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108th CONGRESS
2d Session
H. R. 3866
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
_______________________________________________________________________
A BILL
To amend the Controlled Substances Act to provide increased penalties
for anabolic steroid offenses near sports facilities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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:
``424. Increased Penalties for 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-methyl-androst-1,4-dien-3-one);
``(x) 4-dihydrotestosterone (17b-hydroxy-androstan-3-one);
``(xi) drostanolone (17b-hydroxy-2a-methyl-5a-androstan-3-
one);
``(xii) ethylestrenol (17a-ethyl-17b-hydroxyestr-4-ene);
``(xiii) fluoxymesterone (9-fluoro-17a-methyl-11b,17b-
dihydroxyandrost-4-en-3-one);
``(xiv) formebolone (2-formyl-17a-methyl-11a,17b-
dihydroxyandrost-1,4-dien-3-one);
``(xv) furazabol (17a-methyl-17b-hydroxyandrostano[2,3-c]-
furazan);
``(xvi) 18a-homo-17b-hydroxyestr-4-en-3-one (13b-ethyl-17b-
hydroxygon-4-en-3-one);
``(xvii) 4-hydroxytestosterone (4,17b-dihydroxy-androst-4-
en-3-one);
``(xviii) 4-hydroxy-19-nortestosterone (4,17b-dihydroxy-
estr-4-en-3-one);
``(xix) mestanolone (17a-methyl-17b-hydroxy-5a-androstan-3-
one);
``(xx) mesterolone (1a-methyl-17b-hydroxy-[5a]-androstan-3-
one);
``(xxi) methandienone (17a-methyl-17b-hydroxyandrost-1,4-
dien-3-one);
``(xxii) methandriol (17a-methyl-3b,17b-dihydroxyandrost-5-
ene);
``(xxiii) methenolone (1-methyl-17b-hydroxy-5a-androst-1-
en-3-one);
``(xxiv) methyltestosterone (17a-methyl-17b-hydroxyandrost-
4-en-3-one);
``(xxv) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-3-
one);
``(xxvi) nandrolone (17b-hydroxyestr-4-en-3-one);
``(xxvii) 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);
``(xxviii) norandrostenedione--
``(I) 19-nor-4-androstenedione (estr-4-en-3,17-
dione); and
``(II) 19-nor-5-androstenedione (estr-5-en-3,17-
dione;
``(xxix) norbolethone (18a-homo-17b-hydroxypregna-4-en-3-
one);
``(xxx) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-one);
``(xxxi) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-3-
one);
``(xxxii) oxandrolone (17a-methyl-17b-hydroxy-2-oxa-[5a]-
androstan-3-one);
``(xxxiii) oxymesterone (17a-methyl-4,17b-dihydroxyandrost-
4-en-3-one);
``(xxxiv) oxymetholone (17a-methyl-2-hydroxymethylene-17b-
hydroxy-[5a]-androstan-3-one);
``(xxxv) stanozolol (17a-methyl-17b-hydroxy-[5a]-androst-2-
eno[3,2-c]-pyrazole);
``(xxxvi) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-1-
en-3-one);
``(xxxvii) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic acid lactone);
``(xxxviii) 1-testosterone (17b-hydroxy-5a-androst-1-en-3-
one);
``(xxxix) testosterone (17b-hydroxyandrost-4-en-3-one);
``(xl) tetrahydrogestrinone (13b,17a-diethyl-17b-
hydroxygon-4,9,11-trien-3-one);
``(xli) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one);
and
``(xlii) 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.''.
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