,,ii #aacth ,,congress #b;d ,session ,s4 #bjab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #aa1 #bjad ,mr4 ,whitehouse 7for himself and ,mr4 ,hatch7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,controlled ,substances ,act to more effectively regulate anabolic steroids4 #a4 ,short title ,this ,act may be cited as the ,designer ,anabolic ,steroid ,control ,act of #bjad4 #b4 ,amendments to the ,controlled ,substances ,act 7a7 ,definitions ,section #ajb7da7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7da77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7xlix71 by striking and at the end2 7,b7 by redesignating clause 7xlx7 as clause 7lxxvii72 and 7,c7 by inserting after clause 7xlix7 the following3 7l7 #e-;,androstan-#c1f1ag-trione2 7li7 ,androst-#d-;ene-#c1f1ag-trione2 7lii7 ,androsta-#a1d1f-triene-#c1ag-;dione2 7liii7 #f-;bromo-androstan-#c1ag-;dione2 7liv7 #f-;bromo-androsta-#a1d-;diene-#c1ag-;di one2 7lv7 #d-;chloro-#ag-methyl-androsta-#a1d-;die ne-#c1ag-;diol2 7lvi7 #d-;chloro-#ag-methyl-androst-#d-;ene-#c 1ag-;diol2 7lvii7 #d-;chloro-#ag-methyl-#ag-;hydroxy-andro st-#d-;en-#c-one2 7lviii7 #d-;chloro-#ag-methyl-#ag-;hydroxy-andro st-#d-;ene-#c1aa-;dione2 7lix7 #d-;chloro-#ag-methyl-androsta-#a1d-;die ne-#c1ag-;diol2 7lx7 #b1ag-;dimethyl-#ag-;hydroxy-#e-;androst an-#c-one2 7lxi7 #b1ag-;dimethyl-#ag-;hydroxy-#e-;androst an-#c-one2 7lxii7 #b1c-;epithio-#ag-methyl-#e-;androstan-# ag-ol2 7lxiii7 #c1b-;c-furazan-#e-;androstan-#ag-ol2 7lxiv7 #c-;hydroxy-estra-#d1i1aa-trien-#ag-one2 7lxv7 #ag-methyl-androst-#b-;ene-#c1ag-;diol2 7lxvi7 #ag-methyl-androsta-#a1d-;diene-#c1ag-;d iol2 7lxvii7 ,estra-#d1i1aa-triene-#c1ag-;dione2 7lxviii7 #ah;a-,homo-#c-;hydroxy-estra-#b1e7aj7-; dien-#ag-one2 7lxix7 #f-,methyl-androst-#d-;ene-#c1ag-;dione2 7lxx7 #ag-,methyl-androstan-#c-;hydroxyimine-# ag-ol2 7lxxi7 #ag-,methyl-#e-;androstan-#ag-ol2 7lxxii7 #ag-;,hydroxy-androstano#b1c-;disoxazole 2 7lxxiii7 #ag-;,hydroxy-androstano#c1b-;cisoxazole 2 7lxxiv7 #d-;,hydroxy-androst-#d-;ene-#c1ag-;dion e#c1b-;cpyrazole-#e-;androstan-#ag-ol2 7lxxv7 #c1b-;cpyrazole-androst-#d-;en-#ag-ol2 7lxxvi7 #c1b-;cpyrazole-#e-;androstan-#ag-ol2 and 2 and 7#b7 by adding at the end the following3 7,c7 7i7 ,subject to clause 7ii7 and the limitations under section #bja7;i77#f71 a drug or hormonal substance 7other than estrogens1 progestins1 corticosteroids1 and dehydroepiandrosterone7 that is not listed in subparagraph 7,a7 and is derived from1 or has a chemical structure substantially similar to1 #a or more anabolic steroids listed in subparagraph 7,a7 shall be considered to be an anabolic steroid for purposes of this ,act if-- 7,i7 the drug or substance has been created or manufactured with the intent of producing a drug or other substance that either-- 7aa7 promotes muscle growth2 or 7bb7 otherwise causes a pharmacological effect similar to that of testosterone2 or 7,,ii7 the drug or substance has been1 or is intended to be1 marketed or otherwise promoted in any manner suggesting that consuming it will promote muscle growth or any other pharmacological effect similar to that of testosterone4 7ii7 ,a substance shall not be considered to be a drug or hormonal substance for purposes of this subparagraph if it-- 7,i7 is-- 7aa7 an herb or other botanical2 7bb7 a concentrate1 metabolite1 or extract of1 or a constituent isolated directly from1 an herb or other botanical2 or 7cc7 a combination of #b or more substances described in item 7aa7 or 7bb72 and 7,,ii7 is a dietary ingredient for purposes of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq474 7iii7 ,in accordance with section #eae7;a71 any person claiming the benefit of an exemption or exception under clause 7ii7 shall bear the burden of going forward with the evidence with respect to such