[Congressional Record Volume 157, Number 193 (Thursday, December 15, 2011)]
[Senate]
[Pages S8681-S8688]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KOHL:
  S. 2000. A bill to amend the copyright law to secure the rights of 
artists of works of visual art to provide for royalties, and for other 
purposes; to the Committee on the Judiciary.
  Mr. KOHL. Mr. President, I rise today to introduce the Equity for 
Visual Artists Act of 2011. This bill would enable visual artists to 
benefit from their copyrights in a meaningful way similar to other 
creators of literary and artistic works such as authors, playwrights 
and composers. It provides for the payment of a copyright royalty long 
recognized in international law to be paid at the time a work of visual 
art is sold at auction in the United States. Half of this royalty 
payment will go directly to the artists or their estate and the other 
half will be made available to nonprofit American art museums as an 
endowment to be used by them to purchase the works of living American 
artists so that these works may be freely enjoyed by everyone.
  Like all authors, the primary legal right of an artist in his or her 
work is the copyright. Yet, visual artists stand alone within America's 
creative community in their inability to gain any significant income 
under existing copyright law. As an example, creators of music will 
collect nearly $2 billion in copyright royalty payments this year. By 
contrast, America's visual artists receive only a tiny amount of 
copyright income, primarily when their works are reproduced in 
publications such as museum catalogues. Visual art often generates 
money only when the original work itself is first sold. The vast 
majority of money-making sales are not by artists themselves but by 
collectors, dealers and auction houses who trade in their works after 
their first sale. Under current law artists receive no income from 
these sales.
  For nearly 100 years international copyright law under the Berne 
Convention on Literary and Artistic Works, of which the United States 
is a party, has given artists a right to royalties each time their 
works are resold. However, unlike other rights protected under the 
Convention, individual countries are not required to recognize the 
artists' resale right. While over 40 other countries, including all 
members of the European Union, provide their artists with income from 
resale of their works, the United States does not. Under the 
Convention's reciprocity rule, these countries will only pay royalties 
to artists from countries that also recognize the resale right. As a 
result, American artists receive no money from these sales.
  In 1990, Congress enacted the Visual Artists Rights Act that asked 
the Copyright Office to study the issue of resale royalties and report 
back with recommendations. The Copyright Office reported back to 
Congress that creation of new artworks would be encouraged by adoption 
of the Berne Convention provisions on resale rights, but it recommended 
that we wait to see whether the European Union would first require all 
of its member countries to join those like France and Germany who had 
long provided their artists with such a right. In 2001, the European 
Union decided to make resale royalties mandatory throughout its 
territory, underpinning the Copyright Office's initial conclusions 
about the positive effects of introducing resale rights. In 2006, the 
United Kingdom was the last EU country to implement its law.
  In order to make the administration of a resale right as simple as 
possible, the bill would take 7 percent of any sale $10,000 or more 
from only the most public and easily accountable transactions, auction 
sales, and divide the amount by artists or their beneficiaries and non-
profit museums to purchase American art. The legislation would apply 
only to sales by entities that have $25 million per year of cumulative 
sales of visual art. It also excludes entities that solely conduct 
business in online auctions over the Internet. The bill gives primary 
responsibility for collecting and distributing royalties to non-
governmental collecting societies with oversight by the Copyright 
Office and reporting requirements to Congress.
  This legislation is a long overdue step in fulfilling our obligation 
under the Berne Convention to award visual artists the benefits derived 
from the resale of their works, a right that literary and musical 
artists have enjoyed for decades. Under current law, visual artists are 
denied royalties for lucrative sales of their art, and this bill is a 
meaningful start for providing them with just compensation. It is only 
fair that, as stipulated by international law, visual artists profit 
from the appreciation in value of their work.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2000

       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 ``Equity for Visual Artists 
     Act of 2011''.

     SEC. 2. DEFINITIONS.

       Section 101 of title 17, United States Code, is amended 
     by--
       (1) inserting after the definition of ``architectural 
     work'' the following:

     ``For purposes of section 106(b), `auction' means a public 
     sale run by an entity that sells to the highest bidder works 
     of visual art in which the cumulative amount of such works 
     sold during the previous year is more than $25,000,000 and 
     does not solely conduct the sale of visual art by the entity 
     on the Internet.''.
       (2) inserting after the definition of ``proprietor'' and 
     prior to the definition of ``pseudonymous work'' the 
     following:

     ``For purposes of section 106(b), `price' is the aggregate of 
     all installments paid in cash or in-kind by or on behalf of a 
     purchaser for a work as the result of auction of that 
     work.'';
       (3) inserting at the end of the definition of 
     ``Publication'' the following: ``For purposes of section 
     106(b), in the case of a work of visual art as defined in 
     this section, a publication does not include photographic 
     reproductions or other images of the work, including castings 
     of a sculptural work, made or distributed prior to January 1, 
     1978, in connection with the exhibition of such work by a 
     gallery or museum, whether for purposes of sale of the 
     original work, or in connection with any publication 
     authorized by a gallery or museum in possession of the work 
     regardless of whether such publication was with the consent 
     of the author. In no other circumstances is a work of visual 
     art considered to have been published prior to January 1, 
     1978, unless such publication has been authorized by the 
     express written consent of the author of such work.'';
       (4) inserting after the definition of ``registration'' and 
     prior to the definition of ``sound recordings'' the 
     following:

     ``For purposes of sections 106(b) and 701(b)(5), `sale' means 
     transfer of ownership or physical possession of a work as the 
     result of the auction of that work.''; and
       (5) amending paragraph (1) of the definition of a ``work of 
     visual art'' to read as follows:
       ``(1) a painting, drawing, print, sculpture, or photograph, 
     existing either in the original embodiment or in a limited 
     edition of 200 copies or fewer that bear the signature or 
     other identifying mark of the author and are consecutively 
     numbered by the author, or, in the case of a sculpture in 
     multiple cast, carved, or fabricated sculptures of 200 or 
     fewer that are consecutively numbered by the author and bear 
     the signature or other identifying mark of the author; or''.

     SEC. 3. EXCLUSIVE RIGHTS.

       Section 106 of title 17, United States Code, is amended 
     by--
       (1) inserting ``(a)'' before ``Subject to sections 107 
     through 122''; and
       (2) adding at the end the following:
       ``(b)(1) In this subsection, the term `net royalty' means 
     the royalty amount collected less administrative expenses of 
     the visual artists' collecting society. In no case shall the 
     administrative expenses of the visual artists' collecting 
     society subtracted from the royalty amount collected exceed 
     18 percent.
       ``(2) Whenever a work of visual art is sold as the result 
     of auction of that work by someone other than the artist who 
     is the author of the work, the entity that collects the money 
     or other consideration paid for the sale of the work shall, 
     within 90 days of collecting such money or other 
     consideration, pay out of the proceeds of the sale a royalty 
     equal to 7 percent of the price. Such royalty shall be paid 
     to a visual artists' collecting society. The collecting 
     society shall distribute, no fewer than 4 times per year, 50 
     percent of the net royalty to the artist or his or her 
     successor as copyright owner. After payment to the artist or 
     his or her successor as copyright owner, the remaining 50 
     percent of the net royalty shall be deposited into an escrow 
     account established by the collecting society for the 
     purposes of funding purchases by nonprofit art museums in the 
     United States of works of visual art authored by living 
     artists domiciled in the United States. The right to receive 
     such royalty and the obligation to deposit the remaining 
     share of

[[Page S8682]]

     sale proceeds into the escrow account provided in this 
     subsection may not be waived by the artist or his successor 
     as copyright owner. Failure of the entity collecting the 
     money or other consideration resulting from the sale of the 
     work to pay the royalty provided under this section shall 
     constitute an infringement of copyright. Any such 
     infringement shall be subject to the payment of statutory 
     damages under section 504.
       ``(3) Paragraph (2) shall not apply to the sale of a work 
     for a gross sales price of less than $10,000, or in exchange 
     for property with a fair market value of less than 
     $10,000.''.

