I 

113TH CONGRESS 

2D SESSION H. R. 4771 

To amend the Controlled Substances Act to more effectively regulate anabolic 

steroids. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 29, 2014 

Mr. PITTS (for himself and Mr. PALLONE) introduced the following bill; which 

was referred to the Committee on Energy and Commerce, and in addition 

to the Committee on the Judiciary, 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 more effectively 

regulate anabolic steroids. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Designer Anabolic 

5 Steroid Control Act of 2014’’. 

6 SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES 

7 ACT. 

8 (a) DEFINITIONS.—Section 102(41) of the Controlled 

9 Substances Act (21 U.S.C. 802(41)) is amended— 


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1 (1) in subparagraph (A)— 

2 (A) in clause (xlix), by striking ‘‘and’’ at 

3 the end; 

4 (B) by redesignating clause (xlx) as clause 

5 (lxxvii); and 

6 (C) by inserting after clause (xlix) the fol7 lowing: 

8 ‘‘(l) 5α-Androstan-3,6,17-trione; 

9 ‘‘(li) Androst-4-ene-3,6,17-trione; 

10 ‘‘(lii) Androsta-1,4,6-triene-3,17- 

11 dione; 

12 ‘‘(liii) 6-bromo-androstan-3,17-dione; 

13 ‘‘(liv) 6-bromo-androsta-1,4-diene14 3,17-dione; 

15 ‘‘(lv) 4-chloro-17α-methyl-androsta16 1,4-diene-3,17β-diol; 

17 ‘‘(lvi) 4-chloro-17α-methyl-androst-4- 

18 ene-3β,17β-diol; 

19 ‘‘(lvii) 4-chloro-17α-methyl-17β-hy20 droxy-androst-4-en-3-one; 

21 ‘‘(lviii) 4-chloro-17α-methyl-17β-hy22 droxy-androst-4-ene-3,11-dione; 

23 ‘‘(lix) 4-chloro-17α-methyl-androsta24 1,4-diene-3,17β-diol; 


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1 ‘‘(lx) 2α,17α-dimethyl-17β-hydroxy2 5α-androstan-3-one; 

3 ‘‘(lxi) 2α,17α-dimethyl-17β-hydroxy4 5β-androstan-3-one; 

5 ‘‘(lxii) 2α,3α-epithio-17α-methyl-5α6 androstan-17β-ol; 

7 ‘‘(lxiii) [3,2-c]-furazan-5α-androstan8 17β-ol; 

9 ‘‘(lxiv) 3β-hydroxy-estra-4,9,11-trien10 17-one; 

11 ‘‘(lxv) 17α-methyl-androst-2-ene12 3,17β-diol; 

13 ‘‘(lxvi) 17α-methyl-androsta-1,4-diene14 3,17β-diol; 

15 ‘‘(lxvii) Estra-4,9,11-triene-3,17-dione; 

16 ‘‘(lxviii) 18a-Homo-3-hydroxy-estra17 2,5(10)-dien-17-one; 

18 ‘‘(lxix) 6α-Methyl-androst-4-ene-3,17- 

19 dione; 

20 ‘‘(lxx) 17α-Methyl-androstan-3- 

21 hydroxyimine-17β-ol; 

22 ‘‘(lxxi) 17α-Methyl-5α-androstan-17β23 ol; 

24 ‘‘(lxxii) 17β-Hydroxy-androstano[2,3- 

25 d]isoxazole; 


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1 ‘‘(lxxiii) 17β-Hydroxy-androstano[3,2- 

2 c]isoxazole; 

3 ‘‘(lxxiv) 4-Hydroxy-androst-4-ene4 3,17-dione[3,2-c]pyrazole-5α-androstan5 17β-ol; 

6 ‘‘(lxxv) [3,2-c]pyrazole-androst-4-en7 17β-ol; 

8 ‘‘(lxxvi) [3,2-c]pyrazole-5α-androstan9 17β-ol; and’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(C)(i) Subject to clause (ii) and the limi12 tations under section 201(i)(6), a drug or hor13 monal substance (other than estrogens, 

14 progestins, corticosteroids, and dehydroepian15 drosterone) that is not listed in subparagraph 