exemption or exception4 4 7b7 ,classification authority ,section #bja of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #haa7 is amended by adding at the end the following3 7i7 ,temporary and permanent scheduling of recently emerged anabolic steroids 7#a7 ,the ,attorney ,general may issue a temporary order adding a drug or other substance to the list of anabolic steroids if the ,attorney ,general finds that-- 7,a7 the drug or other substance satisfies the criteria for being considered an anabolic steroid under section #ajb7da7 but is not listed in that section or by regulation of the ,attorney ,general as being an anabolic steroid2 and 7,b7 adding such drug or other substance to the list of anabolic steroids will assist in preventing the unlawful importation1 manufacture1 distribution1 or dispensing of such drug or other substance4 7#b7 ,an order issued under paragraph 7#a7 shall not take effect until #cj 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 issued4 ,the order shall expire not later than #bd months after the date it becomes effective1 except that the ,attorney ,general may1 during the pendency of proceedings under paragraph 7#e71 extend the temporary scheduling order for up to #f months4 7#c7 ,a temporary scheduling order issued under paragraph 7#a7 shall be vacated upon the issuance of a permanent scheduling order under paragraph 7#e74 7#d7 ,an order issued under paragraph 7#a7 is not subject to judicial review4 7#e7 ,the ,attorney ,general may1 by rule1 issue a permanent order adding a drug or other substance to the list of anabolic steroids if such drug or other substance satisfies the criteria for being considered an anabolic steroid under section #ajb7da74 ,such rulemaking may be commenced simultaneously with the issuance of the temporary order issued under paragraph 7#a74 7#f7 ,if a drug or other substance has not been temporarily or permanently added to the list of anabolic steroids pursuant to this subsection1 the drug or other substance shall be considered an anabolic steroid if in any criminal1 civil1 or administrative proceeding arising under this ,act it has been determined in such proceeding1 based on evidence presented in the proceeding1 that the substance satisfies the criteria for being considered an anabolic steroid under paragraph 7#da77;,a71 7#da77;,c77i71 or 7#da77;,c77ii7 of section #ajb4 4 7c7 ,labeling requirements 7#a7 ,in general ,the ,controlled ,substances ,act is amended by inserting after section #cje 7#ba ,u4,s4,c4 #hbe7 the following3 #cje;,a4 ,offenses involving false labeling of anabolic steroids 7a7 ,unlawful acts 7#a7 ,it shall be unlawful-- 7,a7 to import into the ,united ,states or to export from the ,united ,states2 7,b7 to manufacture1 distribute1 dispense1 sell1 or offer to sell2 or 7,c7 to possess with intent to manufacture1 distribute1 dispense1 sell1 or offer to sell2 any anabolic steroid1 or any product containing an anabolic steroid1 unless it bears a label clearly identifying any anabolic steroid contained in such steroid or product by the nomenclature used by the ,international ,union of ,pure and ,applied ,chemistry 7,,iupac74 7#b7 ,a product that is the subject of an approved application as described in section #eje7;b71 7i7 or 7j7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cee7;b71 7i71 or 7j77 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 by the ,federal ,food1 ,drug1 and ,cosmetic ,act4 7b7 ,criminal penalties ,any person who violates subsection 7a7 knowing1 intending1 or having reasonable cause to believe1 that the substance or product is an anabolic steroid1 or contains an anabolic steroid1 shall be sentenced to a term of imprisonment of not more than #aj years1 a fine not to exceed the greater of that authorized in accordance with