SECTION 1. SHORT TITLE.
This Act may be cited as the `Anabolic Steroid Control Act of
2004'.
SECTION 2. 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);
(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);
(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) dehydrochloromethyltestosterone
(4-chloro-17b-hydroxy-17a-methyl-androst-1,4-dien-3-one);
(x) *1-dihydrotestosterone (a.k.a. `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) 13b-ethyl-17a-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) 17a-methyl-3b, 17b-dihydroxy-5a-androstane;
(xxvi) 17a-methyl-3a,17b-dihydroxy-5a-androstane;
(xxvii) 17a-methyl-3b,17b-dihydroxyandrost-4-ene.
(xxviii) 17a-methyl-4-hydroxynandrolone
(17a-methyl-4-hydroxy-17b-hydroxyestr-4-en-3-one);
(xxix) methyldienolone
(17a-methyl-17b-hydroxyestra-4,9(10)-dien-3-one);
(xxx) methyltrienolone
(17a-methyl-17b-hydroxyestra-4,9-11-trien-3-one);
(xxxi) methyltestosterone
(17a-methyl-17b-hydroxyandrost-4-en-3-one);
(xxxii) mibolerone (7a,17a-dimethyl-17b-hydroxyestr-4-en-3-one);
(xxxiii) 17a-methyl-*1-dihydrotestosterone
(17b-hydroxy-17a-methyl-5a-androst-1-en-3-one) (a.k.a.
`17-a-methyl-1-testosterone');
(xxxiv) nandrolone (17b-hydroxyestr-4-en-3-one);
(xxxv) 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);
(xxxvi) norandrostenedione--
(I) 19-nor-4-androstenedione
(estr-4-en-3,17-dione); and
(II) 19-nor-5-androstenedione
(estr-5-en-3,17-dione;
(xxxvii) norbolethone
(13b,17a-diethyl-17b-hydroxygon-4-en-3-one);
(xxxviii) norclostebol (4-chloro-17b-hydroxyestr-4-en-3-one);
(xxxix) norethandrolone (17a-ethyl-17b-hydroxyestr-4-en-3-one);
(xl) normethandrolone (17a-methyl-17b-hydroxyestr-4-en-3-one);
(xli) oxandrolone
(17a-methyl-17b-hydroxy-2-oxa-[5a]-androstan-3-one);
(xlii) oxymesterone
(17a-methyl-4,17b-dihydroxyandrost-4-en-3-one);
(xliii) oxymetholone
(17a-methyl-2-hydroxymethylene-17b-hydroxy-[5a]-androstan-3-one);
(xliv) stanozolol
(17a-methyl-17a-hydroxy-[5a]-androst-2-eno[3,2-c]-pyrazole);
(xlv) stenbolone (17b-hydroxy-2-methyl-[5a]-androst-1-en-3-one);
(xlvi) testolactone
(13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid
lactone);
(xlvii) testosterone (17b-hydroxyandrost-4-en-3-one);
(xlviii) tetrahydrogestrinone
(13b,17a-diethyl-17b-hydroxygon-4,9,11-trien-3-one);
(xlix) trenbolone (17b-hydroxyestr-4,9,11-trien-3-one); and
(xlx) any salt, ester, or ether of a drug or substance described
in this paragraph.
The substances excluded under this subparagraph may at any time
be scheduled by the Attorney General in accordance with the
authority and requirements of subsections (a) through (c) of
section 201.'; 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) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) and (c) as subsections (a)
and (b), respectively.
(d) EFFECTIVE DATE- The amendments made by this section shall
take effect 90 days after the date of enactment of this Act.
SECTION 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 trafficking and use; and
(3) take such other action that the Commission considers
necessary to carry out this section.
SECTION 4. PREVENTION AND EDUCATION PROGRAMS.
(a) IN GENERAL- The Secretary of Health and Human Services
(referred to in this Act as the `Secretary') shall award grants
to public and nonprofit private entities to enable such entities
to carry out science-based education programs in elementary and
secondary schools to highlight the harmful effects of anabolic
steroids.
(b) ELIGIBILITY-
(1)
APPLICATION- To be eligible for grants under subsection (a), an
entity shall prepare and submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) PREFERENCE- In
awarding grants under subsection (a), the Secretary shall give
preference to applicants that intend to use grant funds to carry
out programs based on--
(A) the Athletes Training and Learning to Avoid Steroids
program;
(B) The Athletes Targeting Healthy Exercise and Nutrition
Alternatives program; and
(C) other programs determined to be effective by the National
Institute on Drug Abuse.
(c) USE OF FUNDS- Amounts received under a grant under
subsection (a) shall be used for education programs that will
directly communicate with teachers, principals, coaches, as well
as elementary and secondary school children concerning the
harmful effects of anabolic steroids.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section, $15,000,000 for each of
fiscal years 2005 through 2010.
SEC. 5. NATIONAL SURVEY ON DRUG USE AND HEALTH.
(a) IN GENERAL- The Secretary of Health and Human Services shall
ensure that the National Survey on Drug Use and Health includes
questions concerning the use of anabolic steroids.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this section, $1,000,000 for each of
fiscal years 2005 through 2010.
Speaker of the House of Representatives.
Vice President of the United States and