II 

109TH CONGRESS 

2D SESSION S. 3834 

To amend the Controlled Substances Act to address online pharmacies. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 3, 2006 

Mr. SESSIONS (for himself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Controlled Substances Act to address online 

pharmacies. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Online Pharmacy Con5 sumer Protection Act of 2006’’. 


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1 SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES 

2 ACT RELATING TO THE DELIVERY OF CON3 TROLLED SUBSTANCES OR PRESCRIPTION 

4 DRUGS BY MEANS OF THE INTERNET. 

5 (a) IN GENERAL.—Section 102 of the Controlled 

6 Substances Act (21 U.S.C. 802) is amended by adding at 

7 the end the following: 

8 ‘‘(47) The term ‘Internet’ means collectively the 

9 myriad of computer and telecommunications facili10 ties, including equipment and operating software, 

11 which comprise the interconnected worldwide net12 work of networks that employ the Transmission 

13 Control Protocol/Internet Protocol, or any prede14 cessor or successor protocol to such protocol, to com15 municate information of all kinds by wire or radio. 

16 ‘‘(48) The term ‘deliver, distribute, or dispense 

17 by means of the Internet’ refers, respectively, to any 

18 delivery, distribution, or dispensing of a controlled 

19 substance or prescription drug that is caused or fa20 cilitated by means of the Internet. 

21 ‘‘(49) The term ‘online pharmacy’— 

22 ‘‘(A) means a person, entity, or Internet 

23 site, whether in the United States or abroad, 

24 that delivers, distributes, or dispenses, or offers 

25 to deliver, distribute, or dispense, a controlled 


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1 substance or prescription drug by means of the 

2 Internet; and 

3 ‘‘(B) does not include— 

4 ‘‘(i) manufacturers or distributors 

5 registered under subsection (a), (b), (c), or 

6 (d) of section 303 who do not dispense 

7 controlled substances or prescription 

8 drugs; 

9 ‘‘(ii) nonpharmacy practitioners who 

10 are registered under section 303(f); or 

11 ‘‘(iii) mere advertisements that do not 

12 attempt to facilitate an actual transaction 

13 involving a controlled substance or pre14 scription drug. 

15 ‘‘(50) The term ‘prescription drug’ means a 

16 prescription drug as determined under the Federal 

17 Food, Drug, and Cosmetic Act. 

18 ‘‘(51) The term ‘homepage’ means the first 

19 page of a website that is viewable on the Internet.’’. 

20 (b) REGISTRATION REQUIREMENTS.—Section 303 of 

21 the Controlled Substances Act (21 U.S.C. 823) is amend22 ed by adding at the end the following new subsection: 

23 ‘‘(i) DISPENSER OF CONTROLLED SUBSTANCES OR

24 PRESCRIPTION DRUGS BY MEANS OF THE INTERNET.— 

25 (1) A pharmacy that seeks to deliver, distribute, or disVerDate Aug 31 2005 03:06 Aug 10, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3834.IS S3834

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1 pense by means of the Internet a controlled substance or 

2 prescription drug shall obtain a separate registration spe3 cifically authorizing such activity, in accordance with regu4 lations promulgated by the Attorney General. In deter5 mining whether to grant an application for such registra6 tion, the Attorney General shall apply the factors set forth 

7 in subsection (f). 

8 ‘‘(2) Registration under this subsection shall be in 

9 addition to, and not in lieu of, registration under sub10 section (f). 

11 ‘‘(3) This subsection does not apply to pharmacies 

12 that merely advertise by means of the Internet but do not 

13 attempt to facilitate an actual transaction involving a con14 trolled substance or prescription drug by means of the 

15 Internet.’’. 

16 (c) REPORTING REQUIREMENTS.—Section 307(d) of 

17 the Controlled Substances Act (21 U.S.C. 827(d)) is 

18 amended by— 

19 (1) designating the text as paragraph (1); and 

20 (2) inserting after paragraph (1), as so des21 ignated by this Act, the following new paragraph: 

22 ‘‘(2) A pharmacy registered under section 303(i) shall 

23 report to the Attorney General the controlled substances 

24 or prescription drugs dispensed under such registration, 


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1 in such manner and accompanied by such information as 

2 the Attorney General by regulation shall require.’’. 