     SEC. 4. NOTICE OF COPYRIGHT.

       Section 401 of title 17, United States Code, is amended by 
     adding at the end the following:
       ``(e) Non Applicability to Works of Visual Art.--The 
     provisions of this section shall not apply to a work of 
     visual art.''.

     SEC. 5. COPYRIGHT OFFICE.

       Section 701(b) of title 17, United States Code, is amended 
     by--
       (1) redesignating paragraph (5) as paragraph (6); and
       (2) inserting after paragraph (4) the following:
       ``(5) Issue regulations governing visual artists' 
     collecting societies pursuant to section 106(b), which shall, 
     at a minimum--
       ``(A) establish a process by which entities would be 
     determined to be and designated as visual artists' collecting 
     societies;
       ``(B) require that a visual artists' collecting society 
     authorized to administer royalty collections and 
     distributions under this title shall have had prior 
     experience in licensing the copyrights of authors of works of 
     visual art in the United States, or have been authorized by 
     no fewer than 10,000 authors of works of visual art, either 
     directly or by virtue of reciprocal agreements with foreign 
     collecting societies, to license the rights granted under 
     section 106;
       ``(C) exclude any entity from being considered a visual 
     artists' collecting society where, after having been 
     designated a visual artists' collecting society, the 
     royalties collected for at least 5 consecutive years have not 
     been distributed directly to authors after deduction of 
     administrative expenses;
       ``(D) establish the methodology and procedures pursuant to 
     which visual artists' collecting societies shall make grants 
     to nonprofit museums for the purchase of works with the 
     escrow funds provided in this section, after notice and 
     opportunity to comment, including--
       ``(i) the criteria to be used by the visual artists' 
     collecting societies for application by nonprofit art museums 
     for the purchase of works out of the funds held in escrow for 
     that purpose by such societies;
       ``(ii) the amount of the maximum grant for the purchase of 
     an individual work of visual art;
       ``(iii) the maximum amount that may be granted to a 
     nonprofit museum; and
       ``(iv) criteria for the award of grants when the amounts 
     requested exceed the total amount of funds held in escrow;
       ``(E) require that each such society provide the Register 
     of Copyrights with an annual audit of royalty funds collected 
     under section 106(b)(1) that includes the total amount 
     received from the sales of works of visual art, the total 
     amount paid in distributions to artists or, if deceased, to 
     their successors as owners of copyright, and the total amount 
     paid in grants to each nonprofit museum for the purchase of 
     works of visual art; and
       ``(F) make publicly available an annual report to the 
     Congress setting forth the total amount of royalties received 
     by each visual artists' collecting society and the amount 
     disbursed to each nonprofit art museum receiving a grant or 
     grants from the escrow funds established by each visual 
     artists' collecting society.

     Except as necessary for the report to Congress required 
     pursuant to subparagraph (F), the Register of Copyrights 
     shall not disclose any confidential or proprietary 
     information provided to it in the annual audits made 
     available pursuant to this section.''.

     SEC. 6. COPYRIGHT OFFICE FEES.

       Section 708(a) of title 17, United States Code, is 
     amended--
       (1) by redesignating paragraphs (10) and (11) as paragraphs 
     (11) and (12), respectively;
       (2) by inserting after paragraph (9) the following:
       ``(10) for expenses associated with carrying out its 
     responsibilities under section 701(b)(5), provided that such 
     fees shall be paid out of the total royalty payments received 
     by collecting societies pursuant to section 106(b), before 
     deduction of such societies' administrative expenses; and 
     provided further, that following the initial rulemaking 
     necessary to carry out its obligations under section 
     701(b)(5), such fees shall not exceed 5 percent of the total 
     annual amount of royalties received by such collecting 
     societies;''; and
       (3) in the matter following paragraph (12), as so 
     redesignated, in the second sentence, by striking ``(10) and 
     (11)'' and inserting ``(11) and (12)''.

     SEC. 7. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect on the date that is 1 year after the date of enactment 
     of this Act.
                                 F_____
                                 
      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 2001. A bill to expand the Wild Rogue Wilderness Area in the State 
of Oregon, to make additional wild and scenic river designations in the 
Rogue River area, to provide additional protections for Rogue River 
tributaries, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. WYDEN. Mr. President, today I am pleased to introduce legislation 
to expand the Wild Rogue Wilderness Area and expand protections to 
Oregon's iconic Rogue River and its tributaries. I am pleased that 
Senator Merkley is joining me in this effort, and that Congressman 
DeFazio has introduced similar legislation in the House of 
Representatives.
  The Wild Rogue Wilderness and the Rogue River that runs through it 
embody one of the Nation's premier recreation destinations, famous for 
the free flowing waters which provide numerous rafting and fishing 
opportunities. The headwaters of the Rogue River start in one of 
Oregon's other great gems Crater Lake National Park, and the river 
ultimately empties into the Pacific Ocean, near Gold Beach on Oregon's 
southwest coast. Along that stretch, the Rogue River flows through one 
of the most spectacular canyons and diverse natural areas in the United 
States. The Rogue River is a world class rafting river, offering 
everything from one day trips to week long trips through deep forested 
canyons. On the land, the Rogue River trail is also one of Oregon's 
most renowned backpacking routes.
  The legislation I introduce today, the Rogue Wilderness Area 
Expansion Act of 2011, would add 60,000 acres of new wilderness to the 
existing Wild Rogue Wilderness. The Wild Rogue Wilderness expansion 
would protect habitat for bald eagles, osprey, spotted owls, bear, elk, 
cougar, wild coho, wild Chinook, wild steelhead and many others. It 
would also ensure these treasured lands are protected for generations 
to come.
  My legislation would also protect an additional 143 miles of 
tributaries that feed the Rogue River with cold clean water; 93 miles 
would be designated Wild and Scenic Rivers and an additional 50 miles 
would be protected from mining. The areas receiving protection include 
Galice Creek, Little Windy Creek, Jenny Creek, Long Gulch, and 36 other 
tributaries of the Rogue. The Rogue River is one of Oregon's most 
iconic and beloved rivers. It is a river that teems with salmon leaping 
up rapids to spawn, and finds rafters down those very same rapids at 
other times of the year. The Rogue River is home to runs of coho, 
spring and fall Chinook, winter and summer steelhead, and it has the 
special distinction of being one of only a handful of rivers in the 
country with runs of green sturgeon. In 2008, American Rivers named the 
Rogue and its tributaries as the second most endangered river in the 
U.S. I am hoping to change that today by introducing legislation to 
protect this river and its tributaries.
  I previously introduced legislation to protect the Rogue River 
tributaries in the last two Congresses. Since that time, I have worked 
with the timber industry and conservationists to find a compromise that 
protects one of America's treasures with additional wilderness 
designations and more targeted protections for the Rogue's tributaries. 
I am pleased that nearly 60 local businesses, and over 100 
organizations and business in total, support protecting the Wild Rogue, 
and that support grows every day. Many of those businesses directly 
benefit from the Wild Rogue and the Rogue River. As I often say, 
protecting these gems is not just good for the environment, but also 
good for the economy. These protected landscapes are powerhouses of the 
recreation economy that draws visitors from around the world to this 
region and the Rogue River is one of Oregon's most important sport and 
commercial fisheries. The Wild Rogue is the second largest salmon 
fishery in Oregon behind the Columbia. The Wild Rogue provides the 
quality of life and recreational opportunities that create an economic 
engine that attracts businesses and brings in tourists from around the 
world. The Rogue River supports 450 local jobs in nearby communities 
like Grants Pass.
  By protecting the Wild Rogue landscape and the tributaries that feed 
the mighty Rogue River, Congress will ensure that future generations 
can raft, fish, hike and enjoy the Wild Rogue as

[[Page S8683]]

it is enjoyed today and that the recreational economy of this region 
remains strong.
  I want to express my thanks to the conservation and business 
communities of southern Oregon, who have worked diligently to protect 
these lands and waters and enable the outdoor recreationists to use and 
enjoy these rivers. I look forward to working with my House colleagues 
and the bill's supporters to advance our legislation to the President's 
desk.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2001

       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 ``Rogue Wilderness Area 
     Expansion Act of 2011''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the Federal 
     Energy Regulatory Commission.
       (2) Map.--The term ``map'' means the map entitled ``Wild 
     Rogue Wilderness Additions'' and dated December 8, 2011.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of Oregon.
       (5) Wilderness additions.--The term ``Wilderness 
     additions'' means the land added to the Wild Rogue Wilderness 
     by section 3(a).

