances and provide increased penalties (up
to twice the current maximum term of imprisonment, maximum
fine, or maximum term of supervised release) for any individual
who traffics in steroids within 1,000 feet of an athletic
facility. Additionally, the legislation was amended by the
Subcommittee on Crime, Terrorism, and Homeland Security to
include a requirement that the Department of Health and Human
Services and the Department of Justice report to the House and
Senate Committees on the Judiciary within 2 years regarding the
need to add additional dangerous substances to the list.
Background and Need for the Legislation
Anabolic-androgenic steroids are man-made substances
related to male sex hormones. ``Anabolic'' refers to muscle-
building, and ``androgenic'' refers to increased masculine
characteristics. ``Steroids'' refers to the class of drugs.
There are more than 100 types of these drugs, which are legally
available only by prescription, to treat conditions that occur
when the body produces abnormally low amounts of testosterone,
such as delayed puberty and some types of impotence. They are
also prescribed to treat body wasting in patients with AIDS and
other diseases that result in the loss of lean muscle mass.
Abuse of anabolic steroids, however, can lead to serious health
problems, some of which are irreversible. This bill adds
steroid precursors to the list of controlled substances based
on medical evidence that, once ingested, these products have
the same effect on the body as many of the steroids that are
currently prohibited for use without a prescription.
Today, athletes and others abuse anabolic steroids to
enhance performance and also to improve physical appearance.
Anabolic steroids are taken orally or injected, typically in
cycles of weeks or months (referred to as ``cycling''), rather
than continuously. Cycling involves taking multiple doses of
steroids over a specific period of time, stopping for a period,
and starting again. In addition, users often combine several
different types of steroids to maximize their effectiveness
while minimizing negative effects (referred to as
``stacking'').
Some of the consequences of long-term use of steroids
include aggression, extreme mood swings, liver tumors, liver
cancer, kidney tumors, jaundice, heart attacks, high blood
pressure, high cholesterol, severe acne, and trembling. Other
side effects may be gender specific such as breast development
in men, reduced sperm count, infertility, increased risk of
prostate cancer, male-pattern baldness in women, changes in, or
cessation of, the menstrual cycle, facial hair growth or
deepening of the voice in women. In addition, those who inject
steroids, as opposed to oral ingestion or topical use, run the
risk of contracting or transmitting HIV or hepatitis.
In a recent high profile case, the United States Department
of Justice charged four individuals in the San Francisco area
with conspiring to distribute anabolic steroids and other
performance enhancing drugs to dozens of athletes from Major
League Baseball, the National Football League, and track and
field. The criminals are getting smarter about how to evade the
law either by marketing prohibited steroids as ``nutritional
supplements,'' manufacturing steroids in clandestine labs, or
developing new products that have the effects of steroids but
are currently not on the list of controlled substances.
Even more problematic than the use of these substances
among professional athletes is the message their use sends to
our young athletes, particularly adolescent males. In addition
to the other effects outlined above, adolescents who take
steroids may face premature skeletal maturation and accelerated
puberty changes which may result in stunted growth. The
National Institute on Drug Abuse at the National Institute of
Health annually assesses drug use among the nation's 8th, 10th,
and 12th grade students. Rates for anabolic steroid use in the
past year remained stable at under 1.5 percent for students in
8th, 10th, and 12th grades in the early 1990s, then started to
rise.
Peak rates of past year use occurred in 2002 for 12th-
graders (2.5 percent), in 2000 and 2002 for 10th-graders (2.2
percent), and in 1999 and 2000 for 8th-graders (1.7 percent).
In 2003, steroid use by 10th-graders declined significantly to
1.7 percent. The rate among 12th-graders, 2.1 percent, was also
down from 2002, but not significantly. Among 8th-graders, 1.4
percent reported steroid use in the past year. Although these
numbers show a decline, they are still above the rates of use
in the 1990s. Most anabolic steroids users are male, and among
male students, past year use of these substances was reported
by 1.8 percent of 8th-graders, 2.3 percent of 10th-graders, and
3.2 percent of 12th-graders in 2003.
