[Congressional Record Volume 154, Number 50 (Tuesday, April 1, 2008)]
[Senate]
[Pages S2307-S2310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      RYAN HAIGHT ONLINE PHARMACY CONSUMER PROTECTION ACT OF 2007

  Mr. NELSON of Florida. Mr. President, I ask unanimous consent that 
the Senate proceed to the immediate consideration of Calendar No. 617, 
S. 980.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 980) to amend the Controlled Substances Act to 
     address online pharmacies.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:

     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

[[Page S2308]]

     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--

[[Page S2309]]

       (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.

  Mr. LEAHY. Mr. President, today the Senate will pass by unanimous 
consent S. 980, the Ryan Haight Online Pharmacy Consumer Protection 
Act. This is an important bill that would create potent new tools for 
law enforcement to prosecute those who illegally sell drugs online, and 
allow State authorities to shut down online pharmacies even before they 
get started.
  I thank Senator Feinstein and Senator Sessions for their commitment 
to combating illicit drug trafficking by online predators. Their hard 
work and diligent efforts, have put together a strong bipartisan bill 
that includes important modifications and clarifications that will 
protect our children and grandchildren from purchasing illegal 
dangerous drugs online and reducing the prevalence of rogue online 
pharmacies in our society.
  As the longtime cochair of the Congressional Internet Caucus, I 
understand full well the growing danger that illegitimate online 
pharmacies pose to youth. I am pleased to join the bill's sponsors in 
support of this legislation. I am also very pleased that several of my 
recommendations to improve the bill are included in this legislation.
  This bill could not come at a more urgent time for our Nation. In the 
digital age, the Internet has enabled all Americans better access to 
convenient and more affordable medicine. Unfortunately, the prevalence 
of rogue online pharmacies has also made the Internet an increasing 
source for the sale of dangerous controlled substances without a 
licensed medical practitioner's valid prescription. Online drug 
traffickers have used evolving tactics to evade detection by law 
enforcement and circumvent the proper constraints of doctors and 
pharmacists.
  The check and security provided by our local pharmacists in local 
pharmacies--those who have served Americans for generations and helped 
us get well and keep us well--is not always replicated online. As a 
result, dangerous and addictive prescription drugs are too often only a 
click away.
  Last May, the Judiciary Committee held a hearing on this issue. We 
heard compelling testimony from Francine Haight, a mother whose teenage 
son died from an overdose of painkillers he purchased online from a 
rogue pharmacy. We also heard from Joseph

[[Page S2310]]

