[Congressional Record Volume 153, Number 51 (Friday, March 23, 2007)]
[Senate]
[Pages S3712-S3716]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Sessions):
  S. 980. A bill to amend the Controlled Substances Act to address 
online pharmacies; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am pleased to join with Senator 
Sessions to re-introduce the Online Pharmacy Consumer Protection Act. 
Our legislation protects the safety of consumers who wish to fill 
legitimate prescriptions over the Internet, while holding accountable 
those who operate unregistered pharmacies.
  This legislation imposes basic, commonsense requirements on an 
industry that presents both promise and peril.
  First, this bill establishes disclosure standards for Internet 
pharmacies.
  Second, this bill prohibits an Internet pharmacy from dispensing or 
selling a controlled substance without an in-person examination by a 
physician.
  Third, it allows a State Attorney General to bring a civil action in 
a federal district court to enjoin a pharmacy operating in violation of 
the law, and to enforce compliance with the provisions of this law.
  The disclosure requirements contained in this bill will allow 
patients to differentiate between shady off-shore pharmacies and 
legitimate licensed ones. Under this legislation, pharmacies must 
clearly disclose: the name and address of the pharmacy. Contact 
information for the pharmacist-in-charge. A list of States in which the 
pharmacy is licensed to operate.
  They must also clearly post a statement that they comply with the 
requirements in this legislation.
  The bill states that pharmacies can dispense to patients only if they 
have a valid prescription from a practitioner who has performed an in-
person examination. This requirement will ensure that doctors can 
verify the health status of a patient and ensure that the drug he or 
she will receive from the pharmacy is medically appropriate.
  This legislation recognizes that in the case of an emergency, a 
patient may not always be able to see his or her typical physician. For 
that reason, it allows a doctor to designate a covering practitioner to 
write a valid prescription if he or she is not available.
  Finally, this bill contains real penalties to hold accountable those 
who continue to operate pharmacies in violation of these requirements.
  First, for Internet sales of controlled substances, the bill makes 
clear that such activities are subject to the current Federal laws 
against illegal distributions and the same penalties applicable to 
hand-to-hand sales.
  Second, the bill increases the penalties for illegal distributions of 
controlled substances categorized by the DEA as Schedule III, IV and V 
substances, with new penalties if death or serious bodily injury 
results, and longer periods of supervised release available after 
convictions.
  The bill also allows a State's Attorney General to file a Federal 
motion to stop these pharmacies from operating illegally, no matter 
where the entity is headquartered. Previously, this type of enforcement 
would require a filing in every state.
  Prescription drug abuse is a growing front on the War on Drugs, with 
15.1 million adults admitting to abuse of prescription drugs in a 2003 
study. That's a 94 percent increase in the last decade.
  Last month, the Centers for Disease Control and Prevention reported 
that deaths from accidental drug overdoses nearly doubled from 1999 to 
2004, increasing from 11,155 in 1999 to 19,838 in 2004. Accidental drug 
overdoses are now the Nation's second-leading cause of accidental 
death, behind automobile crashes.
  The CDC attributed the rise in drug overdose deaths to a higher use 
of prescription painkillers and increasing numbers of overdoses of 
cocaine and prescription sedatives. These increases did not occur in 
our inner cities; instead, the increase was described as being fueled 
by prescription drug abuse in middle-class, rural America--with 
overdose death rates doubling in 23 States, mostly in the South and 
Midwest.
  Ready access to controlled substances over the Internet is helping to 
fuel these addictions. A study conducted by the National Center on 
Addiction and Substance Abuse at Columbia University found at least 344 
websites offering controlled substances.
  89 percent of these pharmacies do not require a prescription from a 
physician, accepting either an online consultation or no prescription 
at all.
  38 percent of these pharmacies claim their drugs are shipping within 
the United States, putting them within the reach of U.S. law 
enforcement.
  We also know that internet pharmacies fill a disproportionate number 
of prescriptions for controlled substances. According to data from the 
National Community Pharmacy Association (NCPA)-Pfizer Digest, 
controlled substances account for only 11 percent of the business at 
community ``brick and mortar'' pharmacies. 89 percent of their business 
consists of non-controlled prescription drugs. In contrast, 
approximately 95 percent of the business done by internet pharmacies is 
controlled substances.
  To understand how many of these Internet pharmacy websites exist, 
just visit any Internet search engine. Type in the name of any 
controlled substance, like Vicodin, Oxycontin, codeine, or even 
anabolic steroids. Several websites will appear, offering to sell you 
these drugs without a prescription and without a medical examination. 
Some of these websites simply ask patients to send copies of medical 
records, with no verification of their validity. Patients use these 
pharmacies to obtain addictive drugs like Vicodin and Oxycontin. They 
can receive these dangerous drugs without a doctor performing a 
physical exam to ensure that an underlying health condition will not 
cause a dangerous side effect. Often, a credit card is all that is 
required.
  Law enforcement officials are well aware of this growing problem but 
face many challenges in trying to find and prosecute rogue pharmacy 
operators. Last year, Attorney General Alberto Gonzales appeared before 
the Senate Judiciary Committee and warned at