H.R. 3866, the ``Anabolic Steroid Control Act of 2004,''
was introduced by Representatives Sensenbrenner, Conyers,
Sweeney, Osborne, and Berman on March 1, 2004. The bill serves
as the House counterpart to S. 2195, bipartisan legislation
introduced by Senators Biden and Hatch and endorsed by a broad
cross-section of groups representing the medical and sports
communities, including the National Football League, Major
League Baseball, the U.S. Anti-Doping Agency, the American
Medical Association, and the Major League Baseball Players
Association.
Many of these same groups have weighed in on H.R. 3866 as
well. In fact, in describing their position on this issue, the
Major League Baseball Players Association has stated, ``. . .
if Congress chooses to expand the definition of Schedule III
anabolic steroids in order to cover certain steroid precursors,
we would not only support such a decision but also would
automatically expand our testing program, jointly administered
with the clubs, to cover such substances.''
Hearings
This legislation was introduced by Representatives
Sensenbrenner, Conyers, Sweeney, Osborne, and Berman on March
1, 2004, and referred primarily to the Committee on the
Judiciary and secondarily to the Committee on Energy and
Commerce.
On March 16, 2004, the Subcommittee on Crime, Terrorism,
and Homeland Security held a legislative hearing on H.R. 3866.
Witnesses for the hearing were Representative John Sweeney,
representing the 20th District of New York; Joseph Rannazzisi,
Deputy Director of the Office of Diversion Control of the Drug
Enforcement Agency; Dr. Ralph Hale, from the Coalition for
Anabolic Steroid Precursor and Ephedra Regulation, on behalf of
the United States Anti-Doping Agency; and Robert Hazelton, a
former boxer and steroid user.
Committee Consideration
On March 30, 2004, the Subcommittee on Crime, Terrorism,
and Homeland Security met in open session and ordered favorably
reported the bill H.R. 3866, with an amendment to the full
Committee on the Judiciary by a voice vote, a quorum being
present. On March 31, 2004, the Committee met in open session
and ordered favorably reported the bill H.R. 3866 with an
amendment, by a voice vote, a quorum being present.
Vote of the Committee
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee notes that there
were no recorded votes during the Committee consideration of
H.R. 3866.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 3866, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
April 2, 2004.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost of 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.
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.
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.
Performance Goals and Objectives
H.R. 3866 does not authorize funding. Therefore, clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives is inapplicable.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8 of the Constitution.
Section-by-Section Analysis and Discussion
Section 1. Short Title
The title of the legislation is the ``Anabolic Steroid
Control Act of 2004.''
Section 2. Increased Penalties for Anabolic Steroid Offenses Near
Sports Facilities
This section allows an individual to be sentenced to up to
twice the current maximum penalties for manufacturing,
distributing, or possessing with intent to distribute an
anabolic steroid if such action is taken within 1000 feet of a
sports facility.
This section is intended to serve as a deterrent to those
who wish to traffic in these substances. Individuals who
participate in sports activities are the most vulnerable to
steroid traffickers, and traffickers know where to find these
individuals. Recent cases as well as testimony from witnesses
has suggested a link between sports training facilities and
steroid use. Additionally, because of the statistics compiled
by the National Institute on Drug Abuse regarding use of
steroids by middle school and high school children, the
Committee is concerned about the availability of these
substances at or near places where children gather to play
sports. The definition of ``sports facility'' is intended to be
broadly interpreted to include property privately owned for
commercial purposes such as health clubs or publicly owned such
as a recreational softball field to address both of these
concerns.
Section 3. Sentencing Commission Guidelines
This section 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. The
Committee believes that these are dangerous substances and the
current penalties may not adequately reflect the danger.
Section 4. Amendments to the Controlled Substances Act
This section updates the list of anabolic steroids that are
regulated under the Controlled Substances Act to include
several new substances and makes changes to the authority and
criteria for classification of such substances.
The substances which have been added to this list have been
determined by the Department of Health and Human Services, the
Department of Justice, several health organizations, and
several professional, amateur and Olympic athletic
organizations to be the precursors most dangerous to human
health. Many of these substances are widely available in over
the counter vitamin supplement products despite the fact that
when ingested they have the same effects on the human body as
steroids that are currently on the list of controlled
substances.
Section 5. Reporting Requirements
The Committee's amendment added section 5 which requires
the Secretary of Health and Human Services and the Attorney
General to report to Congress in 2 years on the health risks of
other similar substances.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
COMPREHENSIVE DRUG ABUSE PREVENTION AND CONTROL ACT OF 1970
table of contents
title ii--control and enforcement
Part A--Short Title; Findings and Declaration; Definitions
Sec. 100. Short title.
