[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 980 Reported in Senate (RS)]






                                                       Calendar No. 617
110th CONGRESS
  2d Session
                                 S. 980

  To amend the Controlled Substances Act to address online pharmacies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2007

Mrs. Feinstein (for herself, Mr. Sessions, Mr. Biden, Mr. Coleman, Mr. 
 Leahy, and Mr. Cornyn) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

                             March 12, 2008

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To amend the Controlled Substances Act to address online pharmacies.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Online Pharmacy Consumer 
Protection Act of 2007''.</DELETED>

<DELETED>SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT RELATING 
              TO THE DELIVERY OF CONTROLLED SUBSTANCES BY MEANS OF THE 
              INTERNET.</DELETED>

<DELETED>    (a) In General.--Section 102 of the Controlled Substances 
Act (21 U.S.C. 802) is amended by adding at the end the 
following:</DELETED>
        <DELETED>    ``(47) The term `Internet' means collectively the 
        myriad of computer and telecommunications facilities, including 
        equipment and operating software, which comprise the 
        interconnected worldwide network of networks that employ the 
        Transmission Control Protocol/Internet Protocol, or any 
        predecessor or successor protocol to such protocol, to 
        communicate information of all kinds by wire or 
        radio.</DELETED>
        <DELETED>    ``(48) The term `deliver, distribute, or dispense 
        by means of the Internet' refers, respectively, to any 
        delivery, distribution, or dispensing of a controlled substance 
        that is caused or facilitated by means of the 
        Internet.</DELETED>
        <DELETED>    ``(49) The term `online pharmacy'--</DELETED>
                <DELETED>    ``(A) means a person, entity, or Internet 
                site, whether in the United States or abroad, that 
                delivers, distributes, or dispenses, or offers to 
                deliver, distribute, or dispense, a controlled 
                substance by means of the Internet; and</DELETED>
                <DELETED>    ``(B) does not include--</DELETED>
                        <DELETED>    ``(i) manufacturers or 
                        distributors registered under subsection (a), 
                        (b), (c), or (d) of section 303 who do not 
                        dispense controlled substances;</DELETED>
                        <DELETED>    ``(ii) nonpharmacy practitioners 
                        who are registered under section 
                        303(f);</DELETED>
                        <DELETED>    ``(iii) mere advertisements that 
                        do not attempt to facilitate an actual 
                        transaction involving a controlled substance; 
                        or</DELETED>
                        <DELETED>    ``(iv) a person, entity, or 
                        Internet site which is not in the United States 
                        and does not facilitate the delivery, 
                        distribution, or dispensing of a controlled 
                        substance by means of the Internet to any 
                        person in the United States.</DELETED>
        <DELETED>    ``(50) The term `homepage' means the first page of 
        the website of an online pharmacy that is viewable on the 
        Internet.''.</DELETED>
<DELETED>    (b) Registration Requirements.--Section 303 of the 
Controlled Substances Act (21 U.S.C. 823) is amended by adding at the 
end the following new subsection:</DELETED>
<DELETED>    ``(i) Dispenser of Controlled Substances by Means of the 
Internet.--(1) A pharmacy that seeks to deliver, distribute, or 
dispense by means of the Internet a controlled substance shall obtain a 
registration specifically authorizing such activity, in accordance with 
regulations promulgated by the Attorney General. In determining whether 
to grant an application for such registration, the Attorney General 
shall apply the factors set forth in subsection (f).</DELETED>
<DELETED>    ``(2) Registration under this subsection shall be in 
addition to, and not in lieu of, registration under subsection 
(f).</DELETED>
<DELETED>    ``(3) This subsection does not apply to pharmacies that 
merely advertise by means of the Internet but do not attempt to 
facilitate an actual transaction involving a controlled substance by 
means of the Internet.''.</DELETED>
<DELETED>    (c) Reporting Requirements.--Section 307(d) of the 
Controlled Substances Act (21 U.S.C. 827(d)) is amended by--</DELETED>
        <DELETED>    (1) designating the text as paragraph (1); 
        and</DELETED>
        <DELETED>    (2) inserting after paragraph (1), as so 
        designated by this Act, the following new paragraph:</DELETED>
<DELETED>    ``(2) A pharmacy registered under section 303(i) shall 
report to the Attorney General the controlled substances dispensed 
under such registration, in such manner and accompanied by such 
information as the Attorney General by regulation shall 
require.''.</DELETED>
<DELETED>    (d) Online Prescription Requirement.--Section 309 of the 
Controlled Substances Act (21 U.S.C. 829) is amended by adding at the 
end the following new subsection:</DELETED>
<DELETED>    ``(e) Controlled Substances Dispensed by Means of the 
Internet.--(1) As used in this subsection--</DELETED>
        <DELETED>    ``(A) the term `valid prescription' means a 
        prescription that is issued for a legitimate medical purpose in 
        the usual course of professional practice that is based upon a 
        qualifying medical relationship by a practitioner registered by 
        the Attorney General under this part;</DELETED>
        <DELETED>    ``(B) the term `qualifying medical relationship'--
        </DELETED>
                <DELETED>    ``(i) means a medical relationship that 
                exists when the practitioner--</DELETED>
                        <DELETED>    ``(I) has conducted at least one 
                        medical evaluation with the user in the 
                        physical presence of the practitioner, without 
                        regard to whether portions of the evaluation 
                        are conducted by other health professionals; 
                        or</DELETED>
                        <DELETED>    ``(II) conducts a medical 
                        evaluation of the patient as a covering 
                        practitioner and is not prescribing a 
                        controlled substance in schedule II, III, or 
                        IV; and</DELETED>
                <DELETED>    ``(ii) shall not be construed to imply 
                that one medical evaluation described in clause (i) 
                demonstrates that a prescription has been issued for a 
                legitimate medical purpose within the usual course of 
                professional practice; and</DELETED>
        <DELETED>    ``(C) the term `covering practitioner' means, with 
        respect to a patient, a practitioner who conducts a medical 
        evaluation, without regard to whether the medical evaluation of 
        the patient involved is an in-person evaluation, at the request 
        of a practitioner who has conducted at least one in-person 
        medical evaluation of the patient and is temporarily 
        unavailable to conduct the evaluation of the patient.</DELETED>
<DELETED>    ``(2) In addition to the requirements of subsections (a) 
through (c), no controlled substance may be delivered, distributed, or 
dispensed by means of the Internet without a valid 
prescription.</DELETED>
<DELETED>    ``(3) Nothing in this subsection shall apply to--
</DELETED>
        <DELETED>    ``(A) the dispensing of a controlled substance 
        pursuant to telemedicine practices sponsored by--</DELETED>
                <DELETED>    ``(i) a hospital that has in effect a 
                provider agreement under title XVIII of the Social 
                Security Act; or</DELETED>
                <DELETED>    ``(ii) a group practice that has not fewer 
                than 100 physicians who have in effect provider 
                agreements under such title; or</DELETED>
        <DELETED>    ``(B) the dispensing or selling of a controlled 
        substance pursuant to practices as determined by the Attorney 
        General by regulation.''.</DELETED>
<DELETED>    (e) Online Prescription Requirements.--The Controlled 
Substances Act is amended by adding after section 310 (21 U.S.C. 830) 
the following:</DELETED>