16 (A) and is derived from, or has a chemical 

17 structure substantially similar to, 1 or more an18 abolic steroids listed in subparagraph (A) shall 

19 be considered to be an anabolic steroid for pur20 poses of this Act if— 

21 ‘‘(I) the drug or substance has been 

22 created or manufactured with the intent of 

23 producing a drug or other substance that 

24 either— 

25 ‘‘(aa) promotes muscle growth; or 


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1 ‘‘(bb) otherwise causes a pharma2 cological effect similar to that of tes3 tosterone; or 

4 ‘‘(II) the drug or substance has been, 

5 or is intended to be, marketed or otherwise 

6 promoted in any manner suggesting that 

7 consuming it will promote muscle growth 

8 or any other pharmacological effect similar 

9 to that of testosterone. 

10 ‘‘(ii) A substance shall not be considered to 

11 be a drug or hormonal substance for purposes 

12 of this subparagraph if it— 

13 ‘‘(I) is— 

14 ‘‘(aa) an herb or other botanical; 

15 ‘‘(bb) a concentrate, metabolite, 

16 or extract of, or a constituent isolated 

17 directly from, an herb or other botan18 ical; or 

19 ‘‘(cc) a combination of 2 or more 

20 substances described in item (aa) or 

21 (bb); and 

22 ‘‘(II) is a dietary ingredient for pur23 poses of the Federal Food, Drug, and Cos24 metic Act (21 U.S.C. 301 et seq.). 


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1 ‘‘(iii) In accordance with section 515(a), 

2 any person claiming the benefit of an exemption 

3 or exception under clause (ii) shall bear the 

4 burden of going forward with the evidence with 

5 respect to such exemption or exception.’’. 

6 (b) CLASSIFICATION AUTHORITY.—Section 201 of 

7 the Controlled Substances Act (21 U.S.C. 811) is amend8 ed by adding at the end the following: 

9 ‘‘(i) TEMPORARY AND PERMANENT SCHEDULING OF

10 RECENTLY EMERGED ANABOLIC STEROIDS.— 

11 ‘‘(1) The Attorney General may issue a tem12 porary order adding a drug or other substance to 

13 the list of anabolic steroids if the Attorney General 

14 finds that— 

15 ‘‘(A) the drug or other substance satisfies 

16 the criteria for being considered an anabolic 

17 steroid under section 102(41) but is not listed 

18 in that section or by regulation of the Attorney 

19 General as being an anabolic steroid; and 

20 ‘‘(B) adding such drug or other substance 

21 to the list of anabolic steroids will assist in pre22 venting the unlawful importation, manufacture, 

23 distribution, or dispensing of such drug or other 

24 substance. 


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1 ‘‘(2) An order issued under paragraph (1) shall 

2 not take effect until 30 days after the date of the 

3 publication by the Attorney General of a notice in 

4 the Federal Register of the intention to issue such 

5 order and the grounds upon which such order is to 

6 be issued. The order shall expire not later than 24 

7 months after the date it becomes effective, except 

8 that the Attorney General may, during the pendency 

9 of proceedings under paragraph (5), extend the tem10 porary scheduling order for up to 6 months. 

11 ‘‘(3) A temporary scheduling order issued under 

12 paragraph (1) shall be vacated upon the issuance of 

13 a permanent scheduling order under paragraph (5). 

14 ‘‘(4) An order issued under paragraph (1) is 

15 not subject to judicial review. 

16 ‘‘(5) The Attorney General may, by rule, issue 

17 a permanent order adding a drug or other substance 

18 to the list of anabolic steroids if such drug or other 

19 substance satisfies the criteria for being considered 

20 an anabolic steroid under section 102(41). Such 

21 rulemaking may be commenced simultaneously with 

22 the issuance of the temporary order issued under 

23 paragraph (1).’’. 

24 (c) LABELING REQUIREMENTS.— 


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1 (1) IN GENERAL.—The Controlled Substances 

2 Act is amended by inserting after section 305 (21 

3 U.S.C. 825) the following: 

4 ‘‘SEC. 305A. OFFENSES INVOLVING FALSE LABELING OF AN5 ABOLIC STEROIDS. 

