H. R. 6353—12 
bring a civil action on behalf of such residents in a district 
court of the United States with appropriate jurisdiction— 
‘‘(A) to enjoin the conduct which violates this section; 
‘‘(B) to enforce compliance with this section; 
‘‘(C) to obtain damages, restitution, or other compensa-
tion, including civil penalties under section 402(b); and 
‘‘(D) to obtain such other legal or equitable relief as 
the court may find appropriate. 
‘‘(2) SERVICE; INTERVENTION.— 
‘‘(A) Prior to filing a complaint under paragraph (1), 
the State shall serve a copy of the complaint upon the 
Attorney General and upon the United States Attorney 
for the judicial district in which the complaint is to be 
filed. In any case where such prior service is not feasible, 
the State shall serve the complaint on the Attorney General 
and the appropriate United States Attorney on the same 
day that the State’s complaint is filed in Federal district 
court of the United States. Such proceedings shall be inde-
pendent of, and not in lieu of, criminal prosecutions or 
any other proceedings under this title or any other laws 
of the United States. 
‘‘(B) Upon receiving notice respecting a civil action 
pursuant to this section, the United States shall have the 
right to intervene in such action and, upon so intervening, 
to be heard on all matters arising therein, and to file 
petitions for appeal. 
‘‘(C) Service of a State’s complaint on the United States 
as required in this paragraph shall be made in accord 
with the requirements of rule 4(i)(1) of the Federal Rule 
of Civil Procedure. 
‘‘(3) POWERS CONFERRED BY STATE LAW.—For purposes of 
bringing any civil action under paragraph (1), nothing in this 
Act shall prevent an attorney general of a State from exercising 
the powers conferred on the attorney general of a State by 
the laws of such State to conduct investigations or to administer 
oaths or affirmations or to compel the attendance of witnesses 
of or the production of documentary or other evidence. 
‘‘(4) VENUE.—Any civil action brought under paragraph 
(1) in a district court of the United States may be brought 
in the district in which the defendant is found, is an inhabitant, 
or transacts business or wherever venue is proper under section 
1391 of title 28, United States Code. Process in such action 
may be served in any district in which the defendant is an 
inhabitant or in which the defendant may be found. 
‘‘(5) NO PRIVATE RIGHT OF ACTION.—No private right of 
action is created under this subsection. 
‘‘(6) LIMITATION.—No civil action may be brought under 
paragraph (1) against— 
‘‘(A) the United States; 
‘‘(B) an Indian Tribe or tribal organization, to the 
extent such tribe or tribal organization is lawfully carrying 
out a contract or compact under the Indian Self-Determina-
tion and Education Assistance Act; or 
‘‘(C) any employee of the United States or such Indian 
tribe or tribal organization, provided such agent or 
employee is acting in the usual course of business or
H. R. 6353—13 
employment, and within the scope of the official duties 
of such agent or employee therewith.’’. 
(i) IMPORT AND EXPORT ACT.—Section 1010(b) of the Controlled 
Substances Import and Export Act (21 U.S.C. 960(b)) is amended— 
(1) in paragraph (4)— 
(A) by striking ‘‘or any quantity of a controlled sub-
stance in schedule III, IV, or V, (except a violation involving 
flunitrazepam and except a violation involving gamma 
hydroxybutyric acid)’’; 
(B) by inserting ‘‘or’’ before ‘‘less than one kilogram 
of hashish oil’’; and 
(C) by striking ‘‘imprisoned’’ and all that follows 
through the end of the paragraph and inserting ‘‘sentenced 
in accordance with section 401(b)(1)(D).’’; 
(2) by adding at the end the following: 
‘‘(5) In the case of a violation of subsection (a) involving a 
controlled substance in schedule III, such person shall be sentenced 
in accordance with section 401(b)(1). 
‘‘(6) In the case of a violation of subsection (a) involving a 
controlled substance in schedule IV, such person shall be sentenced 
in accordance with section 401(b)(2). 