          <DELETED>``online pharmacy licensing and disclosure 
                         requirements</DELETED>

<DELETED>    ``Sec. 311.  (a) In General.--An online pharmacy shall 
display in a visible and clear manner on its homepage a statement that 
it complies with the requirements of this section with respect to the 
delivery or sale or offer for sale of controlled substances and shall 
at all times display on the homepage of its Internet site a declaration 
of compliance in accordance with this section.</DELETED>
<DELETED>    ``(b) Licensure.--Each online pharmacy shall comply with 
the requirements of State law concerning the licensure of pharmacies in 
each State from which it, and in each State to which it, delivers, 
distributes, or dispenses or offers to deliver, distribute, or dispense 
controlled substances by means of the Internet.</DELETED>
<DELETED>    ``(c) Compliance.--No online pharmacy or practitioner 
shall deliver, distribute, or dispense by means of the Internet a 
controlled substance without a valid prescription (as defined in 
section 309(e)) and each online pharmacy shall comply with all 
applicable requirements of Federal and State law.</DELETED>
<DELETED>    ``(d) Internet Site Disclosure Information.--Each online 
pharmacy site shall post in a visible and clear manner on the homepage 
of its Internet site or on a page directly linked from its homepage the 
following:</DELETED>
        <DELETED>    ``(1) The name of the owner, street address of the 
        online pharmacy's principal place of business, telephone 
        number, and email address.</DELETED>
        <DELETED>    ``(2) A list of the States in which the online 
        pharmacy, and any pharmacy which dispenses, delivers, or 
        distributes a controlled substance on behalf of the online 
        pharmacy, is licensed to dispense controlled substances or 
        prescription drugs and any applicable license number.</DELETED>
        <DELETED>    ``(3) For each pharmacy identified on its license 
        in each State in which it is licensed to engage in the practice 
        of pharmacy and for each pharmacy which dispenses or ships 
        controlled substances on behalf of the online 
        pharmacy:</DELETED>
                <DELETED>    ``(A) The name of the pharmacy.</DELETED>
                <DELETED>    ``(B) The street address of the 
                pharmacy.</DELETED>
                <DELETED>    ``(C) The name, professional degree, and 
                licensure of the pharmacist-in-charge.</DELETED>
                <DELETED>    ``(D) The telephone number at which the 
                pharmacist-in-charge can be contacted.</DELETED>
                <DELETED>    ``(E) A certification that each pharmacy 
                which dispenses or ships controlled substances on 
                behalf of the online pharmacy is registered under this 
                part to deliver, distribute, or dispense by means of 
                the Internet controlled substances.</DELETED>
        <DELETED>    ``(4) The name, address, professional degree, and 
        licensure of practitioners who provide medical consultations 
        through the website for the purpose of providing 
        prescriptions.</DELETED>
        <DELETED>    ``(5) A telephone number or numbers at which the 
        practitioners described in paragraph (4) may be 
        contacted.</DELETED>
        <DELETED>    ``(6) The following statement, unless revised by 
        the Attorney General by regulation: `This online pharmacy will 
        only dispense a controlled substance to a person who has a 
        valid prescription issued for a legitimate medical purpose 
        based upon a medical relationship with a prescribing 
        practitioner, which includes at least one prior in-person 
        medical evaluation. This online pharmacy complies with section 
        309(e) of the Controlled Substances Act (21 U.S.C. 
        829(e)).'.</DELETED>
<DELETED>    ``(e) Notification.--(1) Thirty days prior to offering a 
controlled substance for sale, delivery, distribution, or dispensing, 
the online pharmacy shall notify the Attorney General, in the form and 
manner as the Attorney General shall determine, and the State boards of 
pharmacy in any States in which the online pharmacy offers to sell, 
deliver, distribute, or dispense controlled substances.</DELETED>
<DELETED>    ``(2) The notification required under paragraph (1) shall 
include--</DELETED>
        <DELETED>    ``(A) the information required to be posted on the 
        online pharmacy's Internet site under subsection (d) and shall 
        notify the Attorney General and the applicable State boards of 
        pharmacy, under penalty of perjury, that the information 
        disclosed on its Internet site under to subsection (d) is true 
        and accurate;</DELETED>
        <DELETED>    ``(B) the online pharmacy's Internet site address 
        and a certification that the online pharmacy shall notify the 
        Attorney General of any change in the address at least 30 days 
        in advance; and</DELETED>
        <DELETED>    ``(C) the Drug Enforcement Administration 
        registration numbers of any pharmacies and practitioners 
        referred to in subsection (d), as applicable.</DELETED>
<DELETED>    ``(3) An online pharmacy that is already operational as of 
the effective date of this section, shall notify the Attorney General 
and applicable State boards of pharmacy in accordance with this 
subsection not later than 30 days after the effective date of this 
section.</DELETED>
<DELETED>    ``(f) Declaration of Compliance.--On and after the date on 
which it makes the notification under subsection (e), each online 
pharmacy shall display on the homepage of its Internet site, in such 
form as the Attorney General shall by regulation require, a declaration 
that it has made such notification to the Attorney General.</DELETED>
<DELETED>    ``(g) Reports.--Any statement, declaration, notification, 
or disclosure required under this section shall be considered a report 
required to be kept under this part.''.</DELETED>
<DELETED>    (f) Offenses Involving Controlled Substances in Schedules 
III, IV, and V.--Section 401(b) of the Controlled Substances Act (21 
U.S.C. 841(b)) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) in subparagraph (C), by striking ``1 
                gram of'' before ``flunitrazepam'';</DELETED>
                <DELETED>    (B) in subparagraph (D), by striking ``or 
                in the case of any controlled substance in schedule III 
                (other than gamma hydroxybutyric acid), or 30 
                milligrams of flunitrazepam''; and</DELETED>
                <DELETED>    (C) by inserting at the end the 
                following:</DELETED>
        <DELETED>    ``(E)(i) In the case of any controlled substance 
        in schedule III, such person shall be sentenced to a term of 
        imprisonment of not more than 10 years and if death or serious 
        bodily injury results from the use of such substance shall be 
        sentenced to a term of imprisonment of not more than 20 years, 
        a fine not to exceed the greater of that authorized in 
        accordance with the provisions of title 18, or $500,000 if the 
        defendant is an individual or $2,500,000 if the defendant is 
