[Congressional Record Volume 157, Number 193 (Thursday, December 15, 2011)]
[Senate]
[Pages S8684-S8687]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.
                                 ______