3 (d) ONLINE PRESCRIPTION REQUIREMENT.—Section 

4 309 of the Controlled Substances Act (21 U.S.C. 829) is 

5 amended by adding at the end the following new sub6 section: 

7 ‘‘(e) CONTROLLED SUBSTANCES AND PRESCRIPTION

8 DRUGS DISPENSED BY MEANS OF THE INTERNET.—(1) 

9 As used in this subsection— 

10 ‘‘(A) the term ‘valid prescription’ means a pre11 scription that is issued for a legitimate medical pur12 pose in the usual course of professional practice that 

13 is based upon a qualifying medical relationship by a 

14 practitioner registered by the Attorney General 

15 under this part; 

16 ‘‘(B) the term ‘qualifying medical relation17 ship’— 

18 ‘‘(i) means a medical relationship that ex19 ists when the practitioner— 

20 ‘‘(I) has conducted at least one med21 ical evaluation with the user in the phys22 ical presence of the practitioner, without 

23 regard to whether portions of the evalua24 tion are conducted by other health profes25 sionals; or 


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1 ‘‘(II) conducts a medical evaluation of 

2 the patient as a covering practitioner and 

3 is not prescribing a controlled substance in 

4 schedule I, II, III, or IV; and 

5 ‘‘(ii) shall not be construed to imply that 

6 one medical evaluation described in clause (i) 

7 demonstrates that a prescription has been 

8 issued for a legitimate medical purpose within 

9 the usual course of professional practice; and 

10 ‘‘(C) the term ‘covering practitioner’ means, 

11 with respect to a patient, a practitioner who con12 ducts a medical evaluation, without regard to wheth13 er the medical evaluation of the patient involved is 

14 an in-person evaluation, at the request of a practi15 tioner who has conducted at least one in-person 

16 medical evaluation of the patient and is temporarily 

17 unavailable to conduct the evaluation of the patient. 

18 ‘‘(2) In addition to the requirements of subsections 

19 (a) through (c), no controlled substance or prescription 

20 drug may be delivered, distributed, or dispensed by means 

21 of the Internet without a valid prescription.’’. 

22 (e) ONLINE PRESCRIPTION REQUIREMENTS.—The 

23 Controlled Substances Act is amended by adding after sec24 tion 310 (21 U.S.C. 830) the following: 


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1 ‘‘ONLINE PHARMACY LICENSING AND DISCLOSURE

2 REQUIREMENTS

3 ‘‘SEC. 311. (a) IN GENERAL.—An online pharmacy 

4 shall display in a visible and clear manner on its homepage 

5 a statement that it complies with the requirements of this 

6 section with respect to the delivery or sale or offer for sale 

7 of controlled substances or prescription drugs and shall 

8 at all times display on the homepage of its Internet site 

9 a declaration of compliance in accordance with this sec10 tion. 

11 ‘‘(b) LICENSURE.—Each online pharmacy shall com12 ply with the requirements of State law concerning the li13 censure of pharmacies in each State from which it, and 

14 in each State to which it, delivers, distributes, or dispenses 

15 or offers to deliver, distribute, or dispense controlled sub16 stances or prescription drugs by means of the Internet. 

17 ‘‘(c) COMPLIANCE.—No online pharmacy or practi18 tioner shall deliver, distribute, or dispense by means of the 

19 Internet a controlled substance or prescription drug with20 out a valid prescription (as defined in section 309(e)) and 

21 each online pharmacy shall comply with all applicable re22 quirements of Federal and State law. 

23 ‘‘(d) INTERNET SITE DISCLOSURE INFORMATION.— 

24 Each online pharmacy site shall post in a visible and clear 


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1 manner on the homepage of its Internet site or on a page 

2 directly linked from its homepage the following: 

3 ‘‘(1) The name of the owner, street address of 

4 the online pharmacy’s principal place of business, 

5 telephone number, and email address. 

6 ‘‘(2) A list of the States in which the online 

7 pharmacy, and any pharmacy which dispenses, deliv8 ers, or distributes a controlled substance or prescrip9 tion drug on behalf of the online pharmacy, is li10 censed to dispense controlled substances or prescrip11 tion drugs and any applicable license number. 