        other than an individual, or both.</DELETED>
        <DELETED>    ``(ii) If any person commits such a violation 
        after a prior conviction for a felony drug offense has become 
        final, such person shall be sentenced to a term of imprisonment 
        of not more than 20 years and if death or serious bodily injury 
        results from the use of such substance shall be sentenced to a 
        term of imprisonment of not more than 30 years, a fine not to 
        exceed the greater of twice that authorized in accordance with 
        the provisions of title 18, or $1,000,000 if the defendant is 
        an individual or $5,000,000 if the defendant is other than an 
        individual, or both.</DELETED>
        <DELETED>    ``(iii) Any sentence imposing a term of 
        imprisonment under this subparagraph shall, in the absence of 
        such a prior conviction, impose a term of supervised release of 
        at least 2 years in addition to such term of imprisonment and 
        shall, if there was such a prior conviction, impose a term of 
        supervised release of at least 4 years in addition to such term 
        of imprisonment'';</DELETED>
        <DELETED>    (2) in paragraph (2) by--</DELETED>
                <DELETED>    (A) striking ``3 years'' and inserting ``5 
                years'';</DELETED>
                <DELETED>    (B) striking ``6 years'' and inserting 
                ``10 years'';</DELETED>
                <DELETED>    (C) striking ``after one or more prior 
                convictions'' and all that follows through ``have 
                become final,'' and inserting ``after a prior 
                conviction for a felony drug offense has become 
                final,''; and</DELETED>
        <DELETED>    (3) in paragraph (3) by--</DELETED>
                <DELETED>    (A) striking ``2 years'' and inserting ``6 
                years'';</DELETED>
                <DELETED>    (B) striking ``after one or more 
                convictions'' and all that follows through ``have 
                become final,'' and inserting ``after a prior 
                conviction for a felony drug offense has become 
                final,''; and</DELETED>
                <DELETED>    (C) adding at the end the following ``Any 
                sentence imposing a term of imprisonment under this 
                paragraph may, if there was a prior conviction, impose 
                a term of supervised release of not more than 1 year, 
                in addition to such term of imprisonment.''</DELETED>
<DELETED>    (g) Offenses Involving Dispensing of Controlled Substances 
by Means of the Internet.--Section 401 of the Controlled Substances Act 
(21 U.S.C. 841) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(g) Offenses Involving Dispensing of Controlled 
Substances by Means of the Internet.--(1) Except as authorized by this 
title, it shall be unlawful for any person to knowingly or 
intentionally cause or facilitate the delivery, distribution, or 
dispensing by means of the Internet of a controlled 
substance.</DELETED>
<DELETED>    ``(2) Violations of this subsection include--</DELETED>
        <DELETED>    ``(A) delivering, distributing, or dispensing a 
        controlled substance by means of the Internet by a pharmacy not 
        registered under section 303(i);</DELETED>
        <DELETED>    ``(B) writing a prescription for a controlled 
        substance for the purpose of delivery, distribution, or 
        dispensation by means of the Internet in violation of 
        subsection 309(e);</DELETED>
        <DELETED>    ``(C) serving as an agent, intermediary, or other 
        entity that causes the Internet to be used to bring together a 
        buyer and seller to engage in the dispensing of a controlled 
        substance in a manner not authorized by sections 303(i) or 
        309(e); and</DELETED>
        <DELETED>    ``(D) making a material false, fictitious, or 
        fraudulent statement or representation in the submission to the 
        Attorney General under section 311.</DELETED>
<DELETED>    ``(3) This subsection does not apply to--</DELETED>
        <DELETED>    ``(A) the delivery, distribution, or dispensation 
        of controlled substances by nonpractitioners to the extent 
        authorized by their registration under this title;</DELETED>
        <DELETED>    ``(B) the placement on the Internet of material 
        that merely advocates the use of a controlled substance or 
        includes pricing information without attempting to propose or 
        facilitate an actual transaction involving a controlled 
        substance; or</DELETED>
        <DELETED>    ``(C) any activity that is limited to--</DELETED>
                <DELETED>    ``(i) the provision of a 
                telecommunications service, or of an Internet access 
                service or Internet information location tool (as those 
                terms are defined in section 231 of the Communications 
                Act of 1934 (47 U.S.C. 231)); or</DELETED>
                <DELETED>    ``(ii) the transmission, storage, 
                retrieval, hosting, formatting, or translation (or any 
                combination thereof) of a communication, without 
                selection or alteration of the content of the 
                communication, except that deletion of a particular 
                communication or material made by another person in a 
                manner consistent with section 230(c) of the 
                Communications Act of 1934 (47 U.S.C. 230(c)) shall not 
                constitute such selection or alteration of the content 
                of the communication.</DELETED>
<DELETED>    ``(4) Any person who knowingly or intentionally violates 
this subsection shall be sentenced in accordance with subsection (b) of 
this section.''.</DELETED>
<DELETED>    (h) Publication.--Section 403(c) of the Controlled 
Substances Act (21 U.S.C. 843(c)) is amended by--</DELETED>
        <DELETED>    (1) designating the text as paragraph (1); 
        and</DELETED>
        <DELETED>    (2) adding at the end the following:</DELETED>
<DELETED>    ``(2)(A) It shall be unlawful for any person to use the 
Internet, or cause the Internet to be used, to advertise the sale of, 
or to offer to sell, distribute, or dispense, a controlled substance 
except as authorized by this title.</DELETED>
<DELETED>    ``(B) Violations of this paragraph include causing the 
placement on the Internet of an advertisement that refers to or directs 
prospective buyers to Internet sellers of controlled substances who are 
not registered under section 303(i).</DELETED>
<DELETED>    ``(C) This paragraph does not apply to material that 
either--</DELETED>
        <DELETED>    ``(i) advertises the distribution of controlled 
        substances by nonpractitioners to the extent authorized by 
        their registration under this title; or</DELETED>
        <DELETED>    ``(ii) merely advocates the use of a controlled 
        substance or includes pricing information without attempting to 
        facilitate an actual transaction involving a controlled 
        substance.''.</DELETED>
<DELETED>    (i) Injunctive Relief.--Section 512 of the Controlled 
Substances Act (21 U.S.C. 882) is amended by adding to the end of the 