     SEC. 3. EXPANSION OF WILD ROGUE WILDERNESS AREA.

       (a) Expansion.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the approximately 60,000 acres of 
     Bureau of Land Management land, as generally depicted on the 
     map, is included in the Wild Rogue Wilderness, a component of 
     the National Wilderness Preservation System.
       (b) Map; Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of the wilderness area designated by 
     subsection (a), with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this Act, except that the Secretary may 
     correct typographical errors in the map and legal 
     description.
       (3) Public availability.--The map and legal description 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management.
       (c) Administration.--Subject to valid existing rights, the 
     Wilderness additions shall be administered by the Secretary 
     in accordance with the Wilderness Act (16 U.S.C. 1131 et 
     seq.), except that--
       (1) any reference in that Act to the effective date shall 
     be considered to be a reference to the date of enactment of 
     this Act; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary.
       (d) Fish and Wildlife.--Nothing in this section affects the 
     jurisdiction or responsibilities of the State with respect to 
     fish and wildlife in the State.
       (e) Adjacent Management.--
       (1) In general.--Nothing in this section creates any 
     protective perimeter or buffer zone around the Wilderness 
     additions.
       (2) Activities outside wilderness.--The fact that a 
     nonwilderness activity or use on land outside the Wilderness 
     additions can be seen or heard within the Wilderness 
     additions shall not preclude the activity or use outside the 
     boundary of the Wilderness additions.
       (f) Protection of Tribal Rights.--Nothing in this section 
     diminishes any treaty rights of an Indian tribe.
       (g) Withdrawal.--Subject to valid existing rights, the 
     Wilderness additions are withdrawn from all forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.

     SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, ROGUE RIVER AREA.

       (a) Amendments.--Section 3(a) of the Wild and Scenic Rivers 
     Act (16 U.S.C. 1274(a)) is amended by striking paragraph (5) 
     and inserting the following:
       ``(5) Rogue, oregon.--
       ``(A) In general.--The segment of the river extending from 
     the mouth of the Applegate River downstream to the Lobster 
     Creek Bridge, to be administered by the Secretary of the 
     Interior or the Secretary of Agriculture, as agreed to by the 
     Secretaries of the Interior and Agriculture or as directed by 
     the President.
       ``(B) Additions.--In addition to the segment described in 
     subparagraph (A), there are designated the following segments 
     in the Rogue River:
       ``(i) Kelsey creek.--The approximately 4.8-mile segment of 
     Kelsey Creek from the east section line of T. 32 S., R. 9 W., 
     sec. 34, Willamette Meridian, to the confluence with the 
     Rogue River, as a wild river.
       ``(ii) East fork kelsey creek.--The approximately 4.6-mile 
     segment of East Fork Kelsey Creek from the Wild Rogue 
     Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette 
     Meridian, to the confluence with Kelsey Creek, as a wild 
     river.
       ``(iii) Whisky creek.--

       ``(I) Recreational river.--The approximately 0.6-mile 
     segment of Whisky Creek from the confluence of the East Fork 
     and West Fork to 0.1 miles downstream from road 33-8-23, as a 
     recreational river.
       ``(II) Wild river.--The approximately 1.9-mile segment of 
     Whisky Creek from 0.1 miles downstream from road 33-8-23 to 
     the confluence with the Rogue River, as a wild river.

       ``(iv) East fork whisky creek.--

       ``(I) Wild river.--The approximately 2.6-mile segment of 
     East Fork Whisky Creek from the Wild Rogue Wilderness 
     boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., 
     to 0.1 miles downstream of road 33-8-26 crossing, as a wild 
     river.
       ``(II) Recreational river.--The approximately 0.3-mile 
     segment of East Fork Whisky Creek from 0.1 miles downstream 
     of road 33-8-26 to the confluence with Whisky Creek, as a 
     recreational river.

       ``(v) West fork whisky creek.--The approximately 4.8-mile 
     segment of West Fork Whisky Creek from its headwaters to the 
     confluence with Whisky Creek, as a wild river.
       ``(vi) Big windy creek.--

       ``(I) Scenic river.--The approximately 1.5-mile segment of 
     Big Windy Creek from its headwaters to 0.1 miles downstream 
     from road 34-9-17.1, as a scenic river.
       ``(II) Wild river.--The approximately 5.8-mile segment of 
     Big Windy Creek from 0.1 miles downstream from road 34-9-17.1 
     to the confluence with the Rogue River, as a wild river.

       ``(vii) East fork big windy creek.--

       ``(I) Scenic river.--The approximately 0.2-mile segment of 
     East Fork Big Windy Creek from its headwaters to 0.1 miles 
     downstream from road 34-8-36, as a scenic river.
       ``(II) Wild river.--The approximately 3.7-mile segment of 
     East Fork Big Windy Creek from 0.1 miles downstream from road 
     34-8-36 to the confluence with Big Windy Creek, as a wild 
     river.

       ``(viii) Little windy creek.--The approximately 1.9-mile 
     segment of Little Windy Creek from 0.1 miles downstream of 
     road 34-8-36 to the confluence with the Rogue River, as a 
     wild river.
       ``(ix) Howard creek.--

       ``(I) Scenic river.--The approximately 0.3-mile segment of 
     Howard Creek from its headwaters to 0.1 miles downstream of 
     road 34-9-34, as a scenic river.
       ``(II) Wild river.--The approximately 6.9-mile segment of 
     Howard Creek from 0.1 miles downstream of road 34-9-34 to the 
     confluence with the Rogue River, as a wild river.

       ``(x) Mule creek.--The approximately 6.3-mile segment of 
     Mule Creek from the east section line of T. 32 S., R. 10 W., 
     sec. 25, Willamette Meridian, to the confluence with the 
     Rogue River, as a wild river.
       ``(xi) Anna creek.--The approximately 3.5-mile segment of 
     Anna Creek from its headwaters to the confluence with Howard 
     Creek, as a wild river.
       ``(xii) Missouri creek.--The approximately 1.6-mile segment 
     of Missouri Creek from the Wild Rogue Wilderness boundary in 
     T. 33 S., R. 10 W., sec. 24, Willamette Meridian, to the 
     confluence with the Rogue River, as a wild river.
       ``(xiii) Jenny creek.--The approximately 1.8-mile segment 
     of Jenny Creek from the Wild Rogue Wilderness boundary in T. 
     33 S., R. 9 W., sec.28, Willamette Meridian, to the 
     confluence with the Rogue River, as a wild river.
       ``(xiv) Rum creek.--The approximately 2.2-mile segment of 
     Rum Creek from the Wild Rogue Wilderness boundary in T. 34 
     S., R. 8 W., sec. 9, Willamette Meridian, to the confluence 
     with the Rogue River, as a wild river.
       ``(xv) East fork rum creek.--The approximately 1.3-mile 
     segment of East Rum Creek from the Wild Rogue Wilderness 
     boundary in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, 
     to the confluence with Rum Creek, as a wild river.
       ``(xvi) Wildcat creek.--The approximately 1.7-mile segment 
     of Wildcat Creek from its headwaters downstream to the 
     confluence with the Rogue River, as a wild river.
       ``(xvii) Montgomery creek.--The approximately 1.8-mile 
     segment of Montgomery Creek from its headwaters downstream to 
     the confluence with the Rogue River, as a wild river.
       ``(xviii) Hewitt creek.--The approximately 1.2-mile segment 
     of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 
     33 S., R. 9 W., sec. 19, Willamette Meridian, to the 
     confluence with the Rogue River, as a wild river.
       ``(xix) Bunker creek.--The approximately 6.6-mile segment 
     of Bunker Creek from its headwaters to the confluence with 
     the Rogue River, as a wild river.
       ``(xx) Dulog creek.--

       ``(I) Scenic river.--The approximately 0.8-mile segment of 
     Dulog Creek from its headwaters to 0.1 miles downstream of 
     road 34-8-36, as a scenic river.
       ``(II) Wild river.--The approximately 1.0-mile segment of 
     Dulog Creek from 0.1 miles

[[Page S8684]]

     downstream of road 34-8-36 to the confluence with the Rogue 
     River, as a wild river.