Sec. 101. Findings and declarations.
* * * * * * *
Part D--Offenses and Penalties
Sec. 401. Prohibited acts A--penalties.
* * * * * * *
Sec. 424. Anabolic steroid offenses near sports facilities.
* * * * * * *
TITLE II--CONTROL AND ENFORCEMENT
Part A--Short Title; Findings and Declaration; Definitions
short title
Sec. 100. This title may be cited as the ``Controlled
Substances Act''.
* * * * * * *
definitions
Sec. 102. As used in this title:
(1) * * *
* * * * * * *
(41)[(A) The term ``anabolic steroid'' means any drug or
hormonal substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins, and
corticosteroids) that promotes muscle growth, and includes--
[(i) boldenone,
[(ii) chlorotestosterone,
[(iii) clostebol,
[(iv) dehydrochlormethyltestosterone,
[(v) dihydrotestosterone,
[(vi) drostanolone,
[(vii) ethylestrenol,
[(viii) fluoxymesterone,
[(ix) formebulone,
[(x) mesterolone,
[(xi) methandienone,
[(xii) methandranone,
[(xiii) methandriol,
[(xiv) methandrostenolone,
[(xv) methenolone,
[(xvi) methyltestosterone,
[(xvii) mibolerone,
[(xviii) nandrolone,
[(xix) norethandrolone,
[(xx) oxandrolone,
[(xxi) oxymesterone,
[(xxii) oxymetholone,
[(xxiii) stanolone,
[(xxiv) stanozolol,
[(xxv) testolactone,
[(xxvi) testosterone,
[(xxvii) trenbolone, and
[(xxviii) any salt, ester, or isomer of a
drug or substance described or listed in this
paragraph, if that salt, ester, or isomer
promotes muscle growth.]
(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;
(B)(i) Except as provided in clause (ii), such term does not
include an anabolic steroid which is expressly intended for
administration through implants to cattle or other nonhuman
species and which has been approved by the Secretary of Health
and Human Services for such administration.
(ii) If any person prescribes, dispenses, or distributes such
steroid for human use, such person shall be considered to have
prescribed, dispensed, or distributed an anabolic steroid
within the meaning of subparagraph (A).
* * * * * * *
(44) The term ``felony drug offense'' means an offense that
is punishable by imprisonment for more than one year under any
law of the United States or of a State or foreign country that
prohibits or restricts conduct relating to narcotic drugs,
marihuana, anabolic steroids, or depressant or stimulant
substances.
* * * * * * *
Part B--Authority To Control; Standards and Schedules
authority and criteria for classification of substances
Sec. 201. (a) * * *
* * * * * * *
(g)(1) The Attorney General shall by regulation exclude any
nonnarcotic [substance from a schedule if such substance] 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 may, under
the Federal Food, Drug, and Cosmetic Act, be lawfully sold over
the counter without a prescription.
* * * * * * *
(3) The Attorney General may, by regulation, exempt any
compound, mixture, or preparation containing a controlled
substance from the application of all or any part of this title
if he finds such compound, mixture, or preparation meets the
requirements of one of the following categories:
(A) * * *
* * * * * * *
(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.
* * * * * * *
Part D--Offenses and Penalties
* * * * * * *
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.
* * * * * * *
----------
SECTION 1903 OF THE ANABOLIC STEROIDS CONTROL ACT OF 1990
SEC. 1903. REGULATIONS BY ATTORNEY GENERAL.
[(a) Abuse Potential.--The Attorney General, upon the
recommendation of the Secretary of Health and Human Services,
may, by regulation, exempt any compound, mixture, or
preparation containing a substance in paragraph (41) of section
102 of the Controlled Substances Act (as added by section 2 of
this Act) from the application of all or any part of the
Controlled Substances Act if, because of its concentration,
preparation, mixture or delivery system, it has no significant
potential for abuse.]
[(b)] (a) Drugs for Treatment of Rare Diseases.--If the
Attorney General finds that a drug listed in paragraph (41) of
section 102 of the Controlled Substances Act (as added by
section 2 of this Act) is--
(1) * * *
* * * * * * *
[(c)] (b) Date of Issuance of Regulations.--The Attorney
General shall issue regulations implementing this section not
later than 45 days after the date of enactment of this Act,
except that the regulations required under section 3(a) shall
be issued not later than 180 days after the date of enactment
of this Act.
