[Congressional Record Volume 160, Number 131 (Monday, September 15, 2014)]
[House]
[Pages H7459-H7461]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             DESIGNER ANABOLIC STEROID CONTROL ACT OF 2014

  Mr. PITTS. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4771) to amend the Controlled Substances Act to more effectively 
regulate anabolic steroids, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4771

       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 ``Designer Anabolic Steroid 
     Control Act of 2014''.

     SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT.

       (a) Definitions.--Section 102(41) of the Controlled 
     Substances Act (21 U.S.C. 802(41)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (xlix), by striking ``and'' at the end;
       (B) by redesignating clause (xlx) as clause (lxxv); and
       (C) by inserting after clause (xlix) the following:
       ``(l) 5a-Androstan-3,6,17-trione;
       ``(li) 6-bromo-androstan-3,17-dione;
       ``(lii) 6-bromo-androsta-1,4-diene-3,17-dione;
       ``(liii) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-diol;
       ``(liv) 4-chloro-17a-methyl-androst-4-ene-3b,17b-diol;
       ``(lv) 4-chloro-17a-methyl-17b-hydroxy-androst-4-en-3-one;
       ``(lvi) 4-chloro-17a-methyl-17b-hydroxy-androst-4-ene-3,11-
     dione;
       ``(lvii) 4-chloro-17a-methyl-androsta-1,4-diene-3,17b-diol;
       ``(lviii) 2a,17a-dimethyl-17b-hydroxy-5a-androstan-3-one;
       ``(lix) 2a,17a-dimethyl-17b-hydroxy-5b-androstan-3-one;
       ``(lx) 2a,3a-epithio-17a-methyl-5a-androstan-17b-ol;
       ``(lxi) [3,2-c]-furazan-5a-androstan-17b-ol;
       ``(lxii) 3b-hydroxy-estra-4,9,11-trien-17-one;
       ``(lxiii) 17a-methyl-androst-2-ene-3,17b-diol;
       ``(lxiv) 17a-methyl-androsta-1,4-diene-3,17b-diol;
       ``(lxv) Estra-4,9,11-triene-3,17-dione;
       ``(lxvi) 18a-Homo-3-hydroxy-estra-2,5(10)-dien-17-one;
       ``(lxvii) 6a-Methyl-androst-4-ene-3,17-dione;
       ``(lxviii) 17a-Methyl-androstan-3-hydroxyimine-17b-ol;
       ``(lxix) 17a-Methyl-5a-androstan-17b-ol;
       ``(lxx) 17b-Hydroxy-androstano[2,3-d]isoxazole;
       ``(lxxi) 17b-Hydroxy-androstano[3,2-c]isoxazole;
       ``(lxxii) 4-Hydroxy-androst-4-ene-3,17-dione[3,2-
     c]pyrazole-5a-androstan-17b-ol;
       ``(lxxiii) [3,2-c]pyrazole-androst-4-en-17b-ol;
       ``(lxxiv) [3,2-c]pyrazole-5a-androstan-17b-ol; and''; and
       (2) by adding at the end the following:
       ``(C)(i) Subject to clause (ii), a drug or hormonal 
     substance (other than estrogens, progestins, corticosteroids, 
     and dehydroepiandrosterone) that is not listed in 
     subparagraph (A) and is derived from, or has

[[Page H7460]]