12 ‘‘(3) For each pharmacy identified on its license 

13 in each State in which it is licensed to engage in the 

14 practice of pharmacy and for each pharmacy which 

15 dispenses or ships controlled substances or prescrip16 tion drugs on behalf of the online pharmacy: 

17 ‘‘(A) The name of the pharmacy. 

18 ‘‘(B) The street address of the pharmacy. 

19 ‘‘(C) The name, professional degree, and 

20 licensure of the pharmacist-in-charge. 

21 ‘‘(D) The telephone number at which the 

22 pharmacist-in-charge can be contacted. 

23 ‘‘(E) A certification that each pharmacy 

24 which dispenses or ships controlled substances 

25 or prescription drugs on behalf of the online 


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1 pharmacy is registered under this part to de2 liver, distribute, or dispense by means of the 

3 Internet controlled substances or prescription 

4 drugs. 

5 ‘‘(4) The name, address, professional degree, 

6 and licensure of practitioners who prescribe con7 trolled substances or prescription drugs on the basis 

8 of information obtained through the Internet site. 

9 ‘‘(5) A telephone number or numbers at which 

10 the practitioners described in paragraph (4) may be 

11 contacted. 

12 ‘‘(6) The following statement, unless revised by 

13 the Attorney General by regulation: ‘This online 

14 pharmacy will only dispense a controlled substance 

15 or prescription drug to a person who has a valid pre16 scription issued for a legitimate medical purpose 

17 based upon a medical relationship with a prescribing 

18 practitioner, which includes at least one prior in-per19 son medical evaluation. This online pharmacy com20 plies with section 309(e) of the Controlled Sub21 stances Act (21 U.S.C. 829(e)).’. 

22 ‘‘(e) NOTIFICATION.—(1) Thirty days prior to offer23 ing a controlled substance or prescription drug for sale, 

24 delivery, distribution, or dispensing, the online pharmacy 

25 shall notify the Attorney General, in the form and manner 


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1 as the Attorney General shall determine, and the State 

2 boards of pharmacy in any States in which the online 

3 pharmacy offers to sell, deliver, distribute, or dispense 

4 controlled substances or prescription drugs. 

5 ‘‘(2) The notification required under paragraph (1) 

6 shall include— 

7 ‘‘(A) the information required to be posted on 

8 the online pharmacy’s Internet site under subsection 

9 (d) and shall notify the Attorney General and the 

10 applicable State boards of pharmacy, under penalty 

11 of perjury, that the information disclosed on its 

12 Internet site under to subsection (d) is true and ac13 curate; 

14 ‘‘(B) the online pharmacy’s Internet site ad15 dress and a certification that the online pharmacy 

16 shall notify the Attorney General of any change in 

17 the address at least 30 days in advance; and 

18 ‘‘(C) the Drug Enforcement Administration 

19 registration numbers of any pharmacies and practi20 tioners referred to in subsection (d), as applicable. 

21 ‘‘(3) An online pharmacy that is already operational 

22 as of the effective date of this section, shall notify the At23 torney General and applicable State boards of pharmacy 

24 in accordance with this subsection not later than 30 days 

25 after the effective date of this section. 


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1 ‘‘(f) DECLARATION OF COMPLIANCE.—On and after 

2 the date on which it makes the notification under sub3 section (e), each online pharmacy shall display on the 

4 homepage of its Internet site, in such form as the Attorney 

5 General shall by regulation require, a declaration that it 

6 has made such notification to the Attorney General. 

7 ‘‘(g) REPORTS.—Any statement, declaration, notifi8 cation, or disclosure required under this section shall be 

9 considered a report required to be kept under this part.’’. 