the provisions of title #ah1 ,united ,states ,code1 or #ejj1jjj if the defendant is an individual or #b1ejj1jjj if the defendant is other than an individual1 or both4 7c7 ,civil penalties 7#a7 ,any person who violates subsection 7a7 shall be subject to a civil penalty as follows3 7,a7 ,in the case of an importer1 exporter1 manufacturer1 or distributor 7other than as provided in subparagraph 7,b771 up to #ejj1jjj per violation4 ,for purposes of this subparagraph1 a violation is defined as each instance of importation1 exportation1 manufacturing1 or distribution1 and each anabolic steroid or product imported1 exported1 manufactured1 or distributed4 7,b7 ,in the case of a sale or offer to sell at retail1 up to #be1jjj per violation4 ,for purposes of this subparagraph1 each sale and each product offered for sale shall be considered a separate violation4 ,continued offers to sell by a person #aj or more days after written notice 7including through electronic message7 to the person by the ,attorney ,general or the ,secretary shall be considered additional violations4 7#b7 ,in this subsection1 the term product means a discrete article1 either in bulk or in finished form prepared for sale4 ,a number of articles1 if similarly packaged and bearing identical labels1 shall be considered as one product1 but each package size1 form1 or differently labeled article shall be considered a separate product4 7d7 ,identification and publication of list of products containing anabolic steroids 7#a7 ,the ,attorney ,general may1 in his discretion1 collect data and analyze products to determine whether they contain anabolic steroids and are properly labeled in accordance with this section4 ,the ,attorney ,general may publish in the ,federal ,register or on the website of the ,drug ,enforcement ,administration a list of products that he has determined1 based on substantial evidence1 contain an anabolic steroid and are not labeled in accordance with this section4 7#b7 ,the absence of a product from the list referred to in paragraph 7#a7 shall not constitute evidence that the product does not contain an anabolic steroid4 4 7#b7 ,table of contents ,the table of contents for the ,comprehensive ,drug ,abuse ,prevention and ,control ,act of #aigj is amended by inserting after the item relating to section #cje the following3 ,sec4 #cje;,a4 ,offenses involving false labeling of anabolic steroids4 4 #c4 ,sentencing commission guidelines ,the ,united ,states ,sentencing ,commission shall-- 7#a7 review and amend the ,federal sentencing guidelines with respect to offenses involving anabolic steroids1 including the offenses under section #cje;,a of the ,controlled ,substance ,act1 as added by section #b2 7#b7 amend the ,federal sentencing guidelines1 including notes to the drug quantity tables1 to provide clearly that in a case involving an anabolic steroid not in a tablet1 capsule1 liquid1 or other form where dosage can be readily ascertained 7such as a powder1 topical cream1 gel1 or aerosol71 the sentence shall be determined based on the entire weight of the mixture or substance2 7#c7 amend the applicable guidelines by designating quantities of mixture or substance that correspond to a unit so that offenses involving such forms of anabolic steroids are penalized at least as severely as offenses involving forms whose dosage can be readily ascertained2 and 7#d7 take such other action as the ,commission considers necessary to carry out this ,act and this section4 #d4 ,congressional oversight ,the ,administrator of the ,drug ,enforcement ,administration shall report to ,congress every #b years-- 7#a7 what anabolic steroids have been scheduled on a temporary basis under the provisions of this ,act2 and 7#b7 the findings and conclusions that led to such scheduling4