       ``(xxi) Quail creek.--The approximately 1.7-mile segment of 
     Quail Creek from the Wild Rogue Wilderness boundary in T. 33 
     S., R. 10 W., sec. 1, Willamette Meridian, to the confluence 
     with the Rogue River, as a wild river.
       ``(xxii) Meadow creek.--The approximately 4.1-mile segment 
     of Meadow Creek from its headwaters to the confluence with 
     the Rogue River, as a wild river.
       ``(xxiii) Russian creek.--The approximately 2.5-mile 
     segment of Russian Creek from the Wild Rogue Wilderness 
     boundary in T. 33 S., R. 8 W., sec. 20, Willamette Meridian, 
     to the confluence with the Rogue River, as a wild river.
       ``(xxiv) Alder creek.--The approximately 1.2-mile segment 
     of Alder Creek from its headwaters to the confluence with the 
     Rogue River, as a wild river.
       ``(xxv) Booze creek.--The approximately 1.5-mile segment of 
     Booze Creek from its headwaters to the confluence with the 
     Rogue River, as a wild river.
       ``(xxvi) Bronco creek.--The approximately 1.8-mile segment 
     of Bronco Creek from its headwaters to the confluence with 
     the Rogue River, as a wild river.
       ``(xxvii) Copsey creek.--The approximately 1.5-mile segment 
     of Copsey Creek from its headwaters to the confluence with 
     the Rogue River, as a wild river.
       ``(xxviii) Corral creek.--The approximately 0.5-mile 
     segment of Corral Creek from its headwaters to the confluence 
     with the Rogue River, as a wild river.
       ``(xxix) Cowley creek.--The approximately 0.9-mile segment 
     of Cowley Creek from its headwaters to the confluence with 
     the Rogue River, as a wild river.
       ``(xxx) Ditch creek.--The approximately 1.8-mile segment of 
     Ditch Creek from the Wild Rogue Wilderness boundary in T. 33 
     S., R. 9 W., sec. 5, Willamette Meridian, to its confluence 
     with the Rogue River, as a wild river.
       ``(xxxi) Francis creek.--The approximately 0.9-mile segment 
     of Francis Creek from its headwaters to the confluence with 
     the Rogue River, as a wild river.
       ``(xxxii) Long gulch.--The approximately 1.1-mile segment 
     of Long Gulch from the Wild Rogue Wilderness boundary in T. 
     33 S., R. 10 W., sec. 23, Willamette Meridian, to the 
     confluence with the Rogue River, as a wild river.
       ``(xxxiii) Bailey creek.--The approximately 1.7-mile 
     segment of Bailey Creek from the west section line of T. 34 
     S., R.8 W., sec.14, Willamette Meridian, to the confluence of 
     the Rogue River, as a wild river.
       ``(xxxiv) Shady creek.--The approximately 0.7-mile segment 
     of Shady Creek from its headwaters to the confluence with the 
     Rogue River, as a wild river.
       ``(xxxv) Slide creek.--

       ``(I) Scenic river.--The approximately 0.5-mile segment of 
     Slide Creek from its headwaters to 0.1 miles downstream from 
     road 33-9-6, as a scenic river.
       ``(II) Wild river.--The approximately 0.7-mile section of 
     Slide Creek from 0.1 miles downstream of road 33-9-6 to the 
     confluence with the Rogue River, as a wild river.''.

       (b) Management.--Each river segment designated by 
     subparagraph (B) of section 3(a)(5) of the Wild and Scenic 
     Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subsection 
     (a)) shall be managed as part of the Rogue Wild and Scenic 
     River.
       (c) Withdrawal.--Subject to valid existing rights, the 
     Federal land within the boundaries of the river segments 
     designated under subparagraph (B) of section 3(a)(5) of the 
     Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added 
     by subsection (a)) is withdrawn from all forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.

     SEC. 5. ADDITIONAL PROTECTIONS FOR ROGUE RIVER TRIBUTARIES.

       (a) Licensing by Commission.--The Commission shall not 
     license the construction of any dam, water conduit, 
     reservoir, powerhouse, transmission line, or other project 
     works on or directly affecting any stream described in 
     subsection (d).
       (b) Other Agencies.--
       (1) In general.--No department or agency of the United 
     States shall assist by loan, grant, license, or otherwise in 
     the construction of any water resources project on or 
     directly affecting any stream segment that is described in 
     subsection (d), except to maintain or repair water resources 
     projects in existence on the date of enactment of this Act.
       (2) Effect.--Nothing in this subsection prohibits any 
     department or agency of the United States in assisting by 
     loan, grant, license, or otherwise, a water resources 
     project--
       (A) the primary purpose of which is ecological or aquatic 
     restoration; and
       (B) that provides a net benefit to water quality and 
     aquatic resources.
       (c) Withdrawal.--Subject to valid existing rights, the 
     Federal land located within a \1/4\ mile on either side of 
     the stream segments described in subsection (d), is withdrawn 
     from all forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (d) Description of Stream Segments.--The following are the 
     stream segments referred to in subsection (a):
       (1) Kelsey creek.--The approximately 4.5-mile segment of 
     Kelsey Creek from its headwaters to the east section line of 
     T. 32 S., R. 9 W., sec. 34.
       (2) East fork kelsey creek.--The approximately 0.2-mile 
     segment of East Fork Kelsey Creek from its headwaters to the 
     Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5.
       (3) East fork whisky creek.--The approximately 0.9-mile 
     segment of East Fork Whisky Creek from its headwaters to the 
     Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11.
       (4) Little windy creek.--The approximately 1.2-mile segment 
     of Little Windy Creek from its headwaters to the west section 
     line of T. 33 S., R. 9 W., sec. 34.
       (5) Mule creek.--The approximately 5.1-mile segment of Mule 
     Creek from its headwaters to the east section line of T. 32 
     S., R. 10 W., sec. 25.
       (6) Missouri creek.--The approximately 3.1-mile segment of 
     Missouri Creek from its headwaters to the Wild Rogue 
     Wilderness boundary in T. 33 S., R. 10 W., sec. 24.
       (7) Jenny creek.--The approximately 3.1-mile segment of 
     Jenny Creek from its headwaters to the Wild Rogue Wilderness 
     boundary in T. 33 S., R. 9 W., sec. 28.
       (8) Rum creek.--The approximately 2.2-mile segment of Rum 
     Creek from its headwaters to the Wild Rogue Wilderness 
     boundary in T. 34 S., R. 8 W., sec. 9.
       (9) East fork rum creek.--The approximately 0.8-mile 
     segment of East Fork Rum Creek from its headwaters to the 
     Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10.
       (10) Hewitt creek.--The approximately 1.4-mile segment of 
     Hewitt Creek from its headwaters to the Wild Rogue Wilderness 
     boundary in T. 33 S., R. 9 W., sec. 19.
       (11) Quail creek.--The approximately 0.8-mile segment of 
     Quail Creek from its headwaters to the Wild Rogue Wilderness 
     boundary in T. 33 S., R. 10 W., sec. 1.
       (12) Russian creek.--The approximately 0.1-mile segment of 
     Russian Creek from its headwaters to the Wild Rogue 
     Wilderness boundary in T. 33 S., R. 8 W., sec. 20.
       (13) Ditch creek.--The approximately 0.7-mile segment of 
     Ditch Creek from its headwaters to the Wild Rogue Wilderness 
     boundary in T. 33 S., R. 9 W., sec. 5.
       (14) Long gulch.--The approximately 1.4-mile segment of 
     Long Gulch from its headwaters to the Wild Rogue Wilderness 
     boundary in T. 33 S., R. 10 W., sec. 23.
       (15) Bailey creek.--The approximately 1.4-mile segment of 
     Bailey Creek from its headwaters to the west section line of 
     T. 34 S., R. 8 W., sec. 14.
       (16) Quartz creek.--The approximately 3.3-mile segment of 
     Quartz Creek from its headwaters to its confluence with the 
     North Fork Galice Creek.
       (17) North fork galice creek.--The approximately 5.7-mile 
     segment of the North Fork Galice Creek from its headwaters to 
     its confluence with Galice Creek.
       (18) Grave creek.--The approximately 10.2-mile segment of 
     Grave Creek from the confluence of Wolf Creek downstream to 
     the confluence with the Rogue River.
       (19) Centennial gulch.--The approximately 2.2-mile segment 
     of Centennial Gulch from its headwaters to its confluence 
     with the Rogue River.
       (20) Galice creek.--The approximately 2.2-mile segment of 
     Galice Creek from the confluence with the South Fork Galice 
     Creek downstream to the Rogue River.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Sessions, Mr. Schumer, and 
        Mr. Cornyn):
  S. 2002. A bill to amend the Federal Food, Drug, and Cosmetic Act to 
improve the safety of Internet pharmacies; to the Committee on Health, 
Education, Labor, and Pensions.
  Mrs. FEINSTEIN. Mr. President, I rise today to introduce legislation 
that will help stop criminals from exploiting the Internet to illegally 
sell prescription drugs. I am pleased to be joined in this effort by 
Senator Sessions, Senator Schumer, and Senator Cornyn.
  I first became concerned about the issue of illegitimate online 
pharmacies in 2001, when one of my constituents, high school student 
Ryan Haight, died from an overdose of the controlled substance Vicodin. 
He had purchased the Vicodin from a rogue online pharmacy after simply 
filling out an online questionnaire in which he described himself as a 
25-year-old male suffering from chronic back pain. The doctor 
prescribing the drug never met or personally examined Ryan.
  Ryan's death was a terrible tragedy. He was a remarkable young man, 
an honors student and an athlete. He looked forward to going to 
college. Instead, his life was cut short.
  In response, I introduced legislation, beginning in 2004, to better 
regulate