10 (f) OFFENSES INVOLVING CONTROLLED SUB11 STANCES IN SCHEDULES III, IV, AND V.—Section 401(b) 

12 of the Controlled Substances Act (21 U.S.C. 841(b)) is 

13 amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (C), by striking ‘‘1 

16 gram of’’ before ‘‘flunitrazepam’’; 

17 (B) in subparagraph (D), by striking ‘‘or 

18 in the case of any controlled substance in 

19 schedule III (other than gamma hydroxybutyric 

20 acid), or 30 milligrams of flunitrazepam’’; and 

21 (C) by inserting at the end the following: 

22 ‘‘(E)(i) In the case of any controlled substance 

23 in schedule III, such person shall be sentenced to a 

24 term of imprisonment of not more than 10 years 

25 and if death or serious bodily injury results from the 


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1 use of such substance shall be sentenced to a term 

2 of imprisonment of not more than 20 years, a fine 

3 not to exceed the greater of that authorized in ac4 cordance with the provisions of title 18, or $500,000 

5 if the defendant is an individual or $2,500,000 if the 

6 defendant is other than an individual, or both. 

7 ‘‘(ii) If any person commits such a violation 

8 after a prior conviction for a felony drug offense has 

9 become final, such person shall be sentenced to a 

10 term of imprisonment of not more than 20 years 

11 and if death or serious bodily injury results from the 

12 use of such substance shall be sentenced to a term 

13 of imprisonment of not more than 30 years, a fine 

14 not to exceed the greater of twice that authorized in 

15 accordance with the provisions of title 18, or 

16 $1,000,000 if the defendant is an individual or 

17 $5,000,000 if the defendant is other than an indi18 vidual, or both. 

19 ‘‘(iii) Any sentence imposing a term of impris20 onment under this subparagraph shall, in the ab21 sence of such a prior conviction, impose a term of 

22 supervised release of at least 2 years in addition to 

23 such term of imprisonment and shall, if there was 

24 such a prior conviction, impose a term of supervised 


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1 release of at least 4 years in addition to such term 

2 of imprisonment’’; 

3 (2) in paragraph (2) by— 

4 (A) striking ‘‘3 years’’ and inserting ‘‘5 

5 years’’; 

6 (B) striking ‘‘6 years’’ and inserting ‘‘10 

7 years’’; 

8 (C) striking ‘‘after one or more prior con9 victions’’ and all that follows through ‘‘have be10 come final,’’ and inserting ‘‘after a prior convic11 tion for a felony drug offense has become 

12 final,’’; and 

13 (3) in paragraph (3) by— 

14 (A) striking ‘‘2 years’’ and inserting ‘‘6 

15 years’’; 

16 (B) striking ‘‘after one or more convic17 tions’’ and all that follows through ‘‘have be18 come final,’’ and inserting ‘‘after a prior convic19 tion for a felony drug offense has become 

20 final,’’; and 

21 (C) adding at the end the following ‘‘Any 

22 sentence imposing a term of imprisonment 

23 under this paragraph may, if there was a prior 

24 conviction, impose a term of supervised release 


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1 of not more than 1 year, in addition to such 

2 term of imprisonment.’’ 

3 (g) OFFENSES INVOLVING DISPENSING OF CON4 TROLLED SUBSTANCES BY MEANS OF THE INTERNET.— 

5 Section 401 of the Controlled Substances Act (21 U.S.C. 

6 841) is amended by adding at the end the following: 

7 ‘‘(g) OFFENSES INVOLVING DISPENSING OF CON8 TROLLED SUBSTANCES BY MEANS OF THE INTERNET.— 

9 (1) Except as authorized by this title, it shall be unlawful 

10 for any person to knowingly or intentionally cause or fa11 cilitate the delivery, distribution, or dispensing by means 

12 of the Internet of a controlled substance. 

13 ‘‘(2) Violations of this subsection include— 

14 ‘‘(A) delivering, distributing, or dispensing a 

15 controlled substance by means of the Internet by a 

16 pharmacy not registered under section 303(i); 

17 ‘‘(B) writing a prescription for a controlled sub18 stance for the purpose of dispensing by means of the 

19 Internet in violation of subsection 309(e); and 

20 ‘‘(C) serving as an agent, intermediary, or other 

21 entity that causes the Internet to be used to bring 

22 together a buyer and seller to engage in the dis23 pensing of a controlled substance in a manner not 

24 authorized by sections 303(i) or 309(e). 

