grams, the Subcommittee initiated an investigation of the proper and improper use of drugs by athletes. The investigation has focused on assessing the nature of such abuse, particularly the extent to which drugs distributed in violation of federal and state law are used; the policies of sports federations and the effectiveness of their law enforcement mechanisms; the current efforts to properly educate athletes, trainers, coaches and others; and recommendations to facilitate the proper use of drugs in athletic competition.

The Subcommittee held three days of hearings in June and July and heard testimony from 23 witnesses, including medical authorities, athletic associations, sociologists as well as present and former athletes. These hearings and the investigation revealed little evidence that teams officially made drugs available to athletes, but provided distressing evidence of drug use among athletes, but provided distressing evidence of drug use among athletes, including high school, collegiate and other amateur athletes. However, several athletes who testified described a new sports etiquette which some athletes share not only drugs, but also information on "friendly" pharmacists, doctors, detailmen and even veterinarians who illegally supply drugs to the athletes. The Subcommittee chairman called on state and local professional societies to be alerted to any such practices by their members and urged them to take disciplinary action in appropriate cases and called on the athletic community to increase its effort to educate athletes trainers, coaches, physicians, parents and others about the special problem of drug abuse in athletic competition.

Although the Subcommittee is continuing its investigation of this problem the following interim conclusions were apparent:

1. Amphetamines ("speed" and "pep Pills") and steroids (male Hormone), both banned by all amateur athletic codes, appear to be the two drugs most commonly used by athletes.

2. Educators, coaches and team physicians are increasingly concerned by the harmful effects that these drugs can have on athletes, particularly young athletes. In both instances the detrimental effects of continued abuse involve a substantial health risk. Amphetamine abuse is associated with intense psychological dependence and strong toxic effects, including possible damage to the cardiovascular and central nervous systems. Abuse of steroids, used to treat debilitative diseases, can lead to improper growth in youngsters, ulcers, loss of hair, liver malfunction and is associated with testicular atrophy and loss of sexual drive. There is no therapeutic basis to justify their use by healthy individuals.

3. Recent studies indicate amphetamines do not improve physical performance, and in fact under some stressful conditions performance is impaired; and that there is considerable doubt as to whether steroids, even when used under careful supervision, actually increase strength or improve performance.

4. Athletes use drugs for a great variety of reasons, including subtle peer group pressure, pressure to perform or improve performance, fear that failure to use drugs will give a competitor the edge and others who depend on drugs on and off the field. Feeling "up for the game" and actually performing better are

decidedly different. As Dr. Donald L. Cooper, Oklahoma State University team physician, told the Subcommittee, "there is no scientific evidence that an athlete can perform better with drugs. but people believe in the myth."

5. No comprehensive assessment of the extent of such drug abuse by athletes has ever been conducted. A recent survey of athletes at an indoor track meet, which found that 10% of the voluntarily tested athletes had used amphetamines, was unveiled at the hearings. There is a real problem, but more data is needed if we are to deal with it effectively.

D. INTERNATIONAL TRAFFIC AND ABUSE OF LEGITIMATELY PRODUCED DRUGS

During the past year the Subcommittee developed legislation, S. 1646, amending the Controlled Substances Act, which is designed to permit the United States to comply with the provisions of the Convention on Psychotropic Substances signed at Vienna on February 21, 1971, which is now pending before the Foreign Relations Committee. The aim of the Convention is to eliminate non-legitimate uses of psychotropic- or mind altering-substances, such as LSD, mescaline, amphetamines and barbiturates. The structure of the Convention is similar to our domestic drug control scheme provided in the Comprehensive Drug Abuse Prevention and Control Act of 1970, which largely fulfills our obligations under the Convention. New legislation, however, will be required to satisfy all commitments under the Convention. Consideration of this important legislation will be a major Subcommittee activity in the coming years. Hearings on S. 1646 and similar legislation introduced by the Administration S. 2544, are scheduled for February 25, 1974.

E. MANDATORY PENALTIES FOR NONADDICT HEROIN DEALERS

The Subcommittee desired to significantly strengthen the hand of our law enforcement officials in dealing with one of the most dangerous types of criminals in our society: major dealers who are the purveyors of heroin to our young people. This concern was reflected in the Public Menace Amendment to S. 800, introduced by Senator Bayh and Senator Talmadge. A similar bill, S. 1246, was pending before the Subcommittee. This amendment was aimed at the backbone of heroin trade and distribution in this country, not addicts who are supporting a habit, for whom current laws are adequate, but the high level traffickers who hook others.