[[Page S8685]]

the online sale of prescription drugs that are controlled substances.
  In 2008, the Ryan Haight Online Pharmacy Consumer Protection Act, 
Ryan Haight Act, was enacted into law, and it became effective in April 
2009. Senator Sessions was the lead cosponsor on that legislation.
  The Ryan Haight Act makes it a violation of the Controlled Substances 
Act to dispense a prescription for a controlled substance by means of 
the Internet without a practitioner having conducted at least one in-
person medical evaluation of the purchaser. The act also requires 
online pharmacies to register with the Drug Enforcement Administration, 
DEA, and comply with DEA regulations.
  The Ryan Haight Act has helped to prevent illegitimate online sales 
of prescribed controlled substances. However, illegitimate online 
sellers continue to sell other types of prescription drugs, and 
stronger laws are needed to stop them.
  The sale of prescription drugs online by web sites acting unlawfully 
is a dangerous and widespread problem. The National Association of 
Boards of Pharmacy and other non-profit organizations that monitor the 
Internet have consistently found that about 96 percent of all Internet 
pharmacies don't require a prescription, aren't appropriately licensed, 
and sell unregulated drugs.
  Theses illegitimate online pharmacies continue to cause serious harm. 
The National Association of Boards of Pharmacy reports that from the 
start of its Internet Drug Outlet Identification Program in April 2008, 
it has received 509 customer inquiries about online prescription drug 
sellers, and 21 of those customers have reported injuries. Some of 
these injuries were very serious leading to hospitalization, with 
customers suffering worsening symptoms caused by the ailment the 
medications were intended to treat, as well as severe side effects.
  The easy accessibility of prescription drugs through illegitimate 
online drug sellers also contributes to a growing prescription drug 
abuse problem. A study published in the May 2011 edition of the Journal 
of Health Affairs suggests that the growth in high-speed Internet 
access has fueled prescription drug abuse. Conducted by investigators 
from Massachusetts General Hospital and the University of Southern 
California, the study found that, over a 7-year period, States with the 
greatest expansion in high-speed Internet access also had the largest 
increase in admissions for treatment of prescription drug abuse.
  We should be particularly concerned about this problem when it comes 
to young people, who are frequently online unsupervised and vulnerable 
to rogue drug sellers on the Internet.
  Not surprisingly, there is also a significant amount of fraud 
associated with illegitimate online drug sellers. Some of these 
websites simply take money without providing anything in return.
  Web sites that dispense counterfeit drugs are an even more dangerous 
problem. These counterfeit drugs are frequently manufactured in 
unsanitary conditions and may contain contaminated ingredients, or the 
wrong ingredients. A recent CBS News story found that counterfeit drugs 
can contain paint, floor wax, and boric acid. So, instead of the 
appropriate medicine needed for their health problem, online consumers 
are receiving substances that may harm or even kill them.
  The legislation I am introducing today will address these problems, 
and help stop illegitimate online drug sellers.
  There are two main components to the legislation. First, it amends 
the Food, Drug and Cosmetic Act to add a definition of ``valid 
prescription,'' requiring at least one in-person medical evaluation of 
the patient. This is the same approach taken in the Ryan Haight Act 
with prescription drugs that are controlled substances. It will prevent 
illegitimate online pharmacies from selling drugs over the Internet 
with sham prescriptions.
  The second critical element is the establishment, by the Food and 
Drug Administration, of a registry of legitimate online pharmacy 
websites. This will protect consumers who will know that they are 
dealing with lawful online pharmacies and help law enforcement crack 
down on the illegitimate websites.
  The exploitation of the Internet by rogue online drug sellers 
continues to be a dangerous and deadly problem and we should not wait 
for more lives to be lost or ruined before we act.
  Consumers deserve access to safe and legitimate online pharmacies and 
protection from illegitimate websites that sell counterfeit or 
otherwise illegitimate medication, and I urge my colleagues to support 
this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2002

       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 Safety 
     Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) consumers in the United States are targeted by 
     organized international crime networks that use Internet 
     websites to sell illegal and often dangerous drugs under the 
     guise of being legitimate online pharmacies;
       (2) illegal online drug sellers offer products that do not 
     meet the safety standards established by United States laws, 
     and recent reports from the National Association of Boards of 
     Pharmacy show that 92 to 95 percent of Internet websites 
     offering to sell prescription medications online are 
     illegitimate and operate in clear violation of United States 
     laws enacted to protect patients;
       (3) criminals are attracted to the high profit margin of 
     business through illegitimate online drug sales, as 
     counterfeit drug sales alone are estimated to have generated 
     $75,000,000,000 in 2010, an increase of 92 percent from 2005;
       (4) the World Health Organization estimates that 50 percent 
     of the prescription medicines sold online by Internet 
     websites that hide their physical address are counterfeit;
       (5) research by The Partnership at Drugfree.org found that 
     1 in 6 consumers in the United States, a total of about 
     36,000,000 Americans, has bought or currently buys 
     prescription medication online without a valid prescription;
       (6) the prevalence of illegal online drug sellers, and 
     their sale of counterfeit or otherwise illegitimate 
     medicines, is a growing public health threat;
       (7) people have been seriously injured or killed by 
     products sold by illegal online drug sellers;
       (8) the accessibility of controlled substances and other 
     drugs without a valid prescription by illegal online drug 
     sellers contributes to a growing prescription drug abuse 
     problem in the United States that is endangering teenagers 
     and public health;
       (9) the anonymous and unregulated nature of the Internet 
     contributes to the counterfeit drug trade and enables 
     counterfeit medicines to reach United States consumers 
     through illegitimate online drug sellers posing as legitimate 
     pharmacies;
       (10) counterfeit drugs that are sold through illegal online 
     drug sellers are manufactured by criminals who deliberately 
     and fraudulently misrepresent the product in order to trick 
     consumers into thinking they are purchasing a legitimate and 
     safe medicine;
       (11) these counterfeit drugs are frequently manufactured in 
     unsanitary conditions and may contain the wrong ingredients, 
     lack active ingredients, have insufficient or contaminated 
     active ingredients, or contain too many active ingredients;
       (12) counterfeit drugs obtained from illegal online drug 
     sellers have been found to contain harmful ingredients 
     including arsenic, boric acid, brick dust, cement powder, 
     chalk dust, floor polish, leaded road paint, nickel, shoe 
     polish, and talcum powder;
       (13) United States citizens deserve access to safe and 
     legitimate online pharmacies and protection from illegal 
     Internet websites that sell counterfeit or otherwise 
     illegitimate medication;
       (14) while the Ryan Haight Online Pharmacy Consumer 
     Protection Act of 2008 (Public Law 110-425) has helped to 
     prevent illegitimate online sales of prescribed controlled 
     substances, illegal online sellers continue to sell other 
     types of prescription drugs and stronger laws are needed to 
     stop them; and
       (15) greater education and awareness regarding illegal 
     online drug sellers will help to protect the United States 
     drug supply chain from infiltration by unregulated and 
     counterfeit products.