‘‘(7) In the case of a violation of subsection (a) involving a 
controlled substance in schedule V, such person shall be sentenced 
in accordance with section 401(b)(3).’’; and 
(3) in paragraph (3), by striking ‘‘, nor shall a person 
so sentenced be eligible for parole during the term of such 
a sentence’’ in the final sentence. 
(j) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
amendments made by this Act shall take effect 180 days after 
the date of enactment of this Act. 
(2) DEFINITION OF PRACTICE OF TELEMEDICINE.— 
(A) IN GENERAL.—Until the earlier of 3 months after 
the date on which regulations are promulgated to carry 
out section 311(h) of the Controlled Substances Act, as 
amended by this Act, or 15 months after the date of enact-
ment of this Act— 
(i) the definition of the term ‘‘practice of telemedi-
cine’’ in subparagraph (B) of this paragraph shall apply 
for purposes of the Controlled Substances Act; and 
(ii) the definition of the term ‘‘practice of telemedi-
cine’’ in section 102(54) of the Controlled Substances 
Act, as amended by this Act, shall not apply. 
(B) TEMPORARY PHASE-IN OF TELEMEDICINE REGULA-
TION.—During the period specified in subparagraph (A), 
the term ‘‘practice of telemedicine’’ means the practice of 
medicine in accordance with applicable Federal and State 
laws by a practitioner (as that term is defined in section 
102 of the Controlled Substances Act (21 U.S.C. 802)) (other 
than a pharmacist) who is at a location remote from the 
patient and is communicating with the patient, or health 
care professional who is treating the patient, using a tele-
communications system referred to in section 1834(m) of 
the Social Security Act (42 U.S.C. 1395m(m)), if the practi-
tioner is using an interactive telecommunications system 
that satisfies the requirements of section 410.78(a)(3) of 
title 42, Code of Federal Regulations.
H. R. 6353—14 
(C) RULE
OF
CONSTRUCTION.—Nothing in this sub-
section may be construed to create a precedent that any 
specific course of conduct constitutes the ‘‘practice of tele-
medicine’’ (as that term is defined in section 102(54) of 
the Controlled Substances Act, as amended by this Act) 
after the end of the period specified in subparagraph (A). 
(k) GUIDELINES AND REGULATIONS.— 
(1) IN GENERAL.—The Attorney General may promulgate 
and enforce any rules, regulations, and procedures which may 
be necessary and appropriate for the efficient execution of func-
tions under this Act or the amendments made by this Act, 
and, with the concurrence of the Secretary of Health and 
Human Services where this Act or the amendments made by 
this Act so provide, promulgate any interim rules necessary 
for the implementation of this Act or the amendments made 
by this Act, prior to its effective date. 
(2) SENTENCING
GUIDELINES.—The United States Sen-
tencing Commission, in determining whether to amend, or 
establish new, guidelines or policy statements, to conform the 
Federal sentencing guidelines and policy statements to this 
Act and the amendments made by this Act, should not construe 
any change in the maximum penalty for a violation involving 
a controlled substance in a particular schedule as being the 
sole reason to amend, or establish a new, guideline or policy 
statement. 
(l) ANNUAL REPORT.—Not later than 180 days after the date 
of enactment of this Act, and annually for 2 years after the initial 
report, the Drug Enforcement Administration, in consultation with 
the Department of State, shall submit to Congress a report 
describing— 
(1) the foreign supply chains and sources of controlled 
substances offered for sale without a valid prescription on the 
Internet; 
(2) the efforts and strategy of the Drug Enforcement 
Administration to decrease the foreign supply chain and sources 
of controlled substances offered for sale without a valid prescrip-
tion on the Internet; and 
(3) the efforts of the Drug Enforcement Administration 
to work with domestic and multinational pharmaceutical 
companies and others to build international cooperation and 
a commitment to fight on a global scale the problem of distribu-
tion of controlled substances over the Internet without a valid 
prescription.
H. R. 6353—15 
SEC. 4. RULE OF CONSTRUCTION. 
Nothing in this Act or the amendments made by this Act 
shall be construed as authorizing, prohibiting, or limiting the use 
of electronic prescriptions for controlled substances. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.