Markup Transcript
BUSINESS MEETING
WEDNESDAY, MARCH 31, 2004
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:00 a.m., in
Room 2141 Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
Chairman Sensenbrenner.. The Committee will be in order. A
working quorum is present. The only item on the agenda today is
H.R. 3866, the ``Anabolic Steroid Control Act of 2004.'' The
Chair recognizes the gentleman from North Carolina, Mr. Coble,
the Chairman of the Subcommittee on Crime, Terrorism, and
Homeland Security for a motion.
Mr. Coble. Mr. Chairman, the Subcommittee on Crime,
Terrorism, and Homeland Security reports favorably the bill
H.R. 3866 with a single amendment in the nature of a substitute
and moves its favorable recommendation to the full House.
[The bill, H.R. 3866, follows:]
Chairman Sensenbrenner. Without objection, the bill will be
considered as read and open for amendment at any point, and the
Subcommittee amendment in the nature of a substitute which the
Members have before them will be considered as read and
considered as the original text for purposes of amendment and
open for amendment at any point.
The Chair recognizes himself to strike the last word.
Performance-enhancing drugs continue to plague athletics
and professional sports. Not only are anabolic steroids
prevalent in some professional sports, the steroids are also
being used by high school students. Since steroids were banned
under the Control Act of 1990, many new substances have been
developed that have essentially the same effect on the body as
anabolic steroids. These drugs are commonly referred to as
steroid precursors. This bill, which I introduced with Mr.
Conyers, amends the Controlled Substances Act by updating the
list to include precursors and providing increased penalties
for trafficking in anabolic steroids and precursors near sports
facilities.
During his State of the Union address this year the
President said, ``the use of the performance-enhancing drugs
like steroids in baseball, football, and other sports is
dangerous, and it sends the wrong message that there are
shortcuts to accomplishment, and that performance is more
important than character.''
The problem of steroid abuse in professional sports
continues to receive a great deal of media attention. Reports
of widespread abuse in professional sports, specifically
baseball, have fueled this attention. A few weeks ago in the
San Francisco area, DOJ charged four individuals with
conspiring to distribute anabolic steroids and other
performance-enhancing drugs to dozens of athletes in major
league baseball, the NFL, and track and field.
On March 16, the Subcommittee held a hearing on this bill
and the hearing highlighted the prevalence of steroids in
professional sports as well as the adverse health effects these
drugs have. There have been numerous studies citing side
effects associated with steroid use. Long-term consequences of
steroid use include liver disorders, high blood pressure, and
extreme mood swings. Other side effects found in women are male
pattern baldness, cessation of menstrual cycle, and facial hair
growth. Men can experience infertility and male breast
development.
Sadly, the use of these drugs is glamorized by professional
athletes. The message that adolescents receive is that the use
of performance-enhancing drugs is necessary to compete and
should be used regardless of the health effects. The evidence
suggests that even middle-school students have not been immune
to the perils of steroid use. Adolescents are at risk of the
side effects outlined above as well as premature skeletal
maturation and accelerated puberty changes which may result in
stunted growth.
The National Institute on Drug Abuse estimated in 2003 that
1.4 percent of eighth-graders, 1.7 percent of tenth-graders,
and 2.1 percent of twelfth-graders have taken anabolic steroids
at least once in their lives. Although this is a slight
decrease from the previous year, the use of steroids among
adolescents has significantly increased since the early 1990's.
The trend is alarming but it is even more disturbing that many
precursor steroids are just as dangerous but are not yet
illegal, leaving the impression that they are safe methods of
enhancing performance. This legislation will add these drugs to
the controlled substance list, making it more difficult for
adults and adolescents to obtain them.
I urge my colleagues to support this important bipartisan
legislation and at this time am prepared to recognize either
Mr. Conyers or Mr. Scott. Who wants to give the Democratic
statement?
Mr. Conyers. I will share with Mr. Scott.
Chairman Sensenbrenner. The gentleman from Michigan is
recognized for two-and-a-half minutes.
Mr. Conyers. I yield to the distinguished Ranking
Subcommittee Member.
Mr. Scott. Thank you, Mr. Chairman. I am pleased to join
you in support of the Anabolic Steroid Control Act of 2004.