     SEC. 3. VALID PRESCRIPTIONS.

       Section 503(b) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 353(b)) is amended--
       (1) in paragraph (1), in the matter following subparagraph 
     (B), by striking ``shall be dispensed'' and all that follows 
     through ``the pharmacist.'' and inserting the following: 
     ``shall be dispensed only pursuant to a valid prescription 
     that is (i) a written prescription of a practitioner licensed 
     by law to administer such drug; (ii) an oral prescription of 
     such practitioner which is reduced promptly to writing by the 
     pharmacist; (iii) an electronic prescription issued by a 
     practitioner licensed by law to administer such

[[Page S8686]]

     drug; or (iv) the refill of any such written, oral, or 
     electronic prescription if such refilling is authorized by 
     the prescriber either in the original prescription, 
     electronic prescription, or by oral order which is reduced 
     promptly to writing by the pharmacist.''; and
       (2) by adding at the end the following:
       ``(6) In this paragraph:
       ``(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 licensed practitioner who has conducted at least 1 
     in-person medical evaluation of the patient, subject to 
     paragraph (7);
       ``(ii) a covering practitioner; or
       ``(iii) a practitioner engaged in the practice of 
     telemedicine.
       ``(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 1 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 licensed practitioner who conducts a medical 
     evaluation (other than an in-person medical evaluation) at 
     the request of a licensed practitioner who--
       ``(i) has conducted at least 1 in-person medical evaluation 
     of the patient or an evaluation of the patient through the 
     practice of telemedicine, within the previous 24 months; and
       ``(ii) is temporarily unavailable to conduct the evaluation 
     of the patient.
       ``(D) The term `practice of telemedicine' has the meaning 
     given that term in section 102 of the Controlled Substances 
     Act.
       ``(7) For purposes of paragraph (6), an in-person medical 
     evaluation of the patient is not required if--
       ``(A) the prescribing practitioner is issuing a 
     prescription or dispensing a legend drug in accordance with 
     the Expedited Partner Therapy in the Management of Sexually 
     Transmitted Diseases guidance document issued by the Centers 
     for Disease Control and Prevention; or
       ``(B) the prescription, administration, or dispensing is 
     through a public health clinic or other distribution 
     mechanism approved by the State health authority in order to 
     prevent, mitigate, or treat a pandemic illness, infectious 
     disease outbreak, or intentional or accidental release of a 
     biological, chemical, or radiological agent.
       ``(8) The Secretary may by regulation establish exceptions 
     to the requirements described in paragraph (6) with respect 
     to a drug, based on criteria established by the Secretary.''.

     SEC. 4. REGISTRY OF LEGITIMATE ONLINE PHARMACY WEBSITES.

       Chapter V of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 351 et seq.) is amended by inserting after section 510 
     the following:

     ``SEC. 510A. REGISTRY OF LEGITIMATE ONLINE PHARMACY WEBSITES.

       ``(a) Definitions.--In this section:
       ``(1) Dispensing pharmacy.--The term `dispensing pharmacy' 
     means a pharmacy that dispenses, distributes, or supplies 
     prescription drugs pursuant to orders made on, through, or on 
     behalf of, an online pharmacy website.
       ``(2) Domain name.--The term `domain name' has the meaning 
     given that term in section 45 of the Lanham Act (15 U.S.C. 
     1127).
       ``(3) Financial transaction provider.--The term `financial 
     transaction provider' has the meaning given that term in 
     section 5362(4) of title 31, United States Code.
       ``(4) Internet website.--The term `Internet website' means 
     the collection of digital assets, including links, indexes, 
     or pointers to digital assets, accessible through the 
     Internet that are addressed relative to a common domain name.
       ``(5) Legitimate online pharmacy website.--The term 
     `legitimate online pharmacy website' means an online pharmacy 
     website that is included in the Registry pursuant to a 
     designation by the Secretary under this section.
       ``(6) Online pharmacy website.--The term `online pharmacy 
     website' means an Internet website that offers, sells, 
     dispenses, or distributes, or facilitates the sale, 
     dispensing, or distribution of prescription or other drugs to 
     consumers.
       ``(7) Prescription drug.--The term `prescription drug' 
     means a drug that is subject to section 503(b)(1).
       ``(b) Establishment of Registry.--The Secretary shall 
     establish a Registry of Legitimate Online Pharmacy Websites 
     (referred to in this section as the `Registry') for the 
     purpose of educating consumers and promoting public health 
     and safety.
       ``(c) Criteria.--The Secretary shall designate an online 
     pharmacy website as a legitimate online pharmacy website, and 
     include such legitimate online pharmacy website on the 
     Registry, if the Secretary determines that--
       ``(1) the online pharmacy website is accredited by the 
     United States National Association of Boards of Pharmacy 
     Verified Internet Pharmacy Practice Sites program; or
       ``(2) the online pharmacy website meets each of the 
     following requirements:
       ``(A) Prescription drugs ordered, sold, dispensed, 
     distributed, supplied, or provided through or by the online 
     pharmacy website are sold, dispensed, distributed, supplied, 
     or provided solely by dispensing pharmacies that are 
     domiciled in the United States and that maintain pharmacy 
     licensure, a permit, or registration in good standing in all 
     United States jurisdictions where such dispensing pharmacies 
     provide services or are required to maintain such licensure, 
     permit, or registration.
       ``(B) Each dispensing pharmacy affiliated with, or that 
     dispenses, distributes, supplies, or provides prescription or 
     other drugs on behalf of the online pharmacy website, 
     maintains a valid Drug Enforcement Administration 
     registration, unless such registration is not required by 
     Drug Enforcement Administration regulations.
       ``(C) Each dispensing pharmacy affiliated with, or that 
     dispenses, distributes, supplies, or provides prescription 
     drugs on behalf of the online pharmacy website, dispenses, 
     distributes, supplies, provides, or offers or attempts to 
     dispense, distribute, supply, or provide, prescription drugs 
     only pursuant to a valid prescription (as defined in section 
     503(b)).
       ``(D) Each dispensing pharmacy affiliated with, or that 
     dispenses, distributes, supplies, or provides prescription 
     drugs on behalf of the online pharmacy website, complies with 
     applicable Federal and State laws and regulations applicable 
     to pharmacy practice.
       ``(E) Each dispensing pharmacy affiliated with, or that 
     dispenses, distributes, supplies, or provides prescription or 
     other drugs on behalf of the online pharmacy website, does 
     not dispense, distribute, supply, provide, offer or attempt 
     to dispense, distribute, supply, or provide, advertise, or 
     promote prescription or other drugs that have not been 
     approved by the Food and Drug Administration.
       ``(F) The online pharmacy website prominently displays the 
     following information:
       ``(i) An accurate United States street address of each 
     dispensing pharmacy or the corporate or other legal business 
     entity headquarters of each dispensing pharmacy.
       ``(ii) An accurate, readily accessible, and responsive 
     telephone number or other secure accurate means that allows 
     the consumer to contact or consult with the pharmacist about 
     his or her prescription drug.
       ``(G) The online pharmacy website does not make any 
     statements, regarding the nature of any dispensing pharmacy 
     or product offered via the website, that are materially 
     misleading or fraudulent.
       ``(H) The domain name registration information applicable 
     to the online pharmacy website is accurate, not anonymous, 
     and has a logical nexus to each dispensing pharmacy or the 
     corporate or other legal business headquarters of each 
     dispensing pharmacy.
       ``(I) The online pharmacy website, including any operator, 
     content owner, or domain name registrant of the online 
     pharmacy website, is not affiliated with, and does not own or 
     control any other online pharmacy website that violates the 
     requirements under this paragraph.
       ``(J) The online pharmacy website, including any operator, 
     content owner, or domain name registrant of the online 
     pharmacy website, is not affiliated with, and does not own or 
     control any other online pharmacy website that violates 
     Federal or State law.
       ``(K) Information that would be considered protected health 
     information under the regulations promulgated under section 
     264(c) of the Health Insurance Portability and Accountability 
     Act of 1996 (commonly referred to as the `HIPAA Privacy 
     Rule') is transmitted by the online pharmacy website and each 
     dispensing pharmacy affiliated with, or that dispenses, 
     distributes, supplies, or provides prescription drugs on 
     behalf of the online pharmacy website, in accordance with the 
     requirements of such Act, including the use of Secure-Socket 
     Layer or equivalent technology for the transmission of 
     protected health information, and the online pharmacy website 
     displays its privacy policy and that such policy complies 
     with the requirements of the HIPAA Privacy Rule.
       ``(L) The online pharmacy website complies with other 
     requirements as determined appropriate by the Secretary, in 
     consultation with other Federal and State agencies 
     responsible for regulating the practice of pharmacy.
       ``(d) Process.--
       ``(1) Application.--The Secretary shall develop an 
     application process through which an interested operator, 
     content owner, or domain name registrant of an online 
     pharmacy website may apply for inclusion on the Registry. 
     Such an application shall be submitted in such form and 
     manner as required by the Secretary and shall include, at a 
     minimum, information to determine whether the online pharmacy 
     website satisfies the criteria described under subsection 
     (c). The Secretary shall not charge a fee for submission of 
     an application.
       ``(2) Identification without application.--
       ``(A) In general.--The Secretary shall take reasonable 
     steps to identify online pharmacy websites for which no 
     application has been submitted under paragraph (1) and 
     evaluate whether these online pharmacy websites satisfy the 
     criteria described under subsection (c).
       ``(B) Compliance confirmed.--In cases where satisfaction of 
     the criteria described under subsection (c) can be verified 
     without the receipt of an application, an online pharmacy 
     website that the Secretary determines to satisfy such 
     criteria may be designated as a legitimate online pharmacy 
     website and