section the following new subsection:</DELETED>
<DELETED>    ``(c) State Cause of Action Pertaining to Online 
Pharmacies.--(1) In any case in which the State has reason to believe 
that an interest of the residents of that State has been or is being 
threatened or adversely affected by the action of a person, entity, or 
Internet site that violates the provisions of section 303(i), 309(e), 
or 311, the State may bring a civil action on behalf of such residents 
in a district court of the United States with appropriate 
jurisdiction--</DELETED>
        <DELETED>    ``(A) to enjoin the conduct which violates this 
        section;</DELETED>
        <DELETED>    ``(B) to enforce compliance with this 
        section;</DELETED>
        <DELETED>    ``(C) to obtain damages, restitution, or other 
        compensation, including civil penalties under section 402(b); 
        and</DELETED>
        <DELETED>    ``(D) to obtain such other legal or equitable 
        relief as the court may find appropriate.</DELETED>
<DELETED>    ``(2)(A) Prior to filing a complaint under paragraph (1), 
the State shall serve a copy of the complaint upon the Attorney General 
and upon the United States Attorney for the judicial district in which 
the complaint is to be filed. In any case where such prior service is 
not feasible, the State shall serve the complaint on the Attorney 
General and the appropriate United States Attorney on the same day that 
the State's complaint is filed in Federal district court of the United 
States. Such proceedings shall be independent of, and not in lieu of, 
criminal prosecutions or any other proceedings under this title or any 
other laws of the United States.</DELETED>
<DELETED>    ``(B)(i) Not later than 120 days after the later of the 
date on which a State's complaint is served on the Attorney General and 
the appropriate United States Attorney, or the date on which the 
complaint is filed, the United States shall have the right to intervene 
as a party in any action filed by a State under paragraph 
(1).</DELETED>
<DELETED>    ``(ii) After the 120-day period described in clause (i) 
has elapsed, the United States may, for good cause shown, intervene as 
a party in an action filed by a State under paragraph (1).</DELETED>
<DELETED>    ``(iii) Notice and an opportunity to be heard with respect 
to intervention shall be afforded the State that filed the original 
complaint in any action in which the United States files a complaint in 
intervention under clause (i) or a motion to intervene under clause 
(ii).</DELETED>
<DELETED>    ``(iv) The United States may file a petition for appeal of 
a judicial determination in any action filed by a State under this 
section.</DELETED>
<DELETED>    ``(C) Service of a State's complaint on the United States 
as required in this paragraph shall be made in accord with the 
requirements of Federal Rule of Civil Procedure 4(i)(1).</DELETED>
<DELETED>    ``(3) For purposes of bringing any civil action under 
paragraph (1), nothing in this Act shall prevent an attorney general of 
a State from exercising the powers conferred on the attorney general of 
a State by the laws of such State to conduct investigations or to 
administer oaths or affirmations or to compel the attendance of 
witnesses of or the production of documentary or other 
evidence.</DELETED>
<DELETED>    ``(4) Any civil action brought under paragraph (1) in a 
district court of the United States may be brought in the district in 
which the defendant is found, is an inhabitant, or transacts business 
or wherever venue is proper under section 1391 of title 28, United 
States Code. Process in such action may be served in any district in 
which the defendant is an inhabitant or in which the defendant may be 
found.</DELETED>
<DELETED>    ``(5) No private right of action is created under this 
subsection.''.</DELETED>
<DELETED>    (j) Forfeiture of Facilitating Property in Drug Cases.--
Section 511(a)(4) of the Controlled Substances Act (21 U.S.C. 
881(a)(4)) is amended to read as follows:</DELETED>
        <DELETED>    ``(4) Any property, real or personal, tangible or 
        intangible, used or intended to be used to commit, or to 
        facilitate the commission, of a violation of this title or 
        title III, and any property traceable thereto.''.</DELETED>
<DELETED>    (k) Import and Export Act.--Section 1010(b) of the 
Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (4) by--</DELETED>
                <DELETED>    (A) striking ``or any quantity of a 
                controlled substance in schedule III, IV, or V, (except 
                a violation involving flunitrazepam and except a 
                violation involving gamma hydroxybutyric 
                acid)'';</DELETED>
                <DELETED>    (B) inserting ``, or'' before ``less than 
                one kilogram of hashish oil''; and</DELETED>
                <DELETED>    (C) striking ``imprisoned'' and all that 
                follows through the end of the paragraph and inserting 
                ``sentenced in accordance with section 401(b)(1)(D) of 
                this title (21 U.S.C. 841(b)(1)(E)).'';</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(5) In the case of a violation of subsection (a) of this 
section involving a controlled substance in schedule III, such person 
shall be sentenced in accordance with section 401(b)(1)(E).</DELETED>
<DELETED>    ``(6) In the case of a violation of subsection (a) of this 
section involving a controlled substance in schedule IV (except a 
violation involving flunitrazepam), such person shall be sentenced in 
accordance with section 401(b)(2).</DELETED>
<DELETED>    ``(7) In the case of a violation of subsection (a) of this 
section involving a controlled substance in schedule V, such person 
shall be sentenced in accordance with section 401(b)(3).''; 
and</DELETED>
        <DELETED>    (3) in paragraph (3), by striking ``, nor shall a 
        person so sentenced be eligible for parole during the term of 
        such a sentence'' in the final sentence.</DELETED>
<DELETED>    (l) Effective Date.--The amendments made by this Act shall 
become effective 60 days after the date of enactment of this 
Act.</DELETED>
<DELETED>    (m) Guidelines and Regulations.--</DELETED>
        <DELETED>    (1) In general.--The Attorney General may 
        promulgate and enforce any rules, regulations, and procedures 
        which may be necessary and appropriate for the efficient 
        execution of functions under this subtitle, including any 
        interim rules necessary for the immediate implementation of 
        this Act, on its effective date.</DELETED>
        <DELETED>    (2) Sentencing guidelines.--The United States 
        Sentencing Commission, in determining whether to amend, or 
        establish new, guidelines or policy statements, to conform the 
        guidelines and policy statements to this Act and the amendments 
        made by this Act, may not construe any change in the maximum 
        penalty for a violation involving a controlled substance in a 
        particular schedule as requiring an amendment to, or 
        establishing a new, guideline or policy statement.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ryan Haight Online Pharmacy Consumer 
Protection Act of 2007''.

