SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Using Data to Prevent 
Opioid Diversion Act of 2018’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) In 2016, there were nearly 64,000 drug 
overdose deaths in the United States. More than 
42,000 of these deaths were opioid-related. 
(2) The regulations promulgated under the 
Controlled Substances Act (21 U.S.C. 801 et seq.) 
require drug manufacturers and distributors to— 
(A) provide effective controls against the 
diversion of controlled substances; 
(B) detect and disclose suspicious orders to 
the Drug Enforcement Administration; and 
(C) keep complete and accurate records re-
lating to the manufacture or distribution of 
controlled substances. 
(3) Despite the requirements described in para-
graph (2), it has been publicly reported that between 
2006 and 2016, nearly 21,000,000 opioids were dis-
tributed to 2 pharmacies in Williamson, West Vir-
ginia, which has a population of approximately 
3,000. It has been further reported that between 
2007 and 2008, nearly 9,000,000 pills were distrib-
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uted to a single pharmacy in Kermit, West Virginia, 
which has a population of 392. 
(4) Similarly, it has been publicly reported that 
780,000,000 oxycodone and hydrocodone pills were 
distributed to pharmacies throughout West Virginia 
between 2007 and 2012. In the same period, more 
than 1,700 people in the State died from overdoses 
of these 2 substances. 
(5) Drug manufacturers and distributors are 
required to report the sale, delivery or other disposal 
of narcotics to the Drug Enforcement Administra-
tion through the Automated Reports and Consoli-
dated Orders System. 
(6) Notwithstanding the reporting requirement 
described in paragraph (5), the Drug Enforcement 
Administration does not disclose the total quantity 
and type of opioids distributed to a single pharmacy 
or practitioner with those manufacturers and dis-
tributors who are required to input information into 
the Automated Reports and Consolidated Orders 
System. This creates a barrier to identifying and 
stopping potentially suspicious orders. 
(7) Although manufacturers and distributors 
are already required to provide effective controls 
against the diversion of controlled substances, this 
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lack of data sharing may create a barrier to better 
identifying and stopping potentially suspicious or-
ders. 
(8) On an annual basis, the Attorney General 
of the United States is statutorily required to share 
the controlled substance or substances in schedule II 
that have the highest rates of abuse and to prepare 
and make available reports on the distribution pat-
terns of such substances, with State regulatory, li-
censing, and law enforcement agencies. The Attor-
ney General of the United States has entered into 
data sharing agreements with the attorneys general 
of the vast majority of States, Puerto Rico, and the 
District of Colombia to share, pursuant to State law 
and policy, data obtained from State prescription 
drug monitoring programs and other sources. 
(9) To further reduce barriers associated with 
identifying suspicious patterns and stopping the di-
version of opioids, the remaining States and terri-
tories of the United States should enter into similar 
agreements with, and to the greatest extent practical 
share data obtained from State prescription drug 
monitoring programs with, the Attorney General of 
the United States. 
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SEC. 3. PROVISION AND REVIEW OF AUTOMATED REPORTS 
AND CONSOLIDATED ORDERS SYSTEMS IN-
FORMATION. 
(a) RECORDS AND REPORTS OF REGISTRANTS.—Sec-
tion 307 of the Controlled Substances Act (21 U.S.C. 827) 
is amended— 
(1) by redesignating subsections (f), (g), and 
(h) as subsections (g), (h), and (i), respectively; and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f)(1) The Attorney General shall, not less fre-
quently than quarterly, make the following information 
available to manufacturers and distributors registered 
under this title through the Automated Reports and Con-
solidated Orders System, or any subsequent automated 
system developed by the Drug Enforcement Administra-
tion to monitor selected controlled substances: 
‘‘(A) The total number of distributors reg-
istered under this title that distribute controlled sub-
stances to a pharmacy or practitioner registered 
under section 303(f), aggregated by the name and 
address of each pharmacy and practitioner reg-
istrant. 
‘‘(B) The total quantity and type of opioids dis-
tributed, listed by Administration Controlled Sub-
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stances Code Number, to each pharmacy and practi-
tioner registered under section 303(f). 
‘‘(2) The information required to be made available 
under paragraph (1) shall be made available not later than 
the 15th day of the first month following the quarter to 
which the information relates. 
‘‘(3)(A) All manufacturers and distributors registered 
under this title shall be responsible for reviewing the infor-
mation made available by the Attorney General under this 
subsection. 
‘‘(B) In determining whether to initiate proceedings 
under this title against a manufacturer or distributor reg-
istered under this title based on the failure of the reg-
istrant to maintain effective controls against diversion or 
otherwise comply with the requirements of this title or the 
regulations issued thereunder, the Attorney General may 
take into account that the information made available 
under this subsection was available to the registrant. 
‘‘(4) All of the reports required under this subsection 
shall be provided in electronic format.’’. 
(b) COOPERATIVE ARRANGEMENTS.—Section 503 of 
the Controlled Substances Act (21 U.S.C. 873) is amend-
ed— 
(1) by striking subsection (c) and inserting the 
following: 
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