[[Page S8687]]

     included on the Registry and the operator, content owner, or 
     domain name registrant of such online pharmacy website shall 
     be notified of such placement.
       ``(C) Additional information required.--In cases where 
     satisfaction of the criteria described under subsection (c) 
     cannot be verified without additional information or some 
     corrective action by the online pharmacy website operator, 
     content owner, or domain name registrant, the online pharmacy 
     website shall not be designated as a legitimate online 
     pharmacy website or placed on the Registry until the 
     additional information is received by the Secretary and the 
     Secretary determines that all applicable and necessary 
     corrective actions have been taken.
       ``(3) Regulations regarding application process.--
       ``(A) In general.--The Secretary shall promulgate 
     regulations--
       ``(i) to establish the timeframes applicable to informing 
     online pharmacy website operators, content owners, or domain 
     name registrants that submit an application under paragraph 
     (1) of the acceptance or denial of such application;
       ``(ii) to address what information may be shared with or 
     withheld from online pharmacy website operators, content 
     owners, or domain name registrants that submit such an 
     application regarding corrective actions that would need to 
     be taken to establish compliance with the Registry 
     requirements;
       ``(iii) to establish an appeal process giving online 
     pharmacy website operators, content owners, or domain name 
     registrants that submit such an application the ability to 
     request a second review of the application to determine 
     compliance with the Registry requirements; and
       ``(iv) to address other procedural matters regarding the 
     receipt and evaluation of applications submitted under 
     paragraph (1) as the Secretary determines necessary.
       ``(B) Limitation regarding appeals process.--The appeals 
     process established under subparagraph (A)(iii) shall in no 
     case require the Secretary--
       ``(i) to disclose information that may impede an ongoing or 
     potential criminal or regulatory investigation; or
       ``(ii) to provide an opportunity for appeal in cases where 
     the Secretary determines, in the Secretary's sole discretion, 
     that the violation of a Registry requirement is materially 
     significant, such a violation is not likely to be curable, or 
     the applicant has engaged in a pattern of violations of 
     Federal or State law.
       ``(4) Authority and process for removal from registry.--
       ``(A) In general.--The Secretary shall have the authority 
     to remove an online pharmacy website from the Registry--
       ``(i) upon determination that the online pharmacy website 
     is not in compliance with the criteria as established by this 
     section;
       ``(ii) upon determination that the online pharmacy website 
     was mistakenly included in the Registry; or
       ``(iii) for good cause as determined by the Secretary based 
     on credible evidence.
       ``(B) Process.--If the Secretary determines that an online 
     pharmacy website shall be removed from the Registry under 
     subparagraph (A), the Secretary shall provide notice to the 
     operator, content owner, or domain name registrant of the 
     online pharmacy website of the determination, the date of the 
     removal of the website from the Registry, and the reasons for 
     removal.
       ``(C) Regulations for appeal process.--
       ``(i) In general.--The Secretary shall promulgate 
     regulations that provide the operator, content owner, or 
     domain name registrant of an online pharmacy website removed 
     from the Registry the ability to appeal the removal and to 
     provide information to correct matters that served as basis 
     for removal from the Registry. Such regulations shall provide 
     a reasonable time period to correct the grounds for removal.
       ``(ii) Limitation regarding appeals process.--The appeals 
     process established under clause (i) shall in no case require 
     the Secretary--

       ``(I) to disclose information that may impede an ongoing or 
     potential criminal or regulatory investigation; or
       ``(II) to provide an opportunity for appeal in cases where 
     the Secretary determines, in the Secretary's sole discretion, 
     that the violation of a Registry requirement is materially 
     significant, such a violation is not likely to be curable, or 
     the applicant has engaged in a pattern of violations of 
     Federal or State law.