SEC. 2. REQUIREMENT OF A VALID PRESCRIPTION FOR CONTROLLED SUBSTANCES 
              DISPENSED BY MEANS OF THE INTERNET.

    Section 309 of the Controlled Substances Act (21 U.S.C. 829) is 
amended by adding at the end the following new subsection:
    ``(e) Controlled Substances Dispensed by Means of the Internet.--
            ``(1) No controlled substance may be delivered, 
        distributed, or dispensed by means of the Internet without a 
        valid prescription.
            ``(2) As used in this subsection:
                    ``(A) The term `valid prescription' means a 
                prescription that is issued for a legitimate medical 
                purpose in the usual course of professional practice 
                by--
                            ``(i) a practitioner who has conducted at 
                        least one in-person medical evaluation of the 
                        patient; or
                            ``(ii) a covering practitioner.
                    ``(B)(i) The term `in-person medical evaluation' 
                means a medical evaluation that is conducted with the 
                patient in the physical presence of the practitioner, 
                without regard to whether portions of the evaluation 
                are conducted by other health professionals.
                    ``(ii) Nothing in clause (i) shall be construed to 
                imply that one in-person medical evaluation 
                demonstrates that a prescription has been issued for a 
                legitimate medical purpose within the usual course of 
                professional practice.
                    ``(C) The term `covering practitioner' means, with 
                respect to a patient, a practitioner who conducts a 
                medical evaluation (other than an in-person medical 
                evaluation) at the request of a practitioner who--
                            ``(i) has conducted at least one in-person 
                        medical evaluation of the patient during the 
                        24-month period ending on the date of that 
                        medical evaluation; and
                            ``(ii) is temporarily unavailable to 
                        conduct the evaluation of the patient.
            ``(3) Nothing in this subsection shall apply to--
                    ``(A) the delivery, distribution, or dispensing of 
                a controlled substance by a practitioner engaged in the 
                practice of telemedicine if--
                            ``(i) the telemedicine is being conducted 
                        while the patient is being treated by, and 
                        physically located in, a hospital or clinic 
                        registered under section 303(f), and the 
                        practitioner conducting the practice of 
                        telemedicine is registered under section 303(f) 
                        in the State in which the patient is located 
                        and is acting in the usual course of 
                        professional practice and in accordance with 
                        applicable State law;
                            ``(ii) the telemedicine is being conducted 
                        while the patient is being treated by, and in 
                        the physical presence of, a practitioner 
                        registered under section 303(f) who is acting 
                        in the usual course of professional practice, 
                        and the practitioner conducting the practice of 
                        telemedicine is registered under section 303(f) 
                        in the State in which the patient is located 
                        and is acting in the usual course of 
                        professional practice and in accordance with 
                        applicable State law; or
                            ``(iii) the telemedicine is being conducted 
                        under any other circumstances that the Attorney 
                        General and the Secretary have jointly, by 
                        regulation, determined to be consistent with 
                        effective controls against diversion and 
                        otherwise consistent with the public health and 
                        safety; or
                    ``(B) the dispensing or selling of a controlled 
                substance pursuant to practices as determined by the 
                Attorney General by regulation, which shall be 
                consistent with effective controls against 
                diversion.''.

SEC. 3. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT RELATING TO THE 
              DELIVERY OF CONTROLLED SUBSTANCES BY MEANS OF THE 
              INTERNET.

    (a) In General.--Section 102 of the Controlled Substances Act (21 
U.S.C. 802) is amended by adding at the end the following:
            ``(50) The term `Internet' means collectively the myriad of 
        computer and telecommunications facilities, including equipment 
        and operating software, which comprise the interconnected 
        worldwide network of networks that employ the Transmission 
        Control Protocol/Internet Protocol, or any predecessor or 
        successor protocol to such protocol, to communicate information 
        of all kinds by wire or radio.
            ``(51) The term `deliver, distribute, or dispense by means 
        of the Internet' refers, respectively, to any delivery, 
        distribution, or dispensing of a controlled substance that is 
        caused or facilitated by means of the Internet.
            ``(52) The term `online pharmacy'--
                    ``(A) means a person, entity, or Internet site, 
                whether in the United States or abroad, that knowingly 
                or intentionally delivers, distributes, or dispenses, 
                or offers or attempts to deliver, distribute, or 
                dispense, a controlled substance by means of the 
                Internet; and
                    ``(B) does not include--
                            ``(i) manufacturers or distributors 
                        registered under subsection (a), (b), (c), or 
                        (d) of section 303 who do not dispense 
                        controlled substances to an unregistered 
                        individual or entity;
                            ``(ii) nonpharmacy practitioners who are 
                        registered under section 303(f) and whose 
                        activities are authorized by that registration;
                            ``(iii) mere advertisements that do not 
                        attempt to facilitate an actual transaction 
                        involving a controlled substance; or
                            ``(iv) a person, entity, or Internet site 
                        which is not in the United States and does not 
                        facilitate the delivery, distribution, or 
                        dispensing of a controlled substance by means 
                        of the Internet to any person in the United 
                        States.
            ``(53) The term `homepage' means the opening or main page 
        or screen of the website of an online pharmacy that is viewable 
        on the Internet.
            ``(54) The term `practice of telemedicine' means the 
        practice of medicine in accordance with applicable Federal and 
        State laws by a practitioner (other than a pharmacist) who is 
        at a location remote from the patient and is communicating with 
        the patient, or health care professional who is treating the 
        patient, using a telecommunications system referred to in 
        section 1834(m) of the Social Security Act (42 U.S.C. 
        1395m(m)).''.
    (b) Registration Requirements.--Section 303 of the Controlled 
Substances Act (21 U.S.C. 823) is amended by adding at the end the 
following new subsection:
    ``(i) Dispenser of Controlled Substances by Means of the 
Internet.--(1) An online pharmacy shall obtain a registration 
specifically authorizing such activity, in accordance with regulations 
promulgated by the Attorney General. In determining whether to grant an 
application for such registration, the Attorney General shall apply the 
factors set forth in subsection (f).
    ``(2) Registration under this subsection shall be in addition to, 
and not in lieu of, registration under subsection (f).
    ``(3) This subsection does not apply to pharmacies that merely 
advertise by means of the Internet but do not attempt to facilitate an 
actual transaction involving a controlled substance by means of the 
Internet.''.
    (c) Reporting Requirements.--Section 307(d) of the Controlled 
Substances Act (21 U.S.C. 827(d)) is amended by--
            (1) designating the text as paragraph (1); and
            (2) inserting after paragraph (1), as so designated by this 
        Act, the following new paragraph:
    ``(2) A pharmacy registered under section 303(i) shall report to 
the Attorney General the controlled substances dispensed under such 
registration, in such manner and accompanied by such information as the 
Attorney General by regulation shall require.''.
    (d) Online Prescription Requirements.--The Controlled Substances 
Act is amended by inserting after section 310 (21 U.S.C. 830) the 
following:

