July 25, 2012 CONGRESSIONAL RECORD — SENATE S5383 

York (Mr. SCHUMER) was added as a cosponsor of S. 3429, a bill to require the 

Secretary of Veterans Affairs to establish a veterans jobs corps, and for other 

purposes. 

S. CON. RES. 50

At the request of Mr. RUBIO, the 

names of the Senator from Kansas (Mr. 

MORAN), the Senator from New Hampshire (Mrs. SHAHEEN) and the Senator 

from South Dakota (Mr. THUNE) were 

added as cosponsors of S. Con. Res. 50, 

a concurrent resolution expressing the 

sense of Congress regarding actions to 

preserve and advance the multistakeholder governance model under which 

the Internet has thrived. 

S. RES. 525

At the request of Mr. NELSON of Florida, the names of the Senator from 

Connecticut (Mr. LIEBERMAN) and the 

Senator from Illinois (Mr. DURBIN) 

were added as cosponsors of S. Res. 525, 

a resolution honoring the life and legacy of Oswaldo Paya Sardinas. 

AMENDMENT NO. 2569

At the request of Mrs. HUTCHISON, the 

names of the Senator from Tennessee 

(Mr. ALEXANDER) and the Senator from 

Wyoming (Mr. ENZI) were added as cosponsors of amendment No. 2569 intended to be proposed to S. 3412, a bill 

to amend the Internal Revenue Code of 

1986 to provide tax relief to middleclass families. 

f 

STATEMENTS ON INTRODUCED 

BILLS AND JOINT RESOLUTIONS 

By Mr. WHITEHOUSE (for himself and Mr. HATCH): 

S. 3431. A bill to amend the Controlled Substances Act to more effectively regulate anabolic steroids; to 

the Committee on the Judiciary. 

Mr. WHITEHOUSE. Mr. President, 

today I am pleased to join Senator 

HATCH in introducing the bipartisan 

Designer Anabolic Steroid Control Act 

of 2012. This measure will help keep 

American children and families safe 

from dangerous designer drugs that 

masquerade as healthy dietary supplements. This legislation is based on Senator Specter’s work in the previous 

Congress, and I thank him for his leadership on this issue. 

Doctors and scientists have long recognized the health hazards of non-medical use of anabolic steroids. For that 

reason, Congress has previously acted 

to ensure that these drugs are listed as 

controlled substances. Nonetheless, according to investigative reporting and 

Congressional testimony, a loophole in 

current law allows for designer anabolic steroids to easily be found on the 

Internet, in gyms, and even in retail 

stores. 

Designer steroids are produced by reverse engineering existing illegal 

steroids and then slightly modifying 

the chemical composition, so that the 

resulting product is not on the Drug 

Enforcement Administration’s, DEA, 

list of controlled substances. When 

taken by consumers, designer steroids 

can cause serious medical consequences, including liver injury and 

increased risk of heart attack and 

stroke. They may also lead to psychological effects such as aggression, hostility, and addiction. 

These designer products can be even 

more dangerous than traditional 

steroids because they are often untested, produced from overseas raw materials, and manufactured without quality controls. As one witness testified at 

a Crime Subcommittee hearing in the 

last Congress, ‘‘all it takes to cash in 

on the storefront steroid craze is a 

credit card to import raw products 

from China or India where most of the 

raw ingredients come from, the ability 

to pour powders into a bottle or pill 

and a printer to create shiny, glossy labels.’’ 

The unscrupulous actors responsible 

for manufacturing and selling these 

products often market them with misleading and inaccurate labels. That can 

cause consumers who are looking for a 

healthy supplement—not just elite athletes, but also high school students, 

law enforcement personnel, and mainstream Americans—to be deceived into 

taking these dangerous products. 

Loopholes in existing law allow these 

dangerous designer steroids to evade 

regulation. Under current law, in order 

to classify new substances as steroids, 

the DEA must complete a burdensome 

and time-consuming series of chemical 

and pharmacological testing. As a DEA 

official testified before Congress: ‘‘in 

the time that it takes DEA to administratively schedule an anabolic steroid 

used in a dietary supplement product, 

several new products can enter the 

market to take the place of those products.’’ 

