[House Report 108-461]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-461
HOUSE OF REPRESENTATIVES
2d Session Part 2
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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
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 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.
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.
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 recommendations 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).
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
Athletic Association bans Andro and DHEA. The World Anti-Doping
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.