Under this amendment persons convicted of manufacturing, distributing or dispensing heroin or morphine in amounts equal to or in excess of one-tenth of an ounce of pure narcotic would receive, on the first offense, a mandatory minimum sentence of 10 to 30 years. For second convictions, these pushers would get a mandatory life sentence. In neither case would the offender be eligible for probation, suspended sentence, or parole-except after serving 30 years of a life sentence. In both cases the mandatory minimum sentence would have to be imposed in addition to the sentence provided under existing law; and in both cases the additional sentence would have to be

consecutive to, not concurrent with, the existing punishment. First offenders under age 18, for whom rehabilitation is possible, were excluded from these additional mandatory penalties. The one-tenth of an ounce pure standard assures that only those who deserve such extraordinary severe penalties are covered. The Senate passed the Amendment by a vote of 81-12 on April 3, 1973.

F. COMPREHENSIVE REVIEW OF FEDERAL DRUG CONTROL LAWS

Since the passage of the Controlled Substances Act, the Subcommittee has dealt with several major problems which, when viewed in contemporary perspectives, were not appropriately addressed in that legislation. A more comprehensive assessment of the Act will be a major activity of the Subcommittee in the coming year. We will utilize the expertise of those most directly affected by the Act-the pharmaceutical industry, pharmacists, physicians, researchers, law enforcement officials and others to assist the Subcommittee in developing and recommending an even more effective legislative response to the critical problems resulting from the diversion and abuse of legitimately manufactured dangerous drugs.

IV. FIREARMS AND EXPLOSIVES

A. MANDATORY PENALTIES FOR FIREARMS CRIME

The United States leads all other Western countries in the use of firearms in connection with serious crimes. During the past year the Subcommittee developed legislation to deal more effectively with these criminals who engage in such highly dangerous illegal activities. To accomplish this purpose Senator Talmadge and Senator Bayh introduced an amendment to S. 800 which with respect to those who use firearms to commit felonies, or who unlawfully carry firearms while committing a felony which threatens life or property, imposes, in addition to the penalties already provided by law, a minimum sentence of 5 to 15 years for the first offense, and 10 to 30 years for the second offense. The imposition of the additional sentence on the first offender would be left up to the trial judge; but if he failed to impose this additional sentence, he would have to state his reasons publicly. For the second offense, the judge would have no such discretion: upon conviction, a mandatory minimum sentence of 10 to 30 years, would have to be imposed. These minimum sentences-which are, of course. over and above the penalties which exist in present law-could not be suspended, nor could probation be granted. The Senate passed the Amendment on April 3, 1973, by a vote of 81-12.

B. SPORTING, RECREATIONAL OR CULTURAL USE OF BLACK POWDER

Under existing Federal law, the purchase, possession, storage and transportation of black powder in amounts larger than five pounds. as well as certain igniters, are subject to extensive regulation, resulting in serious hardships for the many thousands of Americans who use these materials. The Subcommittee developed legislation, S. 1083, to

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remove restrictions on commercially manufactured black powder intended to be used for sporting, recreational or cultural purposes. The legislation would remove these burdens without affecting in any way the strict criminal penalties for the misuse of explosives including black powder and igniters. These penalties, adopted by the Congress in 1970, are designed to prevent unlawful damage to property, intimidation, personal injury, and loss of life through the use of explosives. The necessity for severely punishing these terrible crimes is clear. Yet it is equally clear that access to black powder must be allowed to those sportsmen who have a legitimate need for this kind of material.

In June, on behalf of Chairman Eastland, Senator Bayh conducted a Judiciary Committee hearing on an amended version of S. 1083 which had been reported by the Subcommittee on Criminal Laws and Procedures. Testimony was taken from 8 witnesses representing sporting, cultural and recreational organizations which use black powder as an integral part of their activities; 3 witnesses representing the Alcohol, Tobacco and Firearms Bureau of the Treasury Department; and 3 witnesses from the Department of Justice. S. 1083 as amended, was reported favorably by the Judiciary Committee on June 28, 1973 (S. Rept. No. 93-274), and passed by the Senate on July 13, 1973, by a vote of 78-8.

V. LEGISLATION DEVELOPED OR PROCESSED BY THE SUBCOMMITTEE UNDER S. RES. 56, SECTION 12

DRUGS

1. S. 746 introduced February 2, 1973 by Senators Javits and Hughes. To amend certain provisions of the Controlled Substances Act relating to marihuana. Legislation pending.