     a chemical structure substantially similar to, 1 or more 
     anabolic steroids listed in subparagraph (A) shall be 
     considered to be an anabolic steroid for purposes of this Act 
     if--
       ``(I) the drug or substance has been created or 
     manufactured with the intent of producing a drug or other 
     substance that either--
       ``(aa) promotes muscle growth; or
       ``(bb) otherwise causes a pharmacological effect similar to 
     that of testosterone; or
       ``(II) the drug or substance has been, or is intended to 
     be, marketed or otherwise promoted in any manner suggesting 
     that consuming it will promote muscle growth or any other 
     pharmacological effect similar to that of testosterone.
       ``(ii) A substance shall not be considered to be a drug or 
     hormonal substance for purposes of this subparagraph if it--
       ``(I) is--
       ``(aa) an herb or other botanical;
       ``(bb) a concentrate, metabolite, or extract of, or a 
     constituent isolated directly from, an herb or other 
     botanical; or
       ``(cc) a combination of 2 or more substances described in 
     item (aa) or (bb);
       ``(II) is a dietary ingredient for purposes of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); and
       ``(III) is not anabolic or androgenic.
       ``(iii) In accordance with section 515(a), any person 
     claiming the benefit of an exemption or exception under 
     clause (ii) shall bear the burden of going forward with the 
     evidence with respect to such exemption or exception.''.
       (b) Classification Authority.--Section 201 of the 
     Controlled Substances Act (21 U.S.C. 811) is amended by 
     adding at the end the following:
       ``(i) Temporary and Permanent Scheduling of Recently 
     Emerged Anabolic Steroids.--
       ``(1) The Attorney General may issue a temporary order 
     adding a drug or other substance to the definition of 
     anabolic steroids if the Attorney General finds that--
       ``(A) the drug or other substance satisfies the criteria 
     for being considered an anabolic steroid under section 
     102(41) but is not listed in that section or by regulation of 
     the Attorney General as being an anabolic steroid; and
       ``(B) adding such drug or other substance to the definition 
     of anabolic steroids will assist in preventing abuse or 
     misuse of the drug or other substance.
       ``(2) An order issued under paragraph (1) shall not take 
     effect until 30 days after the date of the publication by the 
     Attorney General of a notice in the Federal Register of the 
     intention to issue such order and the grounds upon which such 
     order is to be issued. The order shall expire not later than 
     24 months after the date it becomes effective, except that 
     the Attorney General may, during the pendency of proceedings 
     under paragraph (6), extend the temporary scheduling order 
     for up to 6 months.
       ``(3) The Attorney General shall transmit notice of an 
     order proposed to be issued under paragraph (1) to the 
     Secretary of Health and Human Services. In issuing an order 
     under paragraph (1), the Attorney General shall take into 
     consideration any comments submitted by the Secretary in 
     response to a notice transmitted pursuant to this paragraph.
       ``(4) A temporary scheduling order issued under paragraph 
     (1) shall be vacated upon the issuance of a permanent 
     scheduling order under paragraph (6).
       ``(5) An order issued under paragraph (1) is not subject to 
     judicial review.
       ``(6) The Attorney General may, by rule, issue a permanent 
     order adding a drug or other substance to the definition of 
     anabolic steroids if such drug or other substance satisfies 
     the criteria for being considered an anabolic steroid under 
     section 102(41). Such rulemaking may be commenced 
     simultaneously with the issuance of the temporary order 
     issued under paragraph (1).''.

     SEC. 3. LABELING REQUIREMENTS.