        ``online pharmacy licensing and disclosure requirements

    ``Sec. 311.  (a) In General.--An online pharmacy shall display in a 
visible and clear manner on its homepage a statement that it complies 
with the requirements of this section with respect to the delivery or 
sale or offer for sale of controlled substances and shall at all times 
display on the homepage of its Internet site a declaration of 
compliance in accordance with this section.
    ``(b) Licensure.--Each online pharmacy shall comply with the 
requirements of State law concerning the licensure of pharmacies in 
each State from which it, and in each State to which it, delivers, 
distributes, or dispenses or offers to deliver, distribute, or dispense 
controlled substances by means of the Internet.
    ``(c) Compliance.--No online pharmacy or practitioner shall 
deliver, distribute, or dispense by means of the Internet a controlled 
substance without a valid prescription (as defined in section 309(e)) 
and each online pharmacy shall comply with all applicable requirements 
of Federal and State law.
    ``(d) Internet Pharmacy Site Disclosure Information.--Each online 
pharmacy site shall post in a visible and clear manner on the homepage 
of its Internet site or on a page directly linked from its homepage the 
following:
            ``(1) The name of the owner, street address of the online 
        pharmacy's principal place of business, telephone number, and 
        email address.
            ``(2) A list of the States in which the online pharmacy, 
        and any pharmacy which dispenses, delivers, or distributes a 
        controlled substance on behalf of the online pharmacy, is 
        licensed to dispense controlled substances or prescription 
        drugs and any applicable license number.
            ``(3) For each pharmacy identified on its license in each 
        State in which it is licensed to engage in the practice of 
        pharmacy and for each pharmacy which dispenses or ships 
        controlled substances on behalf of the online pharmacy:
                    ``(A) The name of the pharmacy.
                    ``(B) The street address of the pharmacy.
                    ``(C) The name, professional degree, and licensure 
                of the pharmacist-in-charge.
                    ``(D) The telephone number at which the pharmacist-
                in-charge can be contacted.
                    ``(E) A certification that each pharmacy which 
                dispenses or ships controlled substances on behalf of 
                the online pharmacy is registered under this part to 
                deliver, distribute, or dispense by means of the 
                Internet controlled substances.
            ``(4) The name, address, professional degree, and licensure 
        of practitioners who provide medical consultations through the 
        website for the purpose of providing prescriptions.
            ``(5) A telephone number or numbers at which the 
        practitioners described in paragraph (4) may be contacted.
            ``(6) The following statement, unless revised by the 
        Attorney General by regulation: `This online pharmacy will only 
        dispense a controlled substance to a person who has a valid 
        prescription issued for a legitimate medical purpose based upon 
        a medical relationship with a prescribing practitioner, which 
        includes at least one prior in-person medical evaluation. This 
        online pharmacy complies with section 309(e) of the Controlled 
        Substances Act (21 U.S.C. 829(e)).'.
    ``(e) Notification.--(1) Thirty days prior to offering a controlled 
substance for sale, delivery, distribution, or dispensing, the online 
pharmacy shall notify the Attorney General, in the form and manner as 
the Attorney General shall determine, and the State boards of pharmacy 
in any States in which the online pharmacy offers to sell, deliver, 
distribute, or dispense controlled substances.
    ``(2) The notification required under paragraph (1) shall include--
            ``(A) the information required to be posted on the online 
        pharmacy's Internet site under subsection (d) and shall notify 
        the Attorney General and the applicable State boards of 
        pharmacy, under penalty of perjury, that the information 
        disclosed on its Internet site under to subsection (d) is true 
        and accurate;
            ``(B) the online pharmacy's Internet site address and a 
        certification that the online pharmacy shall notify the 
        Attorney General of any change in the address at least 30 days 
        in advance; and
            ``(C) the Drug Enforcement Administration registration 
        numbers of any pharmacies and practitioners referred to in 
        subsection (d), as applicable.
    ``(3) An online pharmacy that is already operational as of the 
effective date of this section, shall notify the Attorney General and 
applicable State boards of pharmacy in accordance with this subsection 
not later than 30 days after the effective date of this section.
    ``(f) Declaration of Compliance.--On and after the date on which it 
makes the notification under subsection (e), each online pharmacy shall 
display on the homepage of its Internet site, in such form as the 
Attorney General shall by regulation require, a declaration that it has 
made such notification to the Attorney General.
    ``(g) Reports.--Any statement, declaration, notification, or 
disclosure required under this section shall be considered a report 
required to be kept under this part.''.
    (e) Offenses Involving Controlled Substances in Schedules III, IV, 
and V.--Section 401(b) of the Controlled Substances Act (21 U.S.C. 
841(b)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C), by striking ``1 gram of'' 
                before ``flunitrazepam'';
                    (B) in subparagraph (D), by striking ``or in the 
                case of any controlled substance in schedule III (other 
                than gamma hydroxybutyric acid), or 30 milligrams of 
                flunitrazepam''; and
                    (C) by adding at the end the following:
            ``(E)(i) In the case of any controlled substance in 
        schedule III, such person shall be sentenced to a term of 
        imprisonment of not more than 10 years and if death or serious 
        bodily injury results from the use of such substance shall be 
        sentenced to a term of imprisonment of not more than 20 years, 
        a fine not to exceed the greater of that authorized in 
        accordance with the provisions of title 18, or $500,000 if the 
        defendant is an individual or $2,500,000 if the defendant is 
        other than an individual, or both.
            ``(ii) If any person commits such a violation after a prior 
        conviction for a felony drug offense has become final, such 
        person shall be sentenced to a term of imprisonment of not more 
        than 20 years and if death or serious bodily injury results 
        from the use of such substance shall be sentenced to a term of 
        imprisonment of not more than 30 years, a fine not to exceed 
        the greater of twice that authorized in accordance with the 
        provisions of title 18, or $1,000,000 if the defendant is an 
        individual or $5,000,000 if the defendant is other than an 
        individual, or both.