The Designer Anabolic Steroid Control Act of 2012 would quickly protect 

consumers from these dangerous products. First, it would immediately place 

27 known designer anabolic steroids on 

the list of controlled substances. Second, it would grant the DEA authority 

to temporarily schedule new designer 

steroids on the controlled substances 

list, so that if bad actors develop new 

variations, these products can be removed from the market. Third, it 

would create new penalties for importing, manufacturing, or distributing anabolic steroid’s under false labels. 

Senator HATCH and I have worked 

closely with a range of consumer and 

industry organizations to ensure that 

this legislation would not interfere 

with consumers’ access to legitimate 

dietary supplements. I am pleased that 

the measure has been endorsed by the 

United States Anti-Doping Agency, the 

Alliance for Natural Health, the Council for Responsible Nutrition, the 

American Herbal Products Association, 

the Natural Products Association, the 

Consumer Health Products Association, and the United Natural Products 

Alliance. 

I thank these organizations for their 

support, and look forward to working 

with them, with Senator HATCH, and 

with colleagues from both sides of the 

aisle to enact this common sense measure into law. 

Mr. President, I ask unanimous consent that letters of support be printed 

in the RECORD. 

There being no objection, the material was ordered to be printed in the 

RECORD as follows: 

AMERICAN HERBAL PRODUCTS

ASSOCIATION, 

Silver Spring, MD, July 23, 2012. 

Hon. ORRIN HATCH, 

U.S. Senate, 

Washington, DC. 

Hon. SHELDON WHITEHOUSE, 

U.S. Senate, 

Washington, DC. 

DEAR SENATORS HATCH AND WHITEHOUSE, 

This letter is to communicate to you the 

support of the American Herbal Products Association (AHPA) for your pending legislation, the Designer Anabolic Steroid Control 

Act of 2012. AHPA recognizes the need to 

more effectively regulate anabolic steroids, 

as this bill’s amendment of the Controlled 

Substances Act would do. The expanded controls on these substances that would be implemented by your legislation would protect 

consumers by better ensuring that these are 

not misrepresented as legitimate dietary 

supplements, when clearly they are not. 

Please do not hesitate to contact me if 

there is anything that AHPA and its members can do to assist in the passage of this 

important legislation. 

Sincerely, 

MICHAEL MCGUFFIN, 

President. 

NATURAL PRODUCTS ASSOCIATION, 

Washington, DC, July 23, 2012. 

Hon. ORRIN HATCH, 

U.S. Senate, 

Washington, DC. 

SENATOR HATCH, I write today on behalf of 

the Natural Products Association (NPA) to 

thank you for introducing the Designer Anabolic Steroid Control Act of 2012 (DASCA). 

As the leading representative of the dietary 

supplement industry with over 1,900 members, including suppliers and retailers of vitamins and other dietary supplements, NPA 

works to ensure that consumers have access 

to safe dietary supplements. We believe that 

this bill will make the marketplace safer. 

Our support for this legislation demonstrates NPA’s commitment to removing 

anabolic steroids, which are not dietary ingredients, from the market. NPA has worked 

in conjunction with the FDA to bring attention to spiked products masquerading as dietary supplements. This bill helps protect 

consumers who believe they are purchasing 

‘‘legal’’ supplements but may suffer health 

effects from steroid use. 

Even with the passage of the Anabolic 

Steroid Control Act of 2004, the Drug Enforcement Administration (DEA) has removed very few substances. The DEA has to 

follow a strict set of testing standards to 

schedule a substance and remove it from the 

market. This process can take up to three 

years to complete; but while this process is 

taking place, the products remain on the 

market. This bill gives the DEA the power to 

temporarily remove products from the market while testing is completed, giving them 

the ability to stay ahead of the individuals 

who are creating these designer drugs. 

Thank you for introducing this important 

legislation and your tireless work on behalf 

of the dietary supplement industry. 

Regards, 

JOHN SHAW, 

NPA Executive Director and CEO. 


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S5384 CONGRESSIONAL RECORD — SENATE July 25, 2012 

COUNCIL FOR RESPONSIBLE NUTRITION, 

July 20, 2012. 