6 ‘‘(a) UNLAWFUL ACTS.— 

7 ‘‘(1) It shall be unlawful— 

8 ‘‘(A) to import into the United States or to 

9 export from the United States; 

10 ‘‘(B) to manufacture, distribute, dispense, 

11 sell, or offer to sell; or 

12 ‘‘(C) to possess with intent to manufac13 ture, distribute, dispense, sell, or offer to sell; 

14 any anabolic steroid, or any product containing an 

15 anabolic steroid, unless it bears a label clearly identi16 fying any anabolic steroid contained in such steroid 

17 or product by the nomenclature used by the Inter18 national Union of Pure and Applied Chemistry 

19 (IUPAC). 

20 ‘‘(2) A product that is the subject of an ap21 proved application as described in section 505(b), (i) 

22 or (j) of the Federal Food, Drug, and Cosmetic Act 

23 (21 U.S.C. 355(b), (i), or (j)) is exempt from the 

24 International Union of Pure and Applied Chemistry 

25 nomenclature requirement of this subsection if such 


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1 product is labeled in the manner required by the 

2 Federal Food, Drug, and Cosmetic Act. 

3 ‘‘(b) CRIMINAL PENALTIES.—Any person who vio4 lates subsection (a) knowing, intending, or having reason5 able cause to believe, that the substance or product is an 

6 anabolic steroid, or contains an anabolic steroid, shall be 

7 sentenced to a term of imprisonment of not more than 

8 10 years, a fine not to exceed the greater of that author9 ized in accordance with the provisions of title 18, United 

10 States Code, or $500,000 if the defendant is an individual 

11 or $2,500,000 if the defendant is other than an individual, 

12 or both. 

13 ‘‘(c) CIVIL PENALTIES.— 

14 ‘‘(1) Any person who violates subsection (a) 

15 shall be subject to a civil penalty as follows: 

16 ‘‘(A) In the case of an importer, exporter, 

17 manufacturer, or distributor (other than as pro18 vided in subparagraph (B)), up to $500,000 per 

19 violation. For purposes of this subparagraph, a 

20 violation is defined as each instance of importa21 tion, exportation, manufacturing, or distribu22 tion, and each anabolic steroid or product im23 ported, exported, manufactured, or distributed. 

24 ‘‘(B) In the case of a sale or offer to sell 

25 at retail, up to $25,000 per violation. For purVerDate Mar 15 2010 00:23 Jun 05, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4771.IH H4771

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1 poses of this subparagraph, each sale and each 

2 product offered for sale shall be considered a 

3 separate violation. Continued offers to sell by a 

4 person 10 or more days after written notice (in5 cluding through electronic message) to the per6 son by the Attorney General or the Secretary 

7 shall be considered additional violations. 

8 ‘‘(2) In this subsection, the term ‘product’ 

9 means a discrete article, either in bulk or in finished 

10 form prepared for sale. A number of articles, if simi11 larly packaged and bearing identical labels, shall be 

12 considered as one product, but each package size, 

13 form, or differently labeled article shall be consid14 ered a separate product. 

15 ‘‘(d) IDENTIFICATION AND PUBLICATION OF LIST OF

16 PRODUCTS CONTAINING ANABOLIC STEROIDS.— 

17 ‘‘(1) The Attorney General may, in his discre18 tion, collect data and analyze products to determine 

19 whether they contain anabolic steroids and are prop20 erly labeled in accordance with this section. The At21 torney General may publish in the Federal Register 

22 or on the website of the Drug Enforcement Adminis23 tration a list of products that he has determined, 

24 based on substantial evidence, contain an anabolic 


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1 steroid and are not labeled in accordance with this 

2 section. 

3 ‘‘(2) The absence of a product from the list re4 ferred to in paragraph (1) shall not constitute evi5 dence that the product does not contain an anabolic 

6 steroid.’’. 

7 (2) TABLE OF CONTENTS.—The table of con8 tents for the Comprehensive Drug Abuse Prevention 

9 and Control Act of 1970 is amended by inserting 

10 after the item relating to section 305 the following: 

‘‘Sec. 305A. Offenses involving false labeling of anabolic steroids.’’. 

Æ 


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