This legislation updates the ban on anabolic steroids to
include several steroid precursors that have been developed
since the 1990 ban on anabolic steroids. These precursors have
been shown to cause the same reaction to the body as anabolic
steroids and they are just as dangerous in terms of side
effects and long-term care damage. Currently they are not
illegal. They are widely used by athletes and others seeking to
enhance muscle and body development, and these drugs are now
showing up over-the-counter and in the nutrition and dietary
supplements.
Of course, the driving concern of the bill is the impact on
children. Some are athletes using the drugs with the belief
that they will become great in their sport and gain money and
fame. But in addition to risking disqualification from playing
sports, they also risk many of the health problems that the
Chairman has indicated. Many of these drugs and precursors
could be legitimately made available by prescription by
physicians to treat conditions such as body wasting in patients
with AIDS and other diseases that result in loss of lean muscle
mass.
So Mr. Chairman, I am pleased to join this effort to get
these drugs out of the category of easy access so that they can
be both controlled and be available for appropriate medical
use. I yield back to the gentleman from Michigan.
Mr. Conyers. Thank you very much.
I just wanted to be able to identify this particular
steroid precursor androstenedione. You can write that down, if
you would like. What we are saying here, Mr. Chairman, the
eight of us with special commendations to yourself and our
colleague John Sweeney of New York, is that the precursors have
now been found medically to be as dangerous as the steroids
themselves. And that unless you start dealing with the
statistic that Chairman Sensenbrenner issued, which is
controlling for me, one out of 40 high school seniors have
reported that they have used a precursor during 2002, and that
one out of 50 tenth-graders, almost as bad, have used them in
the previous year.
So we have got a big problem on our hands. It is becoming
commonplace and it is about time that our sports leaders take
some kind of control about this thing. It is really not a good
day in America when you need the United States Congress to tell
the kids that we have got to criminalize this thing because
most of the people in sports are turning their head the other
way. I think that is the worst thing that makes us have to do
what we are doing here today.
I thank the Chairman.
Chairman Sensenbrenner. Without objection, all Members'
opening statements will be placed in the record at this point.
[The prepared statement of Mr. Conyers follows:]
Prepared Statement of the Honorable John Conyers, Jr., a Representative
in Congress From the State of Michigan, and Ranking Member, Committee
on the Judiciary
I strongly support the legislative proposal under consideration
today. Without a doubt, H.R. 3866, the ``Anabolic Steroid Control Act
of 2004,'' represents a major step in the right direction.
First, the bill highlights the serious nature of trafficking in
steroid precursors by increasing the criminal penalties associated with
their distribution, particularly near a sports facility. It's worth
noting that this outcome was achieved without the use of mandatory
minimums. Instead, the bill was drafted in such a way so as to leave
sentencing determinations solely to the discretion of the judge--with
the more egregious offenders being exposed to harsher sentences.
Second, the bill amends the Anabolic Steroid Control Act of 1990 by
adding steroid precursors such as androstenedione (``andro'') and its
chemical cousins to the list of anabolic steroids controlled under the
Controlled Substances Act. It also makes it easier for the DEA to add
similar substances to that list in the future.
Scientific evidence shows that these performance-enhancing drugs
create real and significant health risks. Potential long-term
consequences of these products in men include impotence and the
development of breast enlargement. While some women who use these
products experience male pattern baldness, increased facial hair and
abnormal menstrual bleeding. And, most troubling of all, innocent
children who are exposed to these products risk early onset of puberty
and stunted growth.
Finally, the bill directs the U.S. Sentencing Commission to review
the Federal sentencing guidelines for crimes involving anabolic
steroids and consider increasing them. Currently, the maximum sentence
for offenses involving anabolic steroids is only 33-41 months for first
time offenders. And to receive the maximum sentence an offender would
have to have between 40,000 and 60,000 units, which is defined as a 10
cc vial or 50 tablets.
Saving children is the ultimate goal of this legislation. About one
out of forty high-school seniors reported that they had used andro in
the past year, according to the Department of Health and Human
Services' (HHS) 2002 Monitoring the Future survey, which tracks drug
use among students. The survey, conducted by HHS's National Institute
on Drug Abuse, also found that about one out of fifty 10th graders had
taken andro in the previous year.