Re Designer Anabolic Steroid Control Act 

(DASCA). 

Hon. ORRIN HATCH, 

U.S. Senate, 

Washington, DC. 

Hon. SHELDON WHITEHOUSE, 

U.S. Senate, 

Washington, DC. 

DEAR SENATORS HATCH AND WHITEHOUSE: 

On behalf of the Council for Responsible Nutrition (CRN) 1 and its members, I am writing 

to express our support for the Designer Anabolic Steroid Control Act (DASCA). We want 

to thank you both for your commitment to 

providing the Drug Enforcement Administration (DEA) with new authority to place designer anabolic steroids on the Controlled 

Substance Schedules more expeditiously and 

providing that agency with new tools to 

quickly respond when new anabolic substances are introduced. This legislation will 

provide DEA with new enforcement tools to 

prosecute irresponsible and disreputable 

companies that develop and market anabolic 

steroids as products labeled as dietary supplements. Your efforts in this regard are 

laudable, and CRN stands in support of your 

legislation. 

Misbranded products that contain designer 

anabolic steroids present serious health risks 

to consumers, particularly young men who 

are unaware of the dangers of anabolic steroid use. Maintaining the trust of consumers 

in the safety and benefit of dietary supplements is essential to preserving a vibrant 

market for legitimate dietary supplements. 

Currently, unscrupulous companies can design these illicit substances and illegally introduce them into the dietary supplement 

marketplace before DEA can demonstrate 

their anabolic effects and declare them controlled substances under the present law. We 

believe DASCA’s provisions will go a long 

way to help DEA more quickly identify and 

restrict new designer anabolic steroids by declaring them to be ‘‘controlled substances.’’ 

It will allow DEA to target substances whose 

chemical structures mimic other anabolic 

steroids and whose manufacturers and marketers promote their anabolic or musclebuilding effects. This legislation will assuage 

concerns of Americans who use sports supplements, and foster an even greater working 

relationship between FDA, DEA and responsible, mainstream industry. DASCA is strong 

step forward, adding teeth to prevention and 

enforcement efforts in the battle against 

steroid abuse. 

CRN understands that you intend to request this legislation be referred to the Senate Judiciary Committee, whose jurisdiction 

traditionally handles DEA and controlled 

substance issues. We hope the committee 

will give the legislation expedient and 

thoughtful consideration on its way to passage by the full Senate, and are eager to 

work with your office to ensure that the Judiciary Committee understands the concerns 

of industry and consumers that have led to 

this bill. CRN stands ready to work with you 

and all of Congress to deliver a strong bill to 

the President. 

Please don’t hesitate to contact me or 

Mike Greene on my staff at 202–204–7690 or 

mgreene@crnusa.org if CRN may be of any 

assistance in your endeavors. 

Best regards, 

STEVE MISTER, 

President and CEO. 

UNITED NATURAL PRODUCTS ALLIANCE, 

Salt Lake city, UT, July 23, 2012. 

Hon. SHELDON WHITEHOUSE, 

Hon. ORRIN HATCH, 

U.S. Senate, 

Washington, DC. 

DEAR SENATORS WHITEHOUSE AND HATCH: 

Thank you for your considerable efforts to 

draft the ‘‘Designer Anabolic Steroid Control 

Act of 2012’’ and to close loopholes that 

might allow continued sale of anabolic 

steroids, steroid lookalikes or steroid precursors—all of which are a significant threat 

to public health. We greatly commend your 

work. 

The United Natural Products Alliance has 

appreciated the opportunity to work with 

you in developing this bill. As you know, 

sale of the products it would address are a 

significant concern to our members who believe, quite simply, these products should be 

outlawed. 

We have reviewed your most recent legislation and wanted to advise you we are completely in support of the goals of this legislation. We do have minor drafting concerns, 

which have been shared with your staff, and 

we appreciate their commitment to address 

these issues as the legislation moves forward. 

Thank you again for your work on this important issue. 

Kind regards, 

LOREN ISRAELSEN, 

Executive Director. 