2. S. 778 introduced February 6, 1973 by Senator Cook (S. 3846 in 92d Congress). To amend the Controlled Substances Act to provide for the registration of practitioners conducting narcotic treatment programs. Hearings held before the Subcommittee to Investigate Juvenile Delinquency on S. 3846 during the 92d Congress on November 14 and 16 in California. Hearings were held before the Subcommittee on S. 778 in Omaha, Nebraska on February 8, 1973, Louisville, Kentucky on February 13, 1973 and Indianapolis, Indiana on February 14, 1973. Legislation perfected and reintroduced as S. 1115 on March 6, 1973 by Senators Cook and Bayh.

3. S. 983 introduced on February 22, 1973 by Senators Bayh, Bentsen, Bible, Church, Cook, Cranston, Eagleton, Fong, Hart, Humphrey, Kennedy, McGee, McGovern, McIntyre, Mondale, Montoya, Moss, Pastore, Ribicoff, Stevenson, Tower and Tunney. Additional co-sponsors include Senators Brock, Burdick, Dominick, Hartke, Javits, Muskie, Pell and Percy. To amend the Controlled Substances Act to move certain barbiturates from schedule III of such Act to schedule II, "Barbiturate Control Act of 1973." Hearings were held before the Subcommittee to Investigate Juvenile Delinquency during the 92d Congress on S. 3539; May 3, 4, 17, June 12 and 13, 1972. Legislation pending. Objective accomplished by the Bureau of Narcotics and Dangerous Drugs administrative action.

4. S. 984 introduced on February 22, 1973 by Senators Bayh, Bentsen, Bible, Brock, Church, Cook, Cranston, Eagleton, Fong, Hart, Humphrey, Kennedy, McGee, McGovern, McIntyre, Mondale, Montoya, Moss, Pastore, Ribicoff, Stevenson, Tower and Tunney. Additional co-sponsors include Senators Burdick, Dominick, Hartke, Javits, Muskie, Pell and Percy. To amend the Controlled Substances Act to require identification by manufacturer of each schedule II dosage unit produced, "Dangerous Drug Identification Act of 1973." Hearings were held by the Subcommittee to Investigate Juvenile Delinquency during the 92d Congress on S. 3538 on May 3, 4, 17, June 12 and 13, 1972. Legislation pending.

5. S. 985 introduced on February 22, 1973 by Senators Bayh, Bentsen, Bible, Brock, Church, Dominick, Eagleton, Fong, Hart, Humphrey, Kennedy, McGee, McGovern, McIntyre, Mondale, Montoya, Moss, Muskie, Pastore, Ribicoff, Stevenson, Tower and Tunney. Additional co-sponsors include Senators Burdick, Hartke, Javits and Pell. To amend the Controlled Substances Act to establish effective controls against diversion of particular controlled substances and to assist law enforcement agencies in the investigation of the diversion of controlled substances into other than legitimate medical, scientific and industrial channels, by requiring manufacturers to incorporate inert, innocuous tracer elements in all schedule II and III depressant and stimulant substances, and for other purposes, "Dangerous Drug Tracer and Law Enforcement Information Act of 1973." Hearings were held by the Subcommittee to Investigate Juvenile Delinquency on May 3, 4, 17, June 12 and 13, 1973. Legislation pending.

Six. S. 1115 (perfection of S. 778) introduced on March 6, 1973 by Senators Cook and Bayh. To amend the Controlled Substances Act to provide for the registration of practitioners conducting narcotic treatment programs. Hearings were held before the Subcommittee to Investigate Juvenile Delinquency on April 5, 1973. Reported by the Subcommittee on May 21, 1973 and by the Judiciary Committee on June 4, 1973 (Rept. No. 93-192). This bill passed the Senate unanimously on June 8, 1973. Presently pending before the House Committee on Interstate and Foreign Commerce, Subcommittee on Public Health and the Environment.

Seven. S. 1246 introduced on March 15, 1973 by Senator Talmadge. To amend the Controlled Substances Act so as to increase the penalty with respect to the unlawful distribution of certain narcotics drugs by individuals determined to be a public menace. Legislation pending.

A similar measure was introduced by Senators Bayh and Talmadge on April 3, 1973 as an amendment to S. 800, the "Victims of Crime Act." It provided that nonaddicts convicted of manufacturing, distributing, or dispensing heroin or morphine equal to or in excess of one-tenth of an ounce or pure narcotic would receive, on the first offense, a mandatory minimum sentence of 10 to 30 years. For second convictions, these pushers would receive a mandatory life sentence. Special exemptions were provided for juveniles. The Senate passed this amendment by a vote of 81-12 on April 3, 1973. S. 800 is presently pending before the House Committee on Judiciary Subcommittee on Immigration, Citizenship and International law.