SEC. 2. BLOCK, REPORT, AND SUSPEND SUSPICIOUS OR-
DERS. 
(a) CLARIFICATION OF PROCESS FOR REGISTRANTS 
TO EXERCISE DUE DILIGENCE UPON DISCOVERING A 
SUSPICIOUS ORDER.—Paragraph (3) of section 312(a) of 
the Controlled Substances Act (21 U.S.C. 832(a)) is 
amended to read as follows: 
‘‘(3) upon discovering a suspicious order or se-
ries of orders, and in a manner consistent with the 
other requirements of this section— 
‘‘(A) exercise due diligence as appropriate; 
‘‘(B) establish and maintain (for not less 
than a period to be determined by the Adminis-
trator of the Drug Enforcement Administra-
tion) a record of the due diligence that was per-
formed; 
‘‘(C) decline to fill the order or series of 
orders if the due diligence fails to dispel all of 
the indicators that give rise to the suspicion 
that, if the order or series of orders is filled, the 
drugs that are the subject of the order or series 
of orders are likely to be diverted; and 
‘‘(D) notify the Administrator of the Drug 
Enforcement Administration and the Special 
Agent in Charge of the Division Office of the 
Drug Enforcement Administration for the area 
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in which the registrant is located or conducts 
business of— 
‘‘(i) each suspicious order or series of 
orders discovered by the registrant; and 
‘‘(ii) the indicators giving rise to the 
suspicion that, if the order or series of or-
ders is filled, the drugs that are the sub-
ject of the order or series of orders are 
likely to be diverted.’’. 
(b) RESOLUTION OF SUSPICIOUS INDICATORS.—Sec-
tion 312 of the Controlled Substances Act (21 U.S.C. 832) 
is amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) RESOLUTION OF SUSPICIOUS INDICATORS.—If 
a registrant resolves all of the indicators giving rise to sus-
picion about an order or series of orders under subsection 
(a)(3)— 
‘‘(1) notwithstanding subsection (a)(3)(C), the 
registrant may choose to fill the order or series of 
orders; and 
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‘‘(2) notwithstanding subsection (a)(3)(D), the 
registrant may choose not to make the notification 
otherwise required by such subsection.’’. 
(c) REGULATIONS.—Not later than 1 year after the 
date of enactment of this Act, for purposes of subsections 
(a)(3) and (b) of section 312 of the Controlled Substances 
Act, as amended or inserted by subsection (a), the Attor-
ney General of the United States shall promulgate a final 
regulation specifying the indicators that give rise to a sus-
picion that, if an order or series of orders is filled, the 
drugs that are the subject of the order or series of orders 
are likely to be diverted. 
(d) PENALTY.—Section 402(a)(5) of the Controlled 
Substances Act (21 U.S.C. 842(a)(5)) is amended by in-
serting before the semicolon at the end the following: ‘‘or 
otherwise violates section 312(a)(3)’’. 
(e) APPLICABILITY.—Subsections (a)(3) and (b) of 
section 312 of the Controlled Substances Act, as amended 
or inserted by subsection (a), shall apply beginning on the 
day that is 1 year after the date of enactment of this Act. 
Until such day, section 312(a)(3) of the Controlled Sub-
stances Act shall apply as such section 312(a)(3) was in 
effect on the day before the date of enactment of this Act. 
Æ 
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