,,ii #aagth ,,congress #ast ,session ,s4 #ccii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ae1 #bjba,mr4 ,rubio 7for himself and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,federal ,food1 ,drug1 and ,cosmetic ,act to provide a process to lock and suspend domain names used to facilitate the online sale of drugs illegally1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,domain ,reform for ,unlawful ,drug ,sellers ,act or the ,,drugs ,act4 #b4 ,domain names used to facilitate the online sale of drugs illegally 7a7 ,in general ,subchapter ,a of chapter ,v of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cea et seq47 is amended by adding at the end the following3 #ebd;,b4 ,domain names used to facilitate the online sale of drugs illegally 7a7 ,in general ,a registry operator or registrar shall-- 7#a7 not later than #bd hours after receipt of a notification from a trusted notifier respecting a domain name that is used to facilitate the online sale of drugs illegally and that is under the control of the registry operator or registrar1 lock the domain name2 and 7#b7 not later than #g days after receipt of such notification1 suspend the domain name4 7b7 ,notice ,subsection 7a7 shall apply in the case of a notification by a trusted notifier that includes1 at a minimum-- 7#a7 the domain name being reported to the appropriate registry operator or registrar2 7#b7 the date of observation that the domain name was used to facilitate the online sale of drugs illegally2 7#c7 a summary of the alleged activities that constitute a domain name being used to facilitate the online sale of drugs illegally2 and 7#d7 a statement that evidence of offering drugs illegally1 such as a screenshot1 has been retained1 and is available to be shared with the registry operator or registrar4 7c7 ,registrant ,appeal 7#a7 ,in general ,any registrant whose domain name is locked and suspended pursuant to subsection 7a7 may appeal such action to the trusted notifier pursuant to paragraph 7#b74 ,the domain name shall remain locked and suspended until a final determination of the merits of the appeal has been made4 7#b7 ,appeals 7,a7 ,in general ,in bringing such an appeal1 the registrant for the locked and suspended domain name may do any of the following3 7i7 ,contact the applicable registry operator or registrar to request information regarding the business name1 or personal name if the trusted notifier is not a business1 and the email address1 of the trusted notifier who submitted the notification regarding the domain name4 7ii7 ,dispute the notification by submitting the following to the applicable trusted notifier3 7,i7 ,a copy of the registrant's pharmacy licenses for all jurisdictions where it offered to ship prescription medicines at the time of the notification where such licensure is legally required in such jurisdiction1 or a copy of registrant's affiliated pharmacy's licenses for all jurisdictions where the registrant offered to facilitate the shipment of prescription medicines at the time of the notification where such licensure is legally required in such jurisdiction4 7,,ii7 ,the license information of the medical practitioner involved in issuing the prescription facilitated in part by the registrant's domain name where practitioner licensure is legally required in such jurisdiction4 7,b7 ,provision of information ,within #ae days after receiving a request under subparagraph 7,a77i71 a registry operator or registrar shall provide the requested information4 7,c7 ,investigation ,the applicable trusted notifier shall-- 7i7 conduct a reasonable investigation regarding the registrant and its domain name to determine whether notification under subsection 7a7 was improper2 and 7ii7 in conducting such investigation1 consider the information provided by the registrant under subparagraph 7,a74 7,d7 ,successful appeal ,if the appeal is successful1 the registry operator or registrar shall lift the suspension and unlock the domain name within #ae days4 7d7 ,rule of construction ,nothing in this section prohibits a registry operator or registrar from locking and suspending a domain name used to facilitate the online sale of drugs illegally before receipt of a notification under this section from a trusted notifier4 7e7 ,definitions ,in this section3 7#a7 ,domain name ,the term domain name means a name that-- 7,a7 identifies a specific location on the internet that belongs to a particular person2 and 7,b7 consists of #b or more textual segments separated by dots4 7#b7 ,domain name used to facilitate the online sale of drugs illegally ,the term domain name used to facilitate the online sale of drugs illegally means a domain name that identifies a location on the internet1 a primary or significant purpose of which is to introduce or deliver for introduction into interstate commerce a drug or controlled substance in violation of this ,act or the ,controlled ,substances ,act4 7#c7 ,lock ,the term lock means1 with respect to a domain name1 for the registry operator or registrar to systematically prevent the domain name from being updated1 transferred1 or deleted during the balance of the registration of the domain name1 which may be achieved using domain name registration protocols4 7#d7 ,prescription drug ,the term prescription drug means a drug subject to section #ejc7;b77#a74 7#e7 ,registrar ,the term registrar means an organization that-- 7,a7 manages the registration of domain names2 and 7,b7 during the registration process-- 7i7 verifies that the requested domain name meets registry requirements2 and 7ii7 submits the name to the appropriate registry operator4 7#f7 ,registry ,the term registry means an authoritative master database of the domain names registered in a top-level domain4 7#g7 ,registry operator ,the term registry operator means an organization that maintains a registry1 including by-- 7,a7 receiving requests from registrars to add1 delete1 or modify domain names2 and 7,b7 making the requested changes in the registry4 7#h7 ,suspend ,the term suspend means1 with respect to a domain name1 for the registry operator or registrar to systematically disable the functionality of the domain name through a hold or suspension during the balance of the registration of the domain name1 which may be achieved using domain name registration protocols4 7#i7 ,trusted notifier ,the term trusted notifier includes the following 7and the designees and agents thereof73 7,a7 ,the ,food and ,drug ,administration4 7,b7 ,the ,department of ,justice1 including the ,drug ,enforcement ,administration4 7,c7 ,the ,department of ,homeland ,security4 7,d7 ,a ,state attorney general4 7,e7 ,a ,state board of pharmacy4 7,f7 ,a nonprofit organization with a membership or governance comprised exclusively of representatives of-- 7i7 agencies or officials specified in any of subparagraphs 7,a7 through 7,e72 or 7ii7 similarly positioned 7as determined by the ,commissioner of ,food and ,drugs7 agencies or officials4 7,g7 ,any entity currently under contract or in a public-private partnership with the ,food and ,drug ,administration or the ,drug ,enforcement ,agency to share information related to online drug sales4 7,h7 ,any other entity identified by the ,food and ,drug ,administration as a trusted notifier for purposes of this section1 taking into consideration1 at minimum1 whether the entity-- 7i7 is registered to do business in the ,united ,states2 7ii7 agrees to share notification data1 upon request1 with the ,food and ,drug ,administration and the ,drug ,enforcement ,agency2 7iii7 does not knowingly or with willful ignorance approve or do business with entities that fail to adhere to the regulations of the ,food and ,drug ,administration or the ,drug ,enforcement ,agency2 and 7iv7 has published on the website of such entity policies and procedures for how the entity will issue notifications under subsection 7a74 4 7b7 ,prohibited act ,section #cja of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cca7 is amended by adding at the end the following3 7fff7 ,the failure by a registry operator or registrar to lock and suspend any domain name in its control in violation of section #ebd;,b4 4 7c7 ,applicability ,sections #cja7;fff7 and #ebd;,b of the ,federal ,food1 ,drug1 and ,cosmetic ,act1 as added by this section1 shall apply beginning on the date that is #fj days after the date of enactment of this ,act4