       (a) In General.--Section 305 of the Controlled Substances 
     Act (21 U.S.C. 825) is amended by adding at the end the 
     following:
       ``(e) False Labeling of Anabolic Steroids.--
       ``(1) It shall be unlawful to import, export, manufacture, 
     distribute, dispense, or possess with intent to manufacture, 
     distribute, or dispense, an anabolic steroid or product 
     containing an anabolic steroid, unless the steroid or product 
     bears a label clearly identifying an anabolic steroid or 
     product containing an anabolic steroid by the nomenclature 
     used by the International Union of Pure and Applied Chemistry 
     (IUPAC).
       ``(2)(A) A product described in subparagraph (B) is exempt 
     from the International Union of Pure and Applied Chemistry 
     nomenclature requirement of this subsection if such product 
     is labeled in the manner required under the Federal Food, 
     Drug, and Cosmetic Act.
       ``(B) A product is described in this subparagraph if the 
     product--
       ``(i) is the subject of an approved application as 
     described in section 505(b) or (j) of the Federal Food, Drug, 
     and Cosmetic Act; or
       ``(ii) is exempt from the provisions of section 505 of such 
     Act relating to new drugs because--
       ``(I) it is intended solely for investigational use as 
     described in section 505(i) of such Act; and
       ``(II) such product is being used exclusively for purposes 
     of a clinical trial that is the subject of an effective 
     investigational new drug application.''.
       (b) Clarification to Import and Export Statute.--Section 
     1010 of the Controlled Substances Import and Export Act (21 
     U.S.C. 960) is amended, in subsection (a)(1), by inserting 
     ``305,'' before ``1002''.
       (c) Civil Penalties.--Section 402 of the Controlled 
     Substances Act (21 U.S.C. 842) is amended--
       (1) in subsection (a)--
       (A) in paragraph (14), by striking ``or'' at the end;
       (B) in paragraph (15), by striking the period at the end 
     and inserting ``; or''; and
       (C) by inserting, after paragraph (15), the following:
       ``(16) to violate subsection (e) of section 825 of this 
     title.''; and
       (2) in subsection (c)(1)--
       (A) by inserting, in subparagraph (A), after ``subparagraph 
     (B)'' the following: ``, (C), or (D)''; and
       (B) by inserting after subparagraph (B) the following:
       ``(C) In the case of a violation of paragraph (16) of 
     subsection (a) of this section by an importer, exporter, 
     manufacturer, or distributor (other than as provided in 
     subparagraph (D)), up to $500,000 per violation. For purposes 
     of this subparagraph, a violation is defined as each instance 
     of importation, exportation, manufacturing, distribution, or 
     possession with intent to manufacture or distribute, in 
     violation of paragraph (16) of subsection (a).
       ``(D) In the case of a distribution, dispensing, or 
     possession with intent to distribute or dispense in violation 
     of paragraph (16) of subsection (a) of this section at the 
     retail level, up to $1000 per violation. For purposes of this 
     paragraph, the term `at the retail level' refers to products 
     sold, or held for sale, directly to the consumer for personal 
     use. Each package, container or other separate unit 
     containing an anabolic steroid that is distributed, 
     dispensed, or possessed with intent to distribute or dispense 
     at the retail level in violation of such paragraph (16) of 
     subsection (a) shall be considered a separate violation.''.

     SEC. 4. IDENTIFICATION AND PUBLICATION OF LIST OF PRODUCTS 
                   CONTAINING ANABOLIC STEROIDS.

       (a) In General.--The Attorney General may, in the Attorney 
     General's discretion, collect data and analyze products to 
     determine whether they contain anabolic steroids and are 
     properly labeled in accordance with this Act and the 
     amendments made by this Act. The Attorney General may publish 
     in the Federal Register or on the website of the Drug 
     Enforcement Administration a list of products which the 
     Attorney General has determined, based on substantial 
     evidence, contain an anabolic steroid and are not labeled in 
     accordance with this Act and the amendments made by this Act.
       (b) Absence From List.--The absence of a product from the 
     list referred to in subsection (a) shall not constitute 
     evidence that the product does not contain an anabolic 
     steroid.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Pitts) and the gentlewoman from the Virginia Islands 
(Mrs. Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. PITTS. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
to insert extraneous materials into the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. PITTS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the Health Subcommittee ranking member, Frank Pallone, 
and I introduced H.R. 4771, the Designer Anabolic Steroid Control Act, 
DASCA, to end a loophole that allows designer anabolic steroids to 
easily be found online, in gyms, and even in retail stores.
  When taken by consumers, designer steroids, which are class III 
controlled substances, can cause serious medical harm, including liver 
injury, increased risk of heart attack, and stroke. They may also lead 
to aggression, hostility, and addiction.
  Designer steroids are produced by reverse engineering existing 
illegal steroids and then slightly modifying their chemical composition 
so the resulting product is not on the DEA's list of controlled 
substances.
  DASCA will help protect consumers from these harmful products by 
giving the DEA the tools and authority to properly classify designer 
steroids as controlled substances and increase criminal penalties for 
importing, manufacturing, or distributing them under false labels.
  DASCA would:
  Immediately place a number of known designer anabolic steroids on the 
list of controlled substances;