CONSUMERS HEALTHCARE

PRODUCTS ASSOCIATION, 

Washington, DC, July 23, 2012. 

Hon. SHELDON WHITEHOUSE, 

Senate Committee on the Judiciary, 

Washington, DC. 

Hon. ORRIN HATCH, 

Senate Committee on the Judiciary, 

Washington, DC. 

DEAR SENATORS WHITEHOUSE AND HATCH: 

On behalf of the more than 200 members of 

the Consumer Healthcare Products Association, the 131-year-old trade association representing the leading U.S. manufacturers 

and distributors of over-the-counter (OTC) 

medicines and dietary supplements, thank 

you for sponsoring the Designer Anabolic 

Steroid Control Act (DASCA). 

This important legislation would designate 

additional chemicals as anabolic steroids, 

and increase the penalties for violators of 

anabolic steroid labeling laws, specifically 

those rogue supplement manufacturers that 

‘‘spike’’ their products with anabolic 

steroids and attempt to pass them off as dietary supplements. We applaud introduction 

of this legislation to further protect the public health of our citizens, and pledge to work 

closely with you and your staff to advance 

this bill. 

Please do not hesitate to call on us if you 

need any assistance, and thank you, again, 

for your leadership on this important issue. 

Sincerely, 

SCOTT M. MELVILLE, 

President and CEO. 

ALLIANCE FOR NATURAL HEALTH USA, 

Washington, DC, July 23, 2012. 

Hon. ORRIN HATCH, 

United States Senate, 

Washington, DC. 

DEAR SENATOR HATCH: The Alliance for 

Natural Health USA strongly supports the 

Designer Anabolic Steroid Control Act 

(DASCA) of 2012. Not only are anabolic 

steroids masquerading as nutritional supplements illegal, they also risk the health of 

those who use them, and tarnish the reputation of the dietary supplement industry. The 

harm from these steroid-tainted supplements 

is real. Health risks include serious liver injury, stroke, kidney failure, and pulmonary 

embolism. 

It is clear that the complex and cumbersome regulatory system has failed to stop 

designer anabolic steroids. We understand 

that your bill closes the loopholes in laws 

that currently allow the creation and easy 

distribution of anabolic steroids 

masquerading as dietary supplements. 

We are thankful for the opportunity to discuss the bill with your staff, and support its 

passage. 

Sincerely, 

GRETCHEN DUBEAU, 

Executive and Legal Director. 

UNITED STATES ANTI-DOPING AGENCY, 

Colorado Springs, CO, July 23, 2012. 

Senator ORRIN G. HATCH, 

Hart Senate Office Building, 

Washington, DC. 

Senator SHELDON WHITEHOUSE, 

Hart Senate Office Building, 

Washington, DC. 

DEAR SENATOR HATCH AND SENATOR WHITEHOUSE: On behalf of the United States AntiDoping Agency (‘‘USADA’’), I am writing to 

express our full support for the Designer Anabolic Control Steroid Act of 2012. As the 

Congressionally recognized independent 

anti-doping agency for the U.S. Olympic, 

Paralympic and Pan American movement, 

USADA represents literally millions of participants including athletes, coaches and 

sports organizers who want to ensure sport 

in this country continues to be a teacher of 

life lessons for participants at all ages, is 

safe and drug free and that clean athletes 

can compete and win without having to resort to using dangerous performance enhancing drugs. 

As we have seen over the last few years the 

current law regulating dietary supplements 

has been exploited by rogue manufacturers 

who have produced and sold products 

masquerading as otherwise safe and legitimate dietary supplements that are not but 

are in fact illegal products containing 

steroids and other prohibited performance 

enhancing drugs. This legislation is important to USADA and our mission in order to 

close this loophole and ensure these fly-bynight operations cannot easily and without 

risk continue to produce these products. 

We greatly appreciate your efforts in drafting and introducing the Designer Anabolic 

Steroid Control Act of 2012 and look forward 

to assisting you in any way possible to 

achieve its passage into law at the earliest 

opportunity. 

Sincerely, 

TRAVIS T. TYGART, 

Chief Executive Officer. 

