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 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).''.