[[Page H7461]]

  Grant the DEA authority to temporarily schedule new designer steroids 
on the controlled substances list for 24 months, with the possibility 
of a 6-month extension so that if bad actors develop new variations, 
these products can be removed from the market immediately;
  Create new penalties for importing, manufacturing, or distributing 
anabolic steroids under false labels; and
  Authorize the Attorney General to publish a list of products 
containing an anabolic steroid that are not properly labeled.
  DASCA is supported by the American Herbal Products Association, AHPA; 
the Consumer Healthcare Products Association, CHPA; the Council for 
Responsible Nutrition, CRN; the Natural Products Association, NPA; and 
the United Natural Products Alliance, UNPA.
  I would urge all Members to support this critical piece of 
legislation. It is bipartisan. I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 4771, the Designer Anabolic 
Steroid Control Act of 2014.
  H.R. 4771 would amend the Controlled Substances Act to expand the 
definition of ``anabolic steroids'' to include 25 additional chemicals, 
thereby facilitating their control by the Drug Enforcement Agency. The 
CSA contains a list of chemicals defined as anabolic steroids. However, 
chemists, as you have heard, are able to design around the list, 
creating new anabolic steroids that are not on the CSA list. The DEA, 
therefore, has a more difficult time making enforcement actions against 
people using them.
  The bill will also make it easier for the Drug Enforcement Agency to 
add subsequent designer chemicals to the list of anabolic steroids and 
increases civil and criminal penalties for offenses pertaining to 
anabolic steroids.
  Anabolic steroids are synthetic variants of the male sex hormone 
testosterone. They have a number of therapeutic uses but are also used 
by muscle builders and athletes to improve performance. Long-term or 
high-dosage use can cause adverse health effects, including damage to 
the liver and heart, and testicular atrophy.
  H.R. 4771 will go a long way toward removing dangerous steroids from 
the market. We have seen the harm these drugs have caused, particularly 
in our youth and in professional sports, particularly baseball. The 
bill will give DEA an important tool to fight the use of hard-to-detect 
designer steroids.
  I want to commend Chairman Joe Pitts and Ranking Member Frank Pallone 
for their sponsorship of this bipartisan legislation.
  I urge my colleagues to join me in supporting today's legislation, 
and I yield back the balance of my time.
  Mr. PITTS. Mr. Speaker, I urge all Members to support this bipartisan 
legislation, and I yield back the balance of my time.
  Mr. WAXMAN. Mr. Speaker, I rise to support passage of the Designer 
Anabolic Steroid Control Act of 2014.
  This legislation will amend the Controlled Substances Act, the CSA, 
to include 25 additional chemicals as anabolic steroids It also will 
make it easier for the Drug Enforcement Agency, DEA, to add additional 
chemicals to the CSA list of anabolic steroids. And it increases civil 
and criminal penalties for offenses pertaining to anabolic steroids.
  Anabolic steroids have legitimate therapeutic uses, but they also can 
cause severe adverse effects when used inappropriately. I have been 
concerned for many years about the harms they have caused in young 
people and professional athletes, who take them to improve athletic and 
body building performance.
  One challenge our nation has faced in stopping steroid abuse is that 
chemists are continually finding ways to design new versions of these 
drugs that can escape detection or evade the law. This bill helps 
address this problem. It will give DEA new tools to control the abuse 
of designer steroids and will help get them off the market.
  I commend Chairman Joe Pitts and Ranking Member Frank Pallone for 
their sponsorship of this bipartisan legislation.
  I urge all members to support it.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Pitts) that the House suspend the 
rules and pass the bill, H.R. 4771, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________