In closing, I would like to thank Chairman Sensenbrenner and
Representatives Berman, Sweeney and Osborne for their bipartisan
leadership on this issue. I strongly urge my colleagues to lend their
support to this sensible piece of legislation.
Are there amendments?
Mr. Scott. Mr. Chairman, I have a unanimous consent
request.
Chairman Sensenbrenner. The gentleman from Virginia.
Mr. Scott. I have three letters, one from the National
Football League, Major League Baseball Players Association, and
the American Medical Association in support of the legislation.
I would ask unanimous----
Chairman Sensenbrenner. Without objection, the letters will
be placed in the record.
[The information referred to follows:]
Are there amendments?
Mr. Coble. Mr. Chairman.
Chairman Sensenbrenner. The gentleman from North Carolina.
Mr. Coble. Mr. Chairman, move to strike the last word.
Chairman Sensenbrenner. The gentleman is recognized for 5
minutes.
Mr. Coble. Mr. Chairman, you and the Ranking Member and Mr.
Scott have pretty adequately covered the pertinent points. I
just would weigh in regarding the hearing that was conducted
before our Subcommittee. A former professional heavyweight
boxer was one of the witnesses and he has lost both legs as a
result--both legs had to be amputated as a result of his having
become involved with steroids. That was a very moving,
emotionally-charged testimony. He shared with us the fact that
he, to this day, visits schools in an ongoing way trying to
educate these kids to avoid steroids.
But Mr. Conyers touched on this, we live in an era now
where the theme is, make your big bucks and make it quickly,
and the way to do that is to become muscularly-enhanced as a
result of steroids. If they had seen this boxer I think they
would think twice before they did it. This is long overdue, Mr.
Chairman, and I commend you and the Ranking Member, and Mr.
Sweeney and others for having promoted it and I yield back.
Chairman Sensenbrenner. Are there amendments?
Mr. Watt. Mr. Chairman.
Chairman Sensenbrenner. The gentleman from North Carolina.
Mr. Watt. I move to strike the last word.
Chairman Sensenbrenner. The gentleman is recognized for 5
minutes.
Mr. Watt. I do so not in opposition to the bill but simply
to ask whoever might be able to answer the question, either the
Chair of the full Committee or the Ranking Member of the
Subcommittee. The rationale for the maximum, the two times the
penalty for this offense near or at a sports facility, that
seems to me to be something that would seem to be arbitrary,
unless there is some rationale for it. I am just trying to
figure out how you got to----
Chairman Sensenbrenner. Would the gentleman yield?
Mr. Watt. Yes, I am happy to yield.
Chairman Sensenbrenner. I thank the gentleman for yielding.
I think that the rationale behind this is deterrence
similar to the deterrence that was established with drug-free
schools, where the penalties are enhanced for those who are
trafficking in drugs close to schools.
Mr. Scott. Will the gentleman yield?
Mr. Watt. I am happy to yield to the gentleman.
Mr. Scott. I would say to the gentleman that the penalties
go to the Sentencing Commission. Although the maximums have
been enhanced, they go to the Sentencing Commission to make
sure that the actually imposed penalties are appropriately
proportional.
Chairman Sensenbrenner. Will the gentleman yield further?
Mr. Watt. Yes.
Chairman Sensenbrenner. I would like to emphasize that this
is not a mandatory minimum sentence.
Mr. Watt. I am not questioning whether it is a mandatory
minimum sentence, although I would like to know whether the
term on line 12, page one, subject to twice the maximum term
is, in effect, subject to up to twice the maximum term or
whether it is subject to--I mean, does it require a two times
the maximum term as it would be if it were not so near a sports
facility? I will yield to the gentleman from Virginia.
Mr. Scott. I would say that I think the legislative intent
is up to, but on page two, it is sent to the Sentencing
Commission to review and make the appropriate findings.
Mr. Watt. But am I incorrect in saying that there are
currently penalties in place, even before the Sentencing
Commission acts? So the question is whether it would be double
that penalty or whether it would be up to double that penalty
in the discretion of the judge.
Chairman Sensenbrenner. Will the gentleman yield?
Mr. Watt. I yield to the Chairman.
Chairman Sensenbrenner. It is up to double the penalties.
So if the penalty is up to 3 years and this bill is adopted,
then the penalty will be up to 6 years.