            ``(iii) Any sentence imposing a term of imprisonment under 
        this subparagraph shall, in the absence of such a prior 
        conviction, impose a term of supervised release of at least 2 
        years in addition to such term of imprisonment and shall, if 
        there was such a prior conviction, impose a term of supervised 
        release of at least 4 years in addition to such term of 
        imprisonment'';
            (2) in paragraph (2) by--
                    (A) striking ``3 years'' and inserting ``5 years'';
                    (B) striking ``6 years'' and inserting ``10 
                years''; and
                    (C) striking ``after one or more prior 
                convictions'' and all that follows through ``have 
                become final,'' and inserting ``after a prior 
                conviction for a felony drug offense has become 
                final,''; and
            (3) in paragraph (3) by--
                    (A) striking ``2 years'' and inserting ``6 years'';
                    (B) striking ``after one or more convictions'' and 
                all that follows through ``have become final,'' and 
                inserting ``after a prior conviction for a felony drug 
                offense has become final,''; and
                    (C) adding at the end the following ``Any sentence 
                imposing a term of imprisonment under this paragraph 
                may, if there was a prior conviction, impose a term of 
                supervised release of not more than 1 year, in addition 
                to such term of imprisonment.''
    (f) Offenses Involving Dispensing of Controlled Substances by Means 
of the Internet.--Section 401 of the Controlled Substances Act (21 
U.S.C. 841) is amended by adding at the end the following:
    ``(h) Offenses Involving Dispensing of Controlled Substances by 
Means of the Internet.--(1) Except as authorized by this title, it 
shall be unlawful for any person to knowingly or intentionally cause or 
facilitate the delivery, distribution, or dispensing by means of the 
Internet of a controlled substance.
    ``(2) Examples of activities that violate paragraph (1) include, 
but are not limited to, knowingly or intentionally--
            ``(A) delivering, distributing, or dispensing a controlled 
        substance by means of the Internet by a pharmacy not registered 
        under section 303(i);
            ``(B) writing a prescription for a controlled substance for 
        the purpose of delivery, distribution, or dispensation by means 
        of the Internet in violation of subsection 309(e);
            ``(C) serving as an agent, intermediary, or other entity 
        that causes the Internet to be used to bring together a buyer 
        and seller to engage in the dispensing of a controlled 
        substance in a manner not authorized by sections 303(i) or 
        309(e); and
            ``(D) making a material false, fictitious, or fraudulent 
        statement or representation in the submission to the Attorney 
        General under section 311.
    ``(3)(A) This subsection does not apply to--
            ``(i) the delivery, distribution, or dispensation of 
        controlled substances by nonpractitioners to the extent 
        authorized by their registration under this title;
            ``(ii) the placement on the Internet of material that 
        merely advocates the use of a controlled substance or includes 
        pricing information without attempting to propose or facilitate 
        an actual transaction involving a controlled substance; or
            ``(iii) except as provided in subparagraph (B), any 
        activity that is limited to--
                    ``(I) the provision of a telecommunications 
                service, or of an Internet access service or Internet 
                information location tool (as those terms are defined 
                in section 231 of the Communications Act of 1934 (47 
                U.S.C. 231)); or
                    ``(II) the transmission, storage, retrieval, 
                hosting, formatting, or translation (or any combination 
                thereof) of a communication, without selection or 
                alteration of the content of the communication, except 
                that deletion of a particular communication or material 
                made by another person in a manner consistent with 
                section 230(c) of the Communications Act of 1934 (47 
                U.S.C. 230(c)) shall not constitute such selection or 
                alteration of the content of the communication.
    ``(B) The exceptions under subclauses (I) and (II) of subparagraph 
(A)(iii) shall not apply to a person acting in concert with a person 
who violates subsection (g)(1).
    ``(4) Any person who knowingly or intentionally violates this 
subsection shall be sentenced in accordance with subsection (b) of this 
section.''.
    (g) Publication.--Section 403(c) of the Controlled Substances Act 
(21 U.S.C. 843(c)) is amended by--
            (1) designating the text as paragraph (1); and
            (2) adding at the end the following:
    ``(2)(A) Except as authorized by this title, it shall be unlawful 
for any person by means of the Internet, to knowingly advertise the 
sale or distribution of, or to offer to sell, distribute, or dispense, 
a controlled substance.
    ``(B) Examples of activities that violate subparagraph (A) include, 
but are not limited to, knowingly or intentionally causing the 
placement on the Internet of an advertisement that refers to or directs 
prospective buyers to Internet sellers of controlled substances who are 
not registered under section 303(i).
    ``(C) Subparagraph (A) does not apply to material that either--
            ``(i) merely advertises the distribution of controlled 
        substances by nonpractitioners to the extent authorized by 
        their registration under this title; or
            ``(ii) merely advocates the use of a controlled substance 
        or includes pricing information without attempting to 
        facilitate an actual transaction involving a controlled 
        substance.''.
    (h) Injunctive Relief.--Section 512 of the Controlled Substances 
Act (21 U.S.C. 882) is amended by adding to the end of the section the 
following new subsection:
    ``(c) State Cause of Action Pertaining to Online Pharmacies.--(1) 
In any case in which the State has reason to believe that an interest 
of the residents of that State has been or is being threatened or 
adversely affected by the action of a person, entity, or Internet site 
that violates the provisions of section 303(i), 309(e), or 311, the 
State may bring a civil action on behalf of such residents in a 
district court of the United States with appropriate jurisdiction--
            ``(A) to enjoin the conduct which violates this section;
            ``(B) to enforce compliance with this section;
            ``(C) to obtain damages, restitution, or other 
        compensation, including civil penalties under section 402(b); 
        and
            ``(D) to obtain such other legal or equitable relief as the 
        court may find appropriate.
    ``(2)(A) Prior to filing a complaint under paragraph (1), the State 
shall serve a copy of the complaint upon the Attorney General and upon 
the United States Attorney for the judicial district in which the 
complaint is to be filed. In any case where such prior service is not 
