‘‘(i) the person has been convicted of 
a felony for conduct relating to the impor-
tation into the United States of any drug 
or controlled substance (as defined in sec-
tion 102 of the Controlled Substances 
Act); or 
‘‘(ii) the person has engaged in a pat-
tern of importing or offering for import 
drugs that are— 
‘‘(I) adulterated, misbranded, or 
in violation of section 505; or 
‘‘(II) controlled substances whose 
importation is prohibited pursuant to 
section 401(m) of the Tariff Act of 
1930.’’. 
SEC. 7. ACCOUNT TO STRENGTHEN EFFORTS OF FDA TO 
COMBAT THE OPIOID AND SUBSTANCE USE 
EPIDEMIC. 
(a) IN GENERAL.—The Commissioner of Food and 
Drugs (referred to in this section as the ‘‘Commissioner’’) 
shall use any funds appropriated pursuant to the author-
ization of appropriations under subsection (c) to carry out 
the programs and activities described in subsection (d) to 
strengthen and facilitate the Food and Drug Administra-
tion’s efforts to address the opioid and substance use epi-
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demic. Such funds shall be in addition to any funds which 
are otherwise available to carry out such programs and 
activities. 
(b) FDA OPIOID AND SUBSTANCE USE EPIDEMIC 
RESPONSE FUND.— 
(1) ESTABLISHMENT OF FUND.—There is es-
tablished in the Treasury an account, to be known 
as the FDA Opioid and Substance Use Epidemic 
Response Fund (referred to in this subsection as the 
‘‘Fund’’), for purposes of funding the programs and 
activities described in subsection (d). 
(2) TRANSFER.—For the period of fiscal years 
2019 through 2023, $110,000,000 shall be trans-
ferred to the Fund from the general fund of the 
Treasury. 
(3) 
AMOUNTS
DEPOSITED.—Any 
amounts 
transferred under paragraph (2) shall remain un-
available in the Fund until such amounts are appro-
priated pursuant to subsection (c). 
(c) APPROPRIATIONS.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—For 
the period of fiscal years 2019 through 2023, there 
is authorized to be appropriated from the Account to 
the Food and Drug Administration, for the purpose 
of carrying out the programs and activities described 
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in subsection (d), an amount not to exceed the total 
amount transferred to the Account under subsection 
(b)(2). Notwithstanding subsection (g), such funds 
shall remain available until expended. 
(2) OFFSETTING FUTURE APPROPRIATIONS.— 
For any of fiscal years 2019 through 2023, for any 
discretionary appropriation out of the Account to the 
Food and Drug Administration pursuant to the au-
thorization of appropriations under paragraph (1) 
for the purpose of carrying out the programs and 
activities described in subsection (d), the total 
amount of such appropriations for the applicable fis-
cal year (not to exceed the total amount remaining 
in the Account) shall be subtracted from the esti-
mate of discretionary budget authority and the re-
sulting outlays for any estimate under the Congres-
sional Budget and Impoundment Control Act of 
1974 or the Balanced Budget and Emergency Def-
icit Control Act of 1985, and the amount transferred 
to the Account shall be reduced by the same 
amount. 
(d) FOOD AND DRUG ADMINISTRATION.—The en-
tirety of the funds made available pursuant to subsection 
(c)(1) shall be for the Commissioner of Food and Drugs, 
pursuant to applicable authorities in the Public Health 
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Service Act (42 U.S.C. 201 et seq.) or the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and other 
applicable law, to support widespread innovation in non- 
opioid and non-addictive medical products for pain treat-
ment, access to opioid addiction treatments, appropriate 
use of approved opioids, and efforts to reduce illicit impor-
tation of opioids. Such support may include the following 
programs and activities: 
(1) Obligating contract funds beginning in fis-
cal year 2019 for an educational campaign that 
will— 
(A) educate patients and their families to 
differentiate opioid medications; 
(B) raise awareness about preferred stor-
age and disposal methods; and 
(C) inform patients, families, and commu-
nities about medication-assisted treatment op-
tions. 
(2) Building the Food and Drug Administra-
tion’s presence in international mail facilities, includ-
ing through— 
(A) improvements in equipment and infor-
mation technology enhancements to identify un-
approved, counterfeit, or other unlawful phar-
maceuticals for destruction; 
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(B) increased and improved surveillance; 
(C) renovations at international mail facil-
ity locations; and 
(D) the purchase of laboratory equipment. 
(3) Enhancing the identification and targeting 
of firms and products being offered for import into 
the United States through review and analysis of 
websites, imports data, and other sources of intel-
ligence thereby making best use of the Food and 
Drug Administration’s inspectional and analytical 
resources. 
(4) Increasing the number of staff to increase 
the number of packages being examined, ensuring 
the safety of the staff undertaking this work, and 
ensuring that packages identified as illegal, counter-
feit, misbranded, or adulterated are removed from 
commerce through available authorities, including 
administrative destruction. 
(5) Enhancing criminal investigations resources 
(including full-time equivalent employees and equip-
ment), imports surveillance, and international work. 
(6) Obtaining equipment and full-time equiva-
lent employees needed to efficiently screen and ana-
lyze products offered for import, including by build-
ing data libraries of new substances and analogues 
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