[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.
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