feasible, the State shall serve the complaint on the Attorney General 
and the appropriate United States Attorney on the same day that the 
State's complaint is filed in Federal district court of the United 
States. Such proceedings shall be independent of, and not in lieu of, 
criminal prosecutions or any other proceedings under this title or any 
other laws of the United States.
    ``(B)(i) Not later than 120 days after the later of the date on 
which a State's complaint is served on the Attorney General and the 
appropriate United States Attorney, or the date on which the complaint 
is filed, the United States shall have the right to intervene as a 
party in any action filed by a State under paragraph (1).
    ``(ii) After the 120-day period described in clause (i) has 
elapsed, the United States may, for good cause shown, intervene as a 
party in an action filed by a State under paragraph (1).
    ``(iii) Notice and an opportunity to be heard with respect to 
intervention shall be afforded the State that filed the original 
complaint in any action in which the United States files a complaint in 
intervention under clause (i) or a motion to intervene under clause 
(ii).
    ``(iv) The United States may file a petition for appeal of a 
judicial determination in any action filed by a State under this 
section.
    ``(C) Service of a State's complaint on the United States as 
required in this paragraph shall be made in accord with the 
requirements of Federal Rule of Civil Procedure 4(i)(1).
    ``(3) For purposes of bringing any civil action under paragraph 
(1), nothing in this Act shall prevent an attorney general of a State 
from exercising the powers conferred on the attorney general of a State 
by the laws of such State to conduct investigations or to administer 
oaths or affirmations or to compel the attendance of witnesses of or 
the production of documentary or other evidence.
    ``(4) Any civil action brought under paragraph (1) in a district 
court of the United States may be brought in the district in which the 
defendant is found, is an inhabitant, or transacts business or wherever 
venue is proper under section 1391 of title 28, United States Code. 
Process in such action may be served in any district in which the 
defendant is an inhabitant or in which the defendant may be found.
    ``(5) No private right of action is created under this 
subsection.''.
    (i) Forfeiture of Facilitating Property in Drug Cases.--Section 
511(a)(4) of the Controlled Substances Act (21 U.S.C. 881(a)(4)) is 
amended to read as follows:
            ``(4) Any property, real or personal, tangible or 
        intangible, used or intended to be used to commit, or to 
        facilitate the commission, of a violation of this title or 
        title III, and any property traceable thereto.''.
    (j) Import and Export Act.--Section 1010(b) of the Controlled 
Substances Import and Export Act (21 U.S.C. 960(b)) is amended--
            (1) in paragraph (4) by--
                    (A) striking ``or any quantity of a controlled 
                substance in schedule III, IV, or V, (except a 
                violation involving flunitrazepam and except a 
                violation involving gamma hydroxybutyric acid)'';
                    (B) inserting ``, or'' before ``less than one 
                kilogram of hashish oil''; and
                    (C) striking ``imprisoned'' and all that follows 
                through the end of the paragraph and inserting 
                ``sentenced in accordance with section 401(b)(1)(D) of 
                this title (21 U.S.C. 841(b)(1)(E)).'';
            (2) by adding at the end the following:
    ``(5) In the case of a violation of subsection (a) of this section 
involving a controlled substance in schedule III, such person shall be 
sentenced in accordance with section 401(b)(1)(E).
    ``(6) In the case of a violation of subsection (a) of this section 
involving a controlled substance in schedule IV (except a violation 
involving flunitrazepam), such person shall be sentenced in accordance 
with section 401(b)(2).
    ``(7) In the case of a violation of subsection (a) of this section 
involving a controlled substance in schedule V, such person shall be 
sentenced in accordance with section 401(b)(3).''; and
            (3) in paragraph (3), by striking ``, nor shall a person so 
        sentenced be eligible for parole during the term of such a 
        sentence'' in the final sentence.
    (k) Effective Date.--The amendments made by this Act shall become 
effective 60 days after the date of enactment of this Act.
    (l) Guidelines and Regulations.--
            (1) In general.--The Attorney General may promulgate and 
        enforce any rules, regulations, and procedures which may be 
        necessary and appropriate for the efficient execution of 
        functions under this subtitle, including any interim rules 
        necessary for the immediate implementation of this Act, on its 
        effective date.
            (2) Sentencing guidelines.--The United States Sentencing 
        Commission, in determining whether to amend, or establish new, 
        guidelines or policy statements, to conform the Federal 
        sentencing guidelines and policy statements to this Act and the 
        amendments made by this Act--
                    (A) shall consult with the Department of Justice, 
                experts and other affected parties concerning which 
                penalties for scheduled substances amended by this Act 
                should be reflected in the Federal sentencing 
                guidelines; and
                    (B) should not construe any change in the maximum 
                penalty for a violation involving a controlled 
                substance in a particular schedule as being the sole 
                reason to amend a, or establish a new, guideline or 
                policy statement.
    (m) Annual Report.--Not later than 180 days after the date of 
enactment of this Act, and annually for 2 years after the initial 
report, the Drug Enforcement Administration, in consultation with the 
Department of State, shall submit to Congress a report describing--
            (1) the foreign supply chains and sources of controlled 
        substances offered for sale without a valid prescription on the 
        Internet;
            (2) the efforts and strategy of the Drug Enforcement 
        Administration to decrease the foreign supply chain and sources 
        of controlled substances offered for sale without a valid 
        prescription on the Internet; and
            (3) the efforts of the Drug Enforcement Administration to 
        work with domestic and multinational pharmaceutical companies 
        and others to build international cooperation and a commitment 
        to fight on a global scale the problem of distribution of 
        controlled substances over the Internet without a valid 
        prescription.
                                                       Calendar No. 617

110th CONGRESS

  2d Session

                                 S. 980

_______________________________________________________________________

                                 A BILL

  To amend the Controlled Substances Act to address online pharmacies.

_______________________________________________________________________

                             March 12, 2008

                       Reported with an amendment