25 ‘‘(3) This subsection does not apply to— 


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1 ‘‘(A) the distribution of controlled substances 

2 by nonpractitioners to the extent authorized by their 

3 registration under this title; 

4 ‘‘(B) the placement on the Internet of material 

5 that merely advocates the use of a controlled sub6 stance or includes pricing information without at7 tempting to propose or facilitate an actual trans8 action involving a controlled substance; or 

9 ‘‘(C)(i) the dispensing or selling of a prescrip10 tion drug pursuant to telemedicine practices spon11 sored by— 

12 ‘‘(I) a hospital that has in effect a provider 

13 agreement under title XVIII of the Social Secu14 rity Act (relating to the Medicare program); or 

15 ‘‘(II) a group practice that has not fewer 

16 than 100 physicians who have in effect provider 

17 agreements under such title; or 

18 ‘‘(ii) the dispensing or selling of a prescription 

19 drug pursuant to practices that promote the public 

20 health, as determined by the Secretary of Health 

21 and Human Services by regulation. 

22 ‘‘(4) Any person who knowingly or intentionally vio23 lates this subsection shall be sentenced in accordance with 

24 subsection (b) of this section.’’. 


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1 (h) OFFENSES INVOLVING THE DISPENSING OF PRE2 SCRIPTION DRUGS BY MEANS OF THE INTERNET.— 

3 (1) IN GENERAL.—Part D of the Controlled 

4 Substances Act (21 U.S.C. 841 et seq.) is amended 

5 by inserting after section 403 the following: 

6 ‘‘SEC. 403A. PENALTY FOR UNLAWFUL SALE OF PRESCRIP7 TION DRUGS BY MEANS OF THE INTERNET. 

8 ‘‘(a) PROHIBITED ACT.— 

9 ‘‘(1) IN GENERAL.—Except as authorized by 

10 this title, it shall be unlawful for any person to 

11 knowingly or intentionally cause or facilitate the de12 livery, distribution, or dispensing by means of the 

13 Internet of a prescription drug. 

14 ‘‘(2) VIOLATIONS.—Violations of this subsection 

15 include— 

16 ‘‘(A) delivering, distributing, or dispensing 

17 a prescription drug by means of the Internet by 

18 a pharmacy not registered under section 303(i); 

19 ‘‘(B) writing a prescription for a prescrip20 tion drug for the purpose of dispensing by 

21 means of the Internet in violation of subsection 

22 309(e); and 

23 ‘‘(C) serving as an agent, intermediary, or 

24 other entity that causes the Internet to be used 

25 to bring together a buyer and seller to engage 


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1 in the dispensing of a prescription drug in a 

2 manner not authorized by sections 303(i) or 

3 309(e). 

4 ‘‘(b) PENALTIES.—Any person who violates sub5 section (a)— 

6 ‘‘(1) shall be fined under title 18, United States 

7 Code, imprisoned not more than 1 year, or both; or 

8 ‘‘(2) if the violation was committed after 1 or 

9 more prior convictions of the offender for an offense 

10 punishable under subsection (a), or for a crime 

11 under any other provision of this title or title III or 

12 any other law of the United States relating to nar13 cotic drugs, marijuana, or depressant or stimulant 

14 substances have become final, shall be fined under 

15 title 18, United States Code, imprisoned not more 

16 than 2 years, or both. 

17 ‘‘(c) FORFEITURE.— 

18 ‘‘(1) A person convicted of a violation of sub19 section (a) shall forfeit to the United States any in20 terest of such person in any property involved in or 

21 derived from such violation. 

22 ‘‘(2) Any property subject to forfeiture under 

23 paragraph (1) may be forfeited to the United States 

24 in accordance with the procedures under chapter 46 

25 of title 18, United States Code. 


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1 ‘‘(d) EXCEPTIONS.—Subsections (a) through (c) do 

2 not apply to— 

3 ‘‘(1) the dispensing or selling of a prescription 

4 drug pursuant to telemedicine practices sponsored 

5 by— 

6 ‘‘(A) a hospital that has in effect a pro7 vider agreement under title XVIII of the Social 

8 Security Act (relating to the Medicare pro9 gram); or 

10 ‘‘(B) a group practice that has not fewer 

11 than 100 physicians who have in effect provider 

12 agreements under such title; or 

13 ‘‘(2) the dispensing or selling of a prescription 

14 drug pursuant to practices that promote the public 

15 health, as determined by the Secretary of Health 

16 and Human Services by regulation.’’. 

