‘‘(c) PRIMARY
ENFORCEMENT
AUTHORITY
FOR 
STATES.—
‘‘(1) IN GENERAL.—With respect to the pur-
chase of a prescription drug, if a State has in effect 
requirements for Internet sites that are no less 
stringent than the requirements established in sub-
section (b) for such sites, and has adequate proce-
dures for the enforcement of the requirements, the 
State has primary enforcement responsibility for any 
violation involving such a purchase made from with-
in the State. 
‘‘(2) DETERMINATION.—The Secretary shall by 
regulation establish a procedure through which a 
State can, upon the request of the State, obtain 
from the Secretary a determination of whether 
under paragraph (1) the State has primary enforce-
ment responsibility. Not later than 180 days after 
the date of the enactment of the Internet Pharmacy 
Consumer Protection Act, the Secretary shall issue 
a proposed rule for purposes of the preceding sen-
tence. 
‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1) The term ‘Internet’ means collectively the 
myriad of computer and telecommunications facili-
ties, including equipment and operating software,
which comprise the interconnected world-wide net-
work of networks that employ the Transmission 
Control Protocol/Internet Protocol, or any prede-
cessor or successor protocols to such protocol, to 
communicate information of all kinds by wire or 
radio. 
‘‘(2) The term ‘link’, with respect to the Inter-
net, means one or more letters, words, numbers, 
symbols, or graphic items that appear on a page of 
an Internet site for the purpose of serving, when ac-
tivated, as a method for executing an electronic com-
mand—
‘‘(A) to move from viewing one portion of 
a page on such site to another portion of the 
page; 
‘‘(B) to move from viewing one page on 
such site to another page on such site; or 
‘‘(C) to move from viewing a page on one 
Internet site to a page on another Internet site. 
‘‘(3) The term ‘page’, with respect to the Inter-
net, means a document or other file accessed at an 
Internet site. 
‘‘(4) The term ‘prescription drug’ means a drug 
subject to section 503(b).
‘‘(5)(A) The terms ‘site’ and ‘address’, with re-
spect to the Internet, mean a specific location on the 
Internet that is determined by Internet protocol 
numbers. Such term includes the domain name, if 
any. 
‘‘(B) The term ‘domain name’ means a method 
of representing an Internet address without direct 
reference to the Internet Protocol numbers for the 
address, including methods that use the designations 
‘.com’, ‘.edu’, ‘.gov’, and ‘.org’. 
‘‘(C) The term ‘Internet Protocol numbers’ in-
cludes any successor protocol for determining a spe-
cific location on the Internet.’’. 
(b) INCLUSION AS PROHIBITED ACT.—Section 301 of 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
331) is amended by inserting after paragraph (k) the fol-
lowing: 
‘‘(l) The introduction or delivery for introduction into 
interstate commerce of a prescription drug in violation of 
section 503B.’’. 
SEC. 3. EFFECTIVE DATE. 
The amendments made by section 2 take effect upon 
the expiration of the 60-day period beginning on the date 
of the enactment of this Act, without regard to whether 
a final rule to implement such amendments has been pro-
mulgated by the Secretary of Health and Human Services 
under section 701(a) of the Federal Food, Drug, and Cos-
metic Act. The preceding sentence may not be construed 
as affecting the authority of such Secretary to promulgate 
such a final rule.
Æ