Mr. HATCH. Mr. President, I am 

pleased to cosponsor the Designer Anabolic Steroid Control Act of 2012, 

DASCA, introduced by Senator WHITEHOUSE. The use of anabolic steroids or 

dietary supplements that contain designer steroids may trigger numerous 

adverse health effects, and thus Congress has passed legislation over the 

years to address these chemicals. 

The Drug Enforcement Agency, DEA, 

continues to investigate and uncover 

dietary supplement products that contain either controlled anabolic steroids 

or designer steroids that are structurally similar to testosterone. In the 

tin that it takes the DEA to administratively schedule an anabolic steroid 

used in a dietary supplement product, 

several new products can enter the 

market to take its place. Certain individuals have taken advantage of this 


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July 25, 2012 CONGRESSIONAL RECORD — SENATE S5385 

lengthy DEA administrative process by 

continuing to create and market new 

derivative products by substituting and 

altering the testosterone molecule and 

then marketing them as ‘‘dietary supplements.’’ Very often, these new formulations have not been adequately 

tested. 

I worked in the previous Congress on 

legislation to address this issue and 

continued that work with Senator 

WHITEHOUSE to develop a bill that 

would amend the Controlled Substances Act to expand the list of substances defined as anabolic steroids, 

and authorize the Attorney General to 

issue a temporary order adding a drug 

or substance to the list of anabolic 

steroids. The bill would also create new 

criminal and civil penalties for importing, manufacturing, or selling any 

product containing an anabolic steroid 

unless it bears a label clearly identifying the chemicals contained in the 

product. 

This bill is supported by American 

Herbal Products Association, AHPA, 

Natural Products Association, NPA, 

Council for Responsible Nutrition, 

CRN, United Natural Products Alliance, UNPA, Consumer Healthcare 

Products Association, CHPA, Alliance 

for Natural Health, ANH, and the U.S. 

Anti-Doping Agency, USADA. 

By Ms. SNOWE (for herself and 

Mr. WARNER): 

S. 3433. A bill to require a radio spectrum inventory of bands managed by 

the Federal Communications Commission and the National Telecommunications & Information Administration; 

to the Committee on Commerce, 

Science, and Transportation. 

Ms. SNOWE. Mr. President, I rise 

today, along with Senator WARNER, to 

reintroduce the Radio Spectrum Inventory Act. Simply put, in order to make 

more spectrum available to meet the 

growing demand for wireless broadband 

and other radio-based services, decision 

makers at the FCC, NTIA, and Congress must have a clear, detailed, upto-date understanding of how spectrum 

is currently being used and by whom— 

data essential to sound policy decisions. 

Specifically, the Radio Spectrum Inventory Act directs the National Telecommunications and Information Administration, NTIA, the Federal Communications Commission, FCC, with 

assistance from the Office of Science 

and Technology, to create a comprehensive and accurate inventory of 

each spectrum band, at a minimum, between 300 Megahertz to 6.5 Gigahertz. 

The information collected would include the licenses assigned in that 

band, number and type of end-user devices deployed, amount of deployed infrastructure, type of missions and activities supported in the band, as well 

as any relevant unlicensed end user devices operating in the band. This information is fundamental to constructing 

a comprehensive framework for spectrum policy. 

The Radio Spectrum Inventory Act 

also provides more transparency related to spectrum use by creating a 

centralized website or portal that 

would include relevant spectrum and 

license information accessible by the 

public. Given that radio spectrum is a 

public good, we are obligated to provide the public more clarity and accountability on how it is being utilized 

by both Federal and non-Federal licensees. But let me be clear, given the 

sensitive nature of some spectrum assignments and allocations, this bill 

makes the appropriate disclosure exceptions for spectrum utilized or reserved for national security and public 

safety activities. 

A comprehensive inventory is a critical step in reforming our spectrum 

policy and management. The FCC manages over 2 million active licenses and 

NTIA administers more than 450,000 

frequency assignments. And while I appreciate the FCC’s effort in conducting 

a ‘‘baseline’’ inventory and NTIA’s 

evaluation—both the fast track and ten 

year plan—I do not believe they are 

sufficient substitutes to conducting a 

full inventory since those efforts were 

limited in scope and seemingly didn’t 

capture or make available more detailed data on spectrum use. 