17 (2) CONFORMING AMENDMENT.—The table of 

18 contents for the Comprehensive Drug Abuse Preven19 tion and Control Act of 1970 (Public Law 91–513; 

20 84 Stat. 1236) is amended by inserting after the 

21 item relating to section 403 the following: 

‘‘403A. Penalty for Unlawful Sale of Prescription Drugs By Means of the Internet.’’. 

22 (i) PUBLICATION.—Section 403(c) of the Controlled 

23 Substances Act (21 U.S.C. 843(c)) is amended by— 

24 (1) designating the text as paragraph (1); and 


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1 (2) adding at the end the following: 

2 ‘‘(2)(A) It shall be unlawful for any person to use 

3 the Internet, or cause the Internet to be used, to advertise 

4 the sale of, or to offer to sell, distribute, or dispense, a 

5 controlled substance or prescription drug except as au6 thorized by this title. 

7 ‘‘(B) Violations of this paragraph include causing the 

8 placement on the Internet of an advertisement that refers 

9 to or directs prospective buyers to sellers of controlled sub10 stances or prescription drugs who are not registered under 

11 section 303(i). 

12 ‘‘(C) This paragraph does not apply to material that 

13 either— 

14 ‘‘(i) advertises the distribution of controlled 

15 substances or prescription drugs by nonpractitioners 

16 to the extent authorized by their registration under 

17 this title; or 

18 ‘‘(ii) merely advocates the use of a controlled 

19 substance or prescription drug or includes pricing 

20 information without attempting to facilitate an ac21 tual transaction involving a controlled substance or 

22 prescription drug.’’. 

23 (j) INJUNCTIVE RELIEF.—Section 512 of the Con24 trolled Substances Act (21 U.S.C. 882) is amended by 


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1 adding to the end of the section the following new sub2 section: 

3 ‘‘(c) STATE CAUSE OF ACTION PERTAINING TO ON4 LINE PHARMACIES.—(1) In any case in which the State 

5 has reason to believe that an interest of the residents of 

6 that State has been or is being threatened or adversely 

7 affected by the action of a person, entity, or Internet site 

8 that violates the provisions of section 303(i), 309(e), or 

9 311, the State may bring a civil action on behalf of such 

10 residents in a district court of the United States with ap11 propriate jurisdiction— 

12 ‘‘(A) to enjoin the conduct which violates this 

13 section; 

14 ‘‘(B) to enforce compliance with this section; 

15 ‘‘(C) to obtain damages, restitution, or other 

16 compensation, including civil penalties under section 

17 402(b); and 

18 ‘‘(D) to obtain such other legal or equitable re19 lief as the court may find appropriate. 

20 ‘‘(2)(A) Prior to filing a complaint under paragraph 

21 (1), the State shall serve a copy of the complaint upon 

22 the Attorney General and upon the United States Attor23 ney for the judicial district in which the complaint is to 

24 be filed. In any case where such prior service is not fea25 sible, the State shall serve the complaint on the Attorney 


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1 General and the appropriate United States Attorney on 

2 the same day that the State’s complaint is filed in Federal 

3 district court of the United States. Such proceedings shall 

4 be independent of, and not in lieu of, criminal prosecutions 

5 or any other proceedings under this title or any other laws 

6 of the United States. 

7 ‘‘(B)(i) Not later than 120 days after the later of the 

8 date on which a State’s complaint is served on the Attor9 ney General and the appropriate United States Attorney, 

10 or the date on which the complaint is filed, the United 

11 States shall have the right to intervene as a party in any 

12 action filed by a State under paragraph (1). 

13 ‘‘(ii) After the 120-day period described in clause (i) 

14 has elapsed, the United States may, for good cause shown, 

15 intervene as a party in an action filed by a State under 

16 paragraph (1). 

17 ‘‘(iii) Notice and an opportunity to be heard with re18 spect to intervention shall be afforded the State that filed 

19 the original complaint in any action in which the United 

20 States files a complaint in intervention under clause (i) 

21 or a motion to intervene under clause (ii). 

22 ‘‘(iv) The United States may file a petition for appeal 

23 of a judicial determination in any action filed by a State 

24 under this section. 