[[Page S3713]]

that time how ``the purchase of . . . controlled pharmaceuticals on the 
Internet is of great concern.'' He said that the Internet's wide 
accessibility and anonymity ``give drug abusers the ability to 
circumvent the law, as well as sound medical practice, a[s] they 
dispense potentially dangerous controlled pharmaceuticals,'' and said 
that, with ``no identifying . . . information on these websites, it is 
very difficult for law enforcement to track any of the individuals 
behind them.''

  In January of this year, Attorney General Alberto Gonzales again 
appeared before the Senate Judiciary Committee. The problem had only 
grown worse. He described the non-medicinal use of controlled substance 
prescription drugs as ``the fastest rising category of drug abuse in 
recent years.'' He noted how ``[r]ogue pharmacies operating illicitly 
through the Internet increasingly have become a source for the illegal 
supply of controlled substances,'' and offered to work with Congress to 
try to adopt additional enforcement tools that may be appropriate.
  I believe that the bill I introduce today will address many of these 
problems that the Attorney General has identified.
  At the same time, receiving medications from a legitimate, licensed 
Internet pharmacy is one of the new conveniences ushered in by the 
Internet age. This bill preserves the ability of well run pharmacies 
and well intentioned patients to access controlled substances by means 
of the Internet.
  In closing, I want to share with you the story of Ryan T. Haight of 
La Mesa, CA. Ryan was an 18-year-old honor student from La Mesa, CA, 
when he died in his home on February 12, 2001.
  His parents found a bottle of Vicodin in his room with a label from 
an out-of-state pharmacy.
  It turns out that Ryan had been ordering addictive drugs online and 
paying with a debit card his parents gave him to buy baseball cards on 
eBay.
  Without a physical exam or his parents' consent, Ryan had been 
obtaining controlled substances, some from an Internet site in 
Oklahoma. It only took a few months before Ryan's life was ended by an 
overdose on a cocktail of painkillers.
  Ryan's story is just one of many. Internet pharmacies are making it 
increasingly easy for teens like Ryan to access deadly prescription 
drugs. That is why I support this legislation. It creates sensible 
requirements for Internet pharmacy websites that will not impact access 
to convenient, oftentimes cost-saving drugs.
  I urge my colleagues to join me in supporting this legislation and I 
ask unanimous consent that the text of the legislation be printed in 
the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 980

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. 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:
       ``(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.
       ``(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.
       ``(49) The term `online pharmacy'--
       ``(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
       ``(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;
       ``(ii) nonpharmacy practitioners who are registered under 
     section 303(f);
       ``(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.
       ``(50) The term `homepage' means the first page of the 
     website of an online pharmacy that is viewable on the 
     Internet.''.
       (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) 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).
       ``(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 Requirement.--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) 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 that is based upon a 
     qualifying medical relationship by a practitioner registered 
     by the Attorney General under this part;
       ``(B) the term `qualifying medical relationship'--
       ``(i) means a medical relationship that exists when the 
     practitioner--
       ``(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
       ``(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
       ``(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
       ``(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.
       ``(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.
       ``(3) Nothing in this subsection shall apply to--
       ``(A) the dispensing of a controlled substance pursuant to 
     telemedicine practices sponsored by--
       ``(i) a hospital that has in effect a provider agreement 
     under title XVIII of the Social Security Act; or
       ``(ii) a group practice that has not fewer than 100 
     physicians who have in effect provider agreements under such 
     title; or
       ``(B) the dispensing or selling of a controlled substance 
     pursuant to practices as determined by the Attorney General 
     by regulation.''.
       (e) Online Prescription Requirements.--The Controlled 
     Substances Act is amended by adding 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

[[Page S3714]]

     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 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.''.
       (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--
       (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 inserting 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'';
       (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.''
       (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:
       ``(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.
       ``(2) Violations of this subsection include--
       ``(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) This subsection does not apply to--
       ``(A) the delivery, distribution, or dispensation of 
     controlled substances by nonpractitioners to the extent 
     authorized by their registration under this title;
       ``(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
       ``(C) 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.
       ``(4) Any person who knowingly or intentionally violates 
     this subsection shall be sentenced in accordance with 
     subsection (b) of this section.''.
       (h) 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) 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.
       ``(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).
       ``(C) This paragraph does not apply to material that 
     either--

[[Page S3716]]

       ``(i) 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.''.
       (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:
       ``(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.''.
       (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:
       ``(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.''.
       (k) 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.
       (l) Effective Date.--The amendments made by this Act shall 
     become effective 60 days after the date of enactment of this 
     Act.
       (m) 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 
     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.