In addition, there has been a growing 

call for a comprehensive spectrum inventory from Members of Congress, 

former FCC officials, and industry— 

even the House Energy & Commerce 

Committee bipartisan Federal Spectrum Working Group requested what 

amounts to a complete inventory of 

Federal frequency assignments between 300 MHz and 3 GHz. But if we are 

to examine Federal use, we must also 

look at non-Federal use in order to 

gain a truly comprehensive picture and 

understanding of the heterogeneous 

spectrum ecosystem. 

The ultimate goals this legislation 

sets the path towards achieving are to 

implement more efficient use of spectrum and to locate additional spectrum 

to meet the future demands of all spectrum users—commercial, Federal, and 

military. A comprehensive inventory 

would yield a significant amount more 

of data that would be extremely useful 

for conducting measurements, implementing more robust management, and 

developing greater strategic planning 

of spectrum resources. 

With the enactment of P.L. 112–96 

earlier this year, Congress took a notable but incremental step in an effort to 

free up additional spectrum to meet 

the growing demand of wireless 

broadband. As I have stated before, I 

believe more can and must be done to 

meet the future needs of all spectrum 

users and properly address existing 

spectrum challenges. This includes a 

comprehensive spectrum inventory, 

more strategic and longterm planning 

of spectrum resources, and greater collaboration between the FCC and NTIA. 

In addition, we must also continually 

promote more investment in infrastructure and foster greater technical 

innovation. That is why I sincerely 

hope that my colleagues join Senator 

WARNER and me in supporting this critical legislation and continuing our 

focus on implementing spectrum reform. 

By Ms. SNOWE (for herself and 

Mr. WARNER): 

S. 3439. A bill to amend title 40, 

United States Code, to direct the Administrator of General Services to install Wi-Fi hotspots and wireless neutral host systems in all Federal buildings in order to improve in-building 

wireless communications coverage and 

commercial network capacity by offloading wireless traffic onto wireline 

broadband networks; to the Committee 

on Environment and Public Works. 

Ms. SNOWE. Mr. President, I rise 

today, along with Senator WARNER, to 

reintroduce pro-consumer wireless legislation, which will improve wireless 

coverage indoors. Specifically, the Federal Wi-Net Act would require the installation of small wireless base stations, such as femtocells or similar 

technologies, and Wi-Fi hot-spots in all 

publicly accessible Federal buildings to 

improve wireless coverage and network 

capacity. 

Over the past several years, there has 

been growing concern about a looming 

spectrum crisis given the significant 

growth in the wireless industry. Currently, there are more than 331 million 

wireless subscribers in the U.S., and 

American consumers used more than 

2.3 trillion minutes in 2010—that is 

more than 6.4 billion minutes per day. 

And while the foundation for wireless 

services has been voice communication, more subscribers are utilizing it 

for broadband. According to Cisco, 

global mobile data traffic grew 159 percent in 2010, nearly tripling for the 

third year in a row. That growth is 

only expected to continue—there is expected to be over seven billion mobile 

devices globally by 2015 producing more 

than six exabytes per month. To put it 

in context, all the words ever spoken 

by human beings would equate to five 

exabytes worth of data. 

To meet this growing demand, a 

multi-faceted solution is required that 

includes fostering technological advancement and more robust spectrum 

management. Technologies, such as 

femtocells, distributed antenna system, DAS, and Wi-Fi hotspots, will 

help alleviate growing wireless demand 

by offloading that traffic onto wireline 

broadband networks. The Chairman of 

the Federal Communications Commission recently announced plans to open 

a proceeding on utilizing small cells in 

the 3.5 GHz band. And a recent spectrum report by the President’s Council 

of Advisors on Science and Technology, 

PCAST, highlighted how reducing cell 

sizes of wireless networks to femtocell 

or Wi-Fi ranges could provide 400 times 

as much aggregate network capacity 

than current macro cells network 

topologies. 

To that point, the need is there—approximately 40 percent of cell phone 


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