Mr. Watt. All right, with that legislative record I think
that--I probably would read it that way anyway but--and I take
it the rationale for this is that there is evidence in the
record that these kinds of crimes are more likely to happen at
or near a sports facility?
I guess my concern is that we can do things rationally or
we can do things based on a sound bite. Is there some evidence
in the record at the hearing--I am not on the Subcommittee--
that this is more prevalent at or near sports facilities?
Mr. Coble. If the gentleman would yield?
Mr. Watt. I am happy to yield.
Mr. Coble. I say to my friend from North Carolina, that was
my reading as a result of the hearing, that it was more likely
to occur near a sports facility.
Chairman Sensenbrenner. Will the gentleman yield further?
Mr. Watt. Yes, sir.
Chairman Sensenbrenner. This is a tool for--it is a
rational sound bite. [Laughter.]
Mr. Watt. All right, if it is rational I am okay with it.
If it is just a sound bite, I think we legislate too much by
sound bite in this body. I would at least like to go on the
record as saying that I am in favor of the rational policy if
there is rationality to it. But if we are just doing this,
legislating by sound bite, I really think----
Mr. Coble. Would the gentleman yield one more time for me?
Mr. Watt. I am happy to yield.
Mr. Coble. Mr. Watt, I will be very brief. I think that if
we pass this, hopefully it will be less likely to occur in the
vicinity of these sports facilities.
Mr. Watt. I will yield back, Mr. Chairman.
Chairman Sensenbrenner. The gentleman's time has expired.
Are there amendments?
Ms. Jackson Lee. Mr. Chairman.
Chairman Sensenbrenner. The gentlewoman from Texas.
Mr. Jackson Lee. I thank the Chairman. May I follow the
line of reasoning of Mr. Watt on----
Chairman Sensenbrenner. The gentlewoman strikes the last
word and is recognized for 5 minutes.
Ms. Jackson Lee. I thank the distinguished Chairman. Just a
clarification on this sentencing aspect where it says subject
to twice the maximum. I am understanding that the Chairman's
interpretation, maybe the Chairman of the Subcommittee as well,
is up to twice the maximum. Are we to rely upon the legislative
history and the discussion we have had this morning, or is it
appropriate to include the word, is subject to up to twice the
maximum term of imprisonment?
Chairman Sensenbrenner. Will the gentlewoman yield?
Ms. Jackson Lee. I would be happy to yield.
Chairman Sensenbrenner. That is exactly the way the drug-
free school zone statute reads, and it does give the Sentencing
Commission the appropriate instruction to make guidelines, but
it is not a mandatory sentence. It is up to twice the maximum
if it was away from a sports facility, and that would be up to
the sentencing judge.
Ms. Jackson Lee. And that precedent is by the previous use
of the language that it has been utilized that the judges had
discretion?
Chairman Sensenbrenner. That is correct, and it is
identical to the doubling of the maximum sentence, or the
ceiling of the maximum sentence for sale of drugs in a drug-
free school zone.
Ms. Jackson Lee. If I can reclaim my time. If Committee
discussion has any relevance to add to the legislative history,
let me then just say that I would like to be sure that there is
discretion up to twice the maximum term, even though this is a
horrible result in terms of the use of these steroids, and I
would like to make sure that it is in the record that the
interpretation is that it is up to twice the maximum term based
on previous legislative interpretation.
I thank the Chairman. I yield back.
Chairman Sensenbrenner. Are there amendments?
If there are no amendments, the Chair notes the presence of
a reporting quorum. Without objection, the Subcommittee
amendment in the nature of a substitute laid down as the base
text is adopted.
The question occurs on the motion to report the bill H.R.
3866 favorably as amended. All those in favor will say aye.
Opposed, no.
The ayes appear to have it. The ayes have been it. The
motion to report favorably is adopted.
Without objection, the bill will be reported favorably to
the House in the form of a single amendment in the nature of a
substitute incorporating the amendment adopted here today.
Without objection, the Chairman is authorized to move to go
to conference pursuant to House rules.
Without objection, the staff is directed to make any
technical and conforming changes, and all Members will be given
2 days as provided by House rules in which to submit additional
dissenting, supplemental or minority views.
This concludes the business on the agenda today. The Chair
thanks the Members for their participation and attendance and
the Committee stands adjourned.
[Whereupon, at 10:31 a.m., the Committee was adjourned.]