  Mr. SESSIONS. Mr. President, after working together with Senator 
Feinstein, I am pleased to help introduce the Online Pharmacy Consumer 
Protection Act of 2007. I have worked to take the lead in protecting 
consumers specifically as it relates to the sale and distribution of 
controlled substances over the internet and holding liable those who do 
so via unregistered online pharmacies. I commend Senator Feinstein for 
her leadership on this issue and look forward to working with her to 
pass this important piece of legislation.
  This bill would prohibit the distribution of controlled substances by 
means of the Internet without a valid prescription and provides for the 
legitimate online distribution of those drugs in certain circumstances. 
This past January, Attorney General Gonzalez testified to the Judiciary 
Committee that abuse of controlled substances is being fed by ``the 
proliferation of illicit Web sites that offer controlled substances for 
sale, requiring little more than a cursory online questionnaire and 
charging double the normal price.'' Gonzales further testified that 
``[w]e must preserve legitimate access to medications over the Internet 
while preventing online drug dealers from using cyberspace as a haven 
for drug trafficking. I look forward to working with the Congress to 
ensure that controlled substances are dispensed over the Internet only 
for legitimate medical purposes.'' The sale and distribution of 
controlled pharmaceuticals on the Internet of great concern because is 
gives those who abuse drugs the ability to circumvent the law, and 
sound medical practice. This bill would go a long way in addressing the 
concerns expressed by Attorney General Gonzalez by reigning in a 
practice that has gone unregulated for far too long.
  Recently, there has been an explosion in the number of online 
pharmacies that provide controlled substances to users without valid 
prescriptions. Most illegal drug abuse involving prescription drugs is 
associated with Internet purchases, where users are given a 
prescription without ever seeing a doctor. The most prominent abuse 
occurs with regard to controlled substances such as Hydrocodone, 
Valium, Xanax, OxyContin, and Vicodin.
  A 2006 study reported that ``a staggering 89 percent of sites selling 
controlled prescription drugs have no prescription requirements.'' 
According to the study, 15.1 million adults admitted to abusing 
prescription drugs, including 2.3 million abusers between the ages of 
12 and 17. Currently, there is no way to police this illegal activity.
  The ease with which consumers may purchase controlled substances from 
online pharmacies without a prescription is shocking. Often consumers 
can obtain a prescription from physicians employed by the online 
pharmacy by simply filling out a brief questionnaire on the pharmacy's 
website. Most online pharmacies have no way to verify that the consumer 
ordering the prescription is actually who they claim to be, or that the 
medical condition the consumer describes actually exists. Thus, drug 
addicts and minor children can easily order controlled substances and 
prescription drugs over the internet simply by providing false 
identities or

[[Page S3716]]

describing non-existent medical conditions.
  In 2001, Ryan Haight, a California high school honors student and 
athlete, died from an overdose of the painkiller hydrocodone that he 
purchased from an online pharmacy. The doctor prescribing hydrocodone 
had never met or personally examined Ryan. Ryan simply filled out the 
pharmacy's online questionnaire, and described himself as a 25-year-old 
male suffering from chronic back pain. Ryan's death could have been 
avoided. I believe that Congress is in the best position to help 
prevent teenagers from purchasing controlled substances and 
prescription drugs from online rouge pharmacies.
  I also believe that Congress has the ability to help prevent adult 
prescription drug abuse by making it harder to purchase these drugs 
online without a valid prescription. The Online Pharmacy Consumer 
Protection Act would: (1) provide criminal penalties for those who 
knowingly or intentionally (unlawfully) dispense controlled substances 
over the Internet, (2) give state attorneys general a civil cause of 
action against anyone who violates the Act if they have reason to 
believe that the violation affects the interests of their state's 
residents, and (3) allow the Federal Government to take possession of 
any tangible or intangible property used illegally by online 
pharmacies.
  The Online Pharmacy Consumer Protection Act would also require online 
pharmacies to: (1) file a registration statement with the Attorney
  General and meet additional registration requirements promulgated by 
him/her, (2) report to the Attorney General any controlled substances 
dispensed over the Internet, and (3) comply with licensing and 
disclosure requirements.
  The Online Pharmacy Consumer Protection Act of 2007 takes a 
substantial step towards plugging a loophole in our drug laws by 
regulating the practice of distributing controlled substances via the 
internet.
  By holding unregistered online pharmacies accountable for their 
activity, we are ensuring that those who seek to purchase prescription 
drugs by using the internet are protected from those engaged in 
reprehensible business practices.
  Once again I thank Senator Feinstein for her leadership in addressing 
this serious issue. I commend this bill to my colleagues for study and 
I urge them to support this important legislation.
                                 ______