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approval to a certified laboratory for use of completely 
paperless electronic Federal Drug Testing Custody and 
Control Forms, including to grant approval outside of the 
process under subsection (a). 
(c) ELECTRONIC SIGNATURES.—Not later than 18 
months after the date of the deadline under subsection 
(a)(2), the Secretary of Transportation shall issue a final 
rule revising part 40 of title 49, Code of Federal Regula-
tions, to authorize, to the extent practicable, the use of elec-
tronic signatures or digital signatures executed to electronic 
forms instead of traditional handwritten signatures exe-
cuted on paper forms. 
SEC. 4110. STATUS REPORTS ON COMMERCIAL DRIVER’S LI-
CENSE 
DRUG 
AND 
ALCOHOL 
CLEARING-
HOUSE. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, and biannually thereafter 
until the compliance date, the Administrator of the Federal 
Motor Carrier Safety Administration shall submit to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives a status report 
on implementation of the final rule for the Commercial 
Driver’s License Drug and Alcohol Clearinghouse (81 Fed. 
Reg. 87686), including—
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(1) an updated schedule, including benchmarks, 
for implementing the final rule as soon as practicable, 
but not later than the compliance date; and 
(2) a description of each action the Federal 
Motor Carrier Safety Administration is taking to im-
plement the final rule before the compliance date. 
(b) DEFINITION OF COMPLIANCE DATE.—In this sec-
tion, the term ‘‘compliance date’’ means the earlier of— 
(1) January 6, 2020; or 
(2) the date that the national clearinghouse re-
quired under section 31306a of title 49, United States 
Code, is operational. 
Subtitle B—Opioid Addiction 
Recovery Fraud Prevention 
SEC. 4201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Opioid Addiction 
Recovery Fraud Prevention Act of 2018’’. 
SEC. 4202. DEFINITIONS. 
In this subtitle: 
(1) OPIOID
TREATMENT
PRODUCT.—The term 
‘‘opioid treatment product’’ means a product, includ-
ing any supplement or medication, for use or mar-
keted for use in the treatment, cure, or prevention of 
an opioid use disorder.
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(2) OPIOID
TREATMENT
PROGRAM.—The term 
‘‘opioid treatment program’’ means a program that 
provides treatment for people diagnosed with, having, 
or purporting to have an opioid use disorder. 
(3) OPIOID USE DISORDER.—The term ‘‘opioid 
use disorder’’ means a cluster of cognitive, behavioral, 
or physiological symptoms in which the individual 
continues use of opioids despite significant opioid-in-
duced problems, such as adverse health effects. 
SEC. 4203. FALSE OR MISLEADING REPRESENTATIONS WITH 
RESPECT TO OPIOID TREATMENT PROGRAMS 
AND PRODUCTS. 
(a) UNLAWFUL ACTIVITY.—It is unlawful to make any 
deceptive representation with respect to the cost, price, effi-
cacy, performance, benefit, risk, or safety of any opioid 
treatment program or opioid treatment product. 
(b) ENFORCEMENT BY THE FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of subsection (a) shall be treated 
as a violation of a rule under section 18 of the Fed-
eral Trade Commission Act (15 U.S.C. 57a) regard-
ing unfair or deceptive acts or practices. 
(2) POWERS OF THE FEDERAL TRADE COMMIS-
SION.—
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(A) IN GENERAL.—The Federal Trade Com-
mission shall enforce this section in the same 
manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all ap-
plicable terms and provisions of the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.) 
were incorporated into and made a part of this 
section. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates subsection (a) shall be sub-
ject to the penalties and entitled to the privileges 
and immunities provided in the Federal Trade 
Commission Act as though all applicable terms 
and provisions of the Federal Trade Commission 
Act (15 U.S.C. 41 et seq.) were incorporated and 
made part of this section. 
(c) ENFORCEMENT BY STATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (4), in any case in which the attorney general 
of a State has reason to believe that an interest of the 
residents of the State has been or is threatened or ad-
versely affected by any person who violates subsection 
(a), the attorney general of the State, as parens 
patriae, may bring a civil action on behalf of the resi-
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dents of the State in an appropriate district court of 
the United States to obtain appropriate relief. 
(2) RIGHTS OF FEDERAL TRADE COMMISSION.— 
(A) NOTICE TO FEDERAL TRADE COMMIS-
SION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State shall notify the Federal Trade Com-
mission in writing that the attorney general 
intends to bring a civil action under para-
graph (1) before initiating the civil action. 
(ii) CONTENTS.—The notification re-
quired by clause (i) with respect to a civil 
action shall include a copy of the complaint 
to be filed to initiate the civil action. 
(iii) EXCEPTION.—If it is not feasible 
for the attorney general of a State to pro-
vide the notification required by clause (i) 
before initiating a civil action under para-
graph (1), the attorney general shall notify 
the Federal Trade Commission immediately 
upon instituting the civil action. 
(B) INTERVENTION
BY
FEDERAL
TRADE 
COMMISSION.—The Federal Trade Commission 
may—
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(i) intervene in any civil action 
brought by the attorney general of a State 
under paragraph (1); and 
(ii) upon intervening— 
(I) be heard on all matters arising 
in the civil action; and 
(II) file petitions for appeal. 
(3) INVESTIGATORY POWERS.—Nothing in this 
subsection shall be construed to prevent the attorney 
general of a State from exercising the powers con-
ferred on the attorney general by the laws of the State 
to conduct investigations, to administer oaths or affir-
mations, or to compel the attendance of witnesses or 
the production of documentary or other evidence. 
(4) PREEMPTIVE
ACTION
BY
FEDERAL
TRADE 
COMMISSION.—If the Federal Trade Commission or 
the Attorney General on behalf of the Commission in-
stitutes a civil action, or the Federal Trade Commis-
sion institutes an administrative action, with respect 
to a violation of subsection (a), the attorney general 
of a State may not, during the pendency of that ac-
tion, bring a civil action under paragraph (1) 
against any defendant or respondent named in the 
complaint of the Commission for the violation with
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respect to which the Commission instituted such ac-
tion. 
(5) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in any district 
court of the United States that meets applicable 
requirements relating to venue under section 
1391 of title 28, United States Code. 
(B) SERVICE OF PROCESS.—In an action 
brought under paragraph (1), process may be 
served in any district in which the defendant— 
(i) is an inhabitant; or 
(ii) may be found. 
(6) ACTIONS BY OTHER STATE OFFICIALS.—In 
addition to civil actions brought by attorneys general 
under paragraph (1), any other consumer protection 
officer of a State who is authorized by the State to 
do so may bring a civil action under paragraph (1), 
subject to the same requirements and limitations that 
apply under this subsection to civil actions brought 
by attorneys general. 
(d) AUTHORITY PRESERVED.—Nothing in this title 
shall be construed to limit the authority of the Federal
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Trade Commission or the Food and Drug Administration 
under any other provision of law. 
Attest: 
Secretary.