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1 ‘‘(C) Service of a State’s complaint on the United 

2 States as required in this paragraph shall be made in ac3 cord with the requirements of Federal Rule of Civil Proce4 dure 4(i)(1). 

5 ‘‘(3) For purposes of bringing any civil action under 

6 paragraph (1), nothing in this Act shall prevent an attor7 ney general of a State from exercising the powers con8 ferred on the attorney general of a State by the laws of 

9 such State to conduct investigations or to administer oaths 

10 or affirmations or to compel the attendance of witnesses 

11 of or the production of documentary or other evidence. 

12 ‘‘(4) Any civil action brought under paragraph (1) in 

13 a district court of the United States may be brought in 

14 the district in which the defendant is found, is an inhab15 itant, or transacts business or wherever venue is proper 

16 under section 1391 of title 28, United States Code. Proc17 ess in such action may be served in any district in which 

18 the defendant is an inhabitant or in which the defendant 

19 may be found. 

20 ‘‘(5) No private right of action is created under this 

21 subsection.’’. 

22 (k) FORFEITURE OF FACILITATING PROPERTY IN

23 DRUG CASES.—Section 511(a)(4) of the Controlled Sub24 stances Act (21 U.S.C. 881(a)(4)) is amended to read as 

25 follows: 


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1 ‘‘(4) Any property, real or personal, tangible or 

2 intangible, used or intended to be used to commit, 

3 or to facilitate the commission, of a violation of this 

4 title or title III, and any property traceable there5 to.’’. 

6 (l) IMPORT AND EXPORT ACT.—Section 1010(b) of 

7 the Controlled Substances Import and Export Act (21 

8 U.S.C. 960(b)) is amended— 

9 (1) in paragraph (4) by— 

10 (A) striking ‘‘or any quantity of a con11 trolled substance in schedule III, IV, or V, (ex12 cept a violation involving flunitrazepam and ex13 cept a violation involving gamma hydroxy14 butyric acid)’’; 

15 (B) inserting ‘‘, or’’ before ‘‘less than one 

16 kilogram of hashish oil’’; and 

17 (C) striking ‘‘imprisoned’’ and all that fol18 lows through the end of the paragraph and in19 serting ‘‘sentenced in accordance with section 

20 401(b)(1)(D) of this title (21 U.S.C. 

21 841(b)(1)(E)).’’; 

22 (2) by adding at the end the following: 

23 ‘‘(5) In the case of a violation of subsection (a) of 

24 this section involving a controlled substance in schedule 


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1 III, such person shall be sentenced in accordance with sec2 tion 401(b)(1)(E). 

3 ‘‘(6) In the case of a violation of subsection (a) of 

4 this section involving a controlled substance in schedule 

5 IV (except a violation involving flunitrazepam), such per6 son shall be sentenced in accordance with section 

7 401(b)(2). 

8 ‘‘(7) In the case of a violation of subsection (a) of 

9 this section involving a controlled substance in schedule 

10 V, such person shall be sentenced in accordance with sec11 tion 401(b)(3).’’; and 

12 (3) in paragraph (3), by striking ‘‘, nor shall a 

13 person so sentenced be eligible for parole during the 

14 term of such a sentence’’ in the final sentence. 

15 (m) EFFECTIVE DATE.—The amendments made by 

16 this Act shall become effective 60 days after the date of 

17 enactment of this Act. 

18 (n) GUIDELINES AND REGULATIONS.— 

19 (1) IN GENERAL.—The Attorney General may 

20 promulgate and enforce any rules, regulations, and 

21 procedures which may be necessary and appropriate 

22 for the efficient execution of functions under this 

23 subtitle, including any interim rules necessary for 

24 the immediate implementation of this Act, on its ef25 fective date. 


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25 

•S 3834 IS

1 (2) SENTENCING GUIDELINES.—The United 

2 States Sentencing Commission, in determining 

3 whether to amend, or establish new, guidelines or 

4 policy statements, to conform the guidelines and pol5 icy statements to this Act and the amendments 

6 made by this Act, may not construe any change in 

7 the maximum penalty for a violation involving a con8 trolled substance in a particular schedule as requir9 ing an amendment to, or establishing a new, guide10 line or policy statement. 

Æ 


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