       ``(e) Contracts With Private Entities.--
       ``(1) In general.--The Secretary may enter into contracts 
     with the United States National Association of Boards of 
     Pharmacy or other private entities to--
       ``(A) review applications submitted under subsection (d)(1) 
     and evaluate whether the online pharmacy website satisfies 
     the criteria described under subsection (c);
       ``(B) on an ongoing basis, review and identify online 
     pharmacy websites for which no application has been submitted 
     under subsection (d)(1) and evaluate whether these online 
     pharmacies satisfy the criteria described under subsection 
     (c);
       ``(C) make recommendations to the Secretary as to whether 
     an online pharmacy website, either through application or 
     through identification under subparagraph (B), satisfies the 
     criteria under subsection (c);
       ``(D) notify the Food and Drug Administration of online 
     pharmacy websites that do not to satisfy such criteria; and
       ``(E) provide services to maintain the Registry.
       ``(2) Contracting.--In contracting with entities under this 
     subsection, the Secretary--
       ``(A) may waive such provisions of the Federal Acquisition 
     Regulation, except for provisions relating to confidentiality 
     of information, as necessary for the efficient implementation 
     of this subsection and for selecting such entities; and
       ``(B) shall select entities that have demonstrated a 
     history of competency in reviewing, evaluating, and 
     determining the legitimacy of online pharmacy websites, based 
     on standards approved by the United States National 
     Association of Boards of Pharmacy.
       ``(3) Terms of contract.--A contract with an entity under 
     this subsection shall include such terms and conditions as 
     specified by the Secretary, including the following:
       ``(A) The entity shall monitor the Internet on an ongoing 
     basis in order to sufficiently maintain a current list of 
     legitimate online pharmacy websites for consideration by the 
     Secretary.
       ``(B) On at least a monthly basis, the entity shall submit 
     to the Secretary an updated list of legitimate online 
     pharmacy websites recommended for inclusion on the Registry.
       ``(f) Use of Registry.--
       ``(1) Public availability.--The Secretary shall--
       ``(A) make the Registry available to Internet advertising 
     services, financial transaction providers, domain name 
     registries, domain name registrars, other domain name 
     authorities, information location tool service providers, and 
     others as determined necessary and appropriate by the 
     Secretary to promote public health and safety;
       ``(B) make the Registry available to consumers and other 
     interested persons through publication on the Internet 
     website of the Food and Drug Administration; and
       ``(C) specify the Registry criteria used to designate 
     legitimate online pharmacy websites on the Internet website 
     of the Food and Drug Administration.
       ``(2) Consumer education.--The Secretary shall--
       ``(A) engage in a campaign to educate consumers on the 
     availability and use of the Registry to promote public health 
     and safety through means as determined appropriate and 
     necessary by the Secretary, which may include radio, 
     television, print media, and Internet public service 
     announcements; and
       ``(B) make consumer education materials available, on the 
     Internet website of the Food and Drug Administration and in a 
     consumer-friendly form and manner, regarding how to safely 
     purchase drugs over the Internet.
       ``(g) Refusal of Service; Immunity.--
       ``(1) Refusal of service.--A domain name registry, domain 
     name registrar, other domain name authority, financial 
     transaction provider, information location tool service 
     provider, or Internet advertising service, acting in good 
     faith based on the Registry, may cease or refuse to provide 
     services to an online pharmacy website that is not included 
     on the Registry.
       ``(2) Immunity from liability.--An entity described in 
     paragraph (1), including the directors, officers, employees, 
     or agents of such entity, that, acting in good faith, ceases 
     or refuses to provide services to an online pharmacy website 
     that is not listed on the Registry shall not be liable to any 
     party under any Federal or State law for such action.
       ``(3) Immunity from suit.--No cause of action shall lie in 
     any court or administrative agency against any entity 
     described in paragraph (1), including the directors, 
     officers, employees, or agents of such entity, that, acting 
     in good faith, ceases or refuses to provide services to an 
     online pharmacy website that is not included on the 
     Registry.''.

     SEC. 5. FUNDING.

       There is authorized to be appropriated such sums as may be 
     necessary to carry out this Act (and the amendments made by 
     this Act).

     SEC. 6. EFFECTIVE DATE.

       This Act (and the amendments made by this Act) shall take 
     effect on the date that is 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
      By Mr. UDALL of New Mexico (for himself, Mr. Bingaman, Mr. 
        Inouye, and Ms. Landrieu).
  S. 2004. A bill to grant the Congressional Gold Medal to the troops 
who defended Bataan during World War II; to the Committee on Banking, 
Housing, and Urban Affairs.
  Mr. UDALL of New Mexico. Mr. President, last week we marked the 70th 
anniversary of the attack on Pearl Harbor, an event that led to the 
U.S. into the Second World War. But that wasn't the only important 70th 
anniversary commemorated last week. Seventy years ago, on December 8, 
1941, the day after the attack on Pearl Harbor, halfway across the 
world the long battle for control of the strategically important 
country of the Philippines began.
  This is a battle that began in the air and on the sea, but would 
ultimately see the surrendered American and Filipino troops forced on a 
brutal death

[[Page S8688]]

march, languishing in substandard POW camps, and in many cases, 
succumbing to malnourishment, mistreatment, and disease.
  It is on behalf of all of these soldiers that I introduce legislation 
to honor the Defenders of Bataan, a peninsula on the island of Luzon 
where the battle ended, but the hellish journey began, with a 
Congressional Gold Medal. They are most deserving and this honor is, I 
believe, long overdue.
  Soon after the air and naval battle for the Philippines began, the 
Japanese would land a sizable force to take control of Luzon. Ten days 
later the Japanese began their main offensive into the island.
  On Christmas Eve, 1941, General MacArthur put War Plan Orange 3 into 
effect. This plan called for some troops to delay the Japanese advance 
as the greater force withdrew into Bataan. According to historical 
documents, the purpose of the plan was to keep Manila Bay from Japanese 
control until the U.S. Navy could reopen the supply lines that had been 
cut off after the attack on Pearl Harbor.
  With the supply lines cut off, troops also had no hope of 
reinforcements. Despite this logistical nightmare, they valiantly 
fought to defend the Philippines. For months, against all odds, they 
held back the enemy advance. The Japanese, hoping for a swift victory, 
were forced to slow the pace of their Pacific strategy. The delay 
enabled U.S. and allied forces the chance to regroup in the Pacific and 
prepare for the eventual liberation of occupied Pacific islands and the 
Philippines.
  But by April of 1942, the defenders of Bataan were malnourished and 
exhausted. With no hope of overcoming the overwhelming conditions, they 
were ordered to surrender. While many followed the order to lay down 
their arms, others still fought to disrupt the Japanese by forming 
guerrilla units to maintain the opposition.
  One such guerrilla leader was Oklahoma native and Choctaw Warrior Lt. 
Colonel Edward McClish, who, according to the U.S. Navy's historical 
website, ``had an organization of more than 300 soldiers, with four 
machine guns, 150 rifles, and six boxes of ammunition.''
  Following capture, the defenders of Bataan suffered three years of 
intense hardship. Many would not survive. They would be forced to 
endure what became known as the horrendous 65-mile Bataan Death March. 
They would languish in substandard POW camps, where their 
malnourishment worsened and disease was rampant. Many others would be 
shipped to Japan on the dreaded hell ships. One such ship, the Arisan 
Maru, claimed nearly 1,800 American lives.
  For us New Mexicans, the events of Bataan strike home particularly 
hard. Eighteen hundred men from New Mexico's 200th and 515th regiments 
left their homes to fight. Approximately half returned. These soldiers, 
largely of Hispanic origin, earned the honor of being the first to fire 
and defend the Philippines on December 8. A special group, they were 
successors to the New Mexico National Guardsmen who made up part of 
Teddy Roosevelt's famed ``Rough Riders'' from the Spanish-American war.
  One of these men, Eliseo Lopez, a Bataan defender who was born in 
Springer, NM, endured all the horrors Bataan had to offer. A member of 
the 200th Coast Artillery Regiment he trained at Ft. Bliss and was 
deployed to Manila before war broke out. He fought the Japanese on 
Bataan. He survived the Death March to Camp O'Donnell and was moved to 
Cabanatuan prison camp. He was taken on a hell ship to Japan, and was 
forced to labor in a copper mine until he was rescued in September of 
1945. Mr. Lopez died this past November at the age of 92. His obituary 
alone is a record of the tremendous service to the United States given 
by the Bataan defenders.
  In New Mexico, we continue to honor and respect our Bataan Defenders. 
We remember their suffering. We take pride in their heroism. Every year 
we commemorate their sacrifice with a march at White Sands Missile 
Range. Other States, such as Missouri, have similar marches. In April, 
Missouri will honor their Bataan veterans with a march on the Katy 
Trail State Park.
  The people of the United States and Philippines are forever indebted 
to Eliseo Lopez and the other men who served with him and endured the 
similar horrors. They represented the best of America. They hailed from 
diverse locales, but were united in their valor and in their devotion 
to their country. Their courage and tenacity during the first four 
months of World War II, and their perseverance during 3 years of 
imprisonment truly deserves the recognition of a Congressional Gold 
Medal. I urge my colleagues to join me in supporting this legislation.

                          ____________________