Califano, the former Secretary of the Department of Health, Education 
and Welfare. Both strongly supported legislation to fill a gap in 
existing law and help protect young people from illicit drugs online.
  Following our hearing, the Internet Drug Advisory Committee held a 
briefing for the Judiciary Committee on this matter. We heard from 
various members of the Internet community on how the private sector may 
effectively collaborate with the public sector to combat the sales of 
dangerous drugs online. These private sector groups will be vital in 
that effort, and we were happy to receive the benefit of their 
insights.
  The administration supports this bill, and that is the right thing to 
do. I know that our hard working men and women at the Drug Enforcement 
Agency need the added tools this bill would offer to assist their 
efforts to combat rogue online pharmacies. Even more, our children and 
grandchildren need the safety and security of operating online free 
from drug dealers seeking to trick them into purchasing dangerous 
controlled substances.
  The Judiciary Committee reported an amendment in the form of a 
substitute which includes several recommendations I have made to 
improve the bill and make it more effective. These changes were later 
perfected and improved upon after the bill was reported out of 
Committee.
  I am pleased that the amendment includes my suggestion that the Drug 
Enforcement Administration report to Congress on recommendations to 
combat the online sale of controlled substances from foreign countries 
via the Internet and on ways that the private sector can assist in this 
effort. A key ingredient in diminishing the impact of rogue Web sites 
on American citizens is combating the international aspect of this 
problem, and strengthening the public-private sector collaboration can 
help provide a solution.
  The amendment narrows the U.S. Sentencing Commission directive to 
ensure that the most dangerous prescription drugs abused online are 
treated more severely than less harmful prescription drugs. This 
addition will ensure that the commission has clear guidance to issue 
the guidelines necessary to hold those individuals who peddle dangerous 
prescription drugs to minors online accountable.
  The amendment also protects legitimate retail drug chains with online 
websites for customers seeking refills on prescriptions, by exempting 
them from the bill's requirements. This ensures that the bill does not 
target legitimate pharmacies that provide Vermonters and other 
Americans with access to needed medicines nor does it burden legitimate 
pharmacies with additional registration and reporting requirements.
  I believe this measure will be better with these changes. I am 
confident that this legislation will strengthen our Nation's ability to 
effectively combat online drug trafficking. It furthers the goals of 
drug enforcement and deterrence, while also providing Congress with 
additional oversight tools. I support its passage.
  Mrs. FEINSTEIN. I thank my colleagues for passing S. 980, the Ryan 
Haight Online Pharmacy Consumer Protection Act.
  With Senator Sessions, I introduced this bill to protect the safety 
of consumers who wish to fill legitimate prescriptions for controlled 
substances over the Internet, while holding accountable those who 
operate unregistered pharmacies.
  Tonight, the Senate took the first important step in stemming the 
tide of online drug trafficking. Perhaps more importantly, the Senate 
took the first steps in ensuring that children and teens no longer 
overdose, or worse die, after purchasing controlled substances without 
a prescription from rogue Internet pharmacies.
  I would like to clarify that the Ryan Haight Online Pharmacy Consumer 
Protection Act of 2008 regulates practices related to the delivery, 
distribution, or dispensing of a controlled substance by means of the 
Internet. The act does not address the delivery, distribution, or 
dispensing of any noncontrolled substance by the Internet or any other 
means.
  This bill does not infringe upon the powers of the Department of 
Health and Human Services and its Secretary with respect to 
noncontrolled substances. Nor does it infringe upon the traditional 
power of the States to regulate the practices of medicine and pharmacy 
with respect to the prescription of non controlled substances. 
Delivery, distribution, or dispensing of noncontrolled substances, 
approved by the Secretary of Health and Human Services or the 
regulatory bodies of the States, are not affected by the act.
  This bill would do the following:
  Bar the sale or distribution of all controlled substances over the 
Internet without a valid prescription; Require online pharmacies to 
display on their Web site a statement of compliance with U.S. law and 
DEA regulations--allowing consumers to know which pharmacies are safe 
and which are not; clarify that rogue pharmacies that sell drugs over 
the Internet will face the same penalties as people who illegally sell 
the same drugs on the street; increase the Federal penalties for 
illegally distributing controlled substances; create a new Federal 
cause of action that would allow a State attorney general to shut down 
a rogue Web site selling controlled substances.

  This legislation is a critical first step in stemming the tide of 
online drug trafficking and prescription drug abuse.
  In closing, I want to share the story of this bill's namesake, Ryan 
T. Haight. Ryan was an 18-year-old honor student from La Mesa, 
California, 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. Rogue Internet pharmacies are 
making it increasingly easy for teens like Ryan to access deadly 
prescription drugs. This bill is the first step to stem that terrible 
tide. It creates sensible requirements for Internet pharmacy Web sites 
that will not impact access to convenient, oftentimes cost-saving 
drugs.
  I thank my colleagues for rising up and passing this important bill.
  Mr. NELSON of Florida. Mr. President, I ask unanimous consent a 
Feinstein substitute amendment at the desk be agreed to, the committee 
substitute amendment as amended be agreed to, the bill, as amended, be 
read three times and passed, the motions to reconsider be laid on the 
table, with no intervening action or debate, and any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4383) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 980), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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