OPEN Act

Summary: Opioid Program Evaluation Act or the OPEN Act (Sec. 2) This bill directs the Department of Justice (DOJ) to enter into an arrangement with the National Academy of Sciences (NAS) to identify outcomes and develop metrics to evaluate: (1) the incidence of opioid abuse and illegal opioid distribution, and (2) the effectiveness of a DOJ grant program to provide opioid abuse services. DOJ must publish outcomes and metrics and require grant recipients to collect and report data. The NAS must publish the evaluations.  (Sec. 3) Additionally, the bill directs the Department of Health and Human Services (HHS) to enter into an arrangement with the NAS to identify outcomes and develop metrics to evaluate: (1) the incidence of opioid abuse and illegal opioid distribution, and (2) the effectiveness of HHS grant programs to address opioid abuse. HHS must publish outcomes and metrics and require grant recipients to collect and report data. The NAS must publish the evaluations. (Sec. 6) It amends the Justice Assistance Act of 1984 to reduce for FY2022 the authorization of appropriation for financial assistance under the Emergency Federal Law Enforcement Assistance program. 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Opioid Program Evaluation Act'' or 
the ``OPEN Act''.

SEC. 2. EVALUATION OF PERFORMANCE OF DEPARTMENT OF JUSTICE PROGRAM.

    (a) Evaluation of Justice Department Comprehensive Opioid Abuse 
Grant Program.--Not later than 5 years after the date of enactment of 
this Act, the Attorney General shall complete an evaluation of the 
effectiveness of the Comprehensive Opioid Abuse Grant Program under 
part LL of the Omnibus Crime Control and Safe Streets Act of 1968 
administered by the Department of Justice based upon the information 
reported under subsection (d) of this section.
    (b) Interim Evaluation.--Not later than 3 years after the date of 
enactment of this Act, the Attorney General shall complete an interim 
evaluation assessing the nature and extent of the incidence of opioid 
abuse and illegal opioid distribution in the United States.
    (c) Metrics and Outcomes for Evaluation.--Not later than 180 days 
after the date of enactment of this Act, the Attorney General shall 
identify outcomes that are to be achieved by activities funded by the 
Comprehensive Opioid Grant Abuse Program and the metrics by which the 
achievement of such outcomes shall be determined.
    (d) Metrics Data Collection.--The Attorney General shall require 
grantees under the Comprehensive Opioid Abuse Grant Program (and those 
receiving subawards under section 3021(b) of part LL of the Omnibus 
Crime Control and Safe Streets Act of 1968) to collect and annually 
report to the Department of Justice data based upon the metrics 
identified under subsection (c).
    (e) Publication of Data and Findings.--
            (1) Publication of outcomes and metrics.--The Attorney 
        General shall, not later than 30 days after completion of the 
        requirement under subsection (c), publish the outcomes and 
        metrics identified under that subsection.
            (2) Publication of evaluation.--In the case of the interim 
        evaluation under subsection (b), and the final evaluation under 
        subsection (a), the National Academy of Sciences shall, not 
        later than 90 days after such an evaluation is completed, 
        publish the results of such evaluation and issue a report on 
        such evaluation to the Committee on the Judiciary of the House 
        of Representatives and the Committee on the Judiciary of the 
        Senate. Such report shall also be published along with the data 
        used to make such evaluation.
    (f) Arrangement With the National Academy of Sciences.--For 
purposes of subsections (a), (b), and (c), the Attorney General shall 
enter into an arrangement with the National Academy of Sciences.

SEC. 3. EVALUATION OF PERFORMANCE OF DEPARTMENT OF HEALTH AND HUMAN 
              SERVICES PROGRAM.

    (a) Evaluation of Department of Health and Human Services 
Programs.--Not later than 5 years after the date of enactment of this 
Act, except as otherwise provided in this section, the Secretary of 
Health and Human Services shall complete an evaluation of any program 
administered by the Secretary that provides grants for the primary 
purpose of providing assistance in addressing problems pertaining to 
opioid abuse based upon the information reported under subsection (d) 
of this section.
    (b) Interim Evaluation.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall complete an interim 
evaluation assessing the nature and extent of the incidence of opioid 
abuse and illegal opioid distribution in the United States.
    (c) Metrics and Outcomes for Evaluation.--Not later than 180 days 
after the date of enactment of this Act, the Secretary shall identify 
outcomes that are to be achieved by activities funded by the programs 
described in subsection (a) and the metrics by which the achievement of 
such outcomes shall be determined.
    (d) Metrics Data Collection.--The Secretary shall require grantees 
under the programs described in subsection (a) to collect and annually 
report to the Department of Health and Human Services data based upon 
the metrics identified under subsection (c).
    (e) Publication of Data and Findings.--
            (1) Publication of outcomes and metrics.--The Secretary 
        shall, not later than 30 days after completion of the 
        requirement under subsection (c), publish the outcomes and 
        metrics identified under that subsection.
            (2) Publication of evaluation.--In the case of the interim 
        evaluation under subsection (b), and each final evaluation 
        under subsection (a), the National Academy of Sciences shall, 
        not later than 90 days after such an evaluation is completed, 
        publish the results of such evaluation and issue a report on 
        such evaluation to the Committee on Energy and Commerce of the 
        House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions of the Senate. Such report shall 
        also be published along with the data used to make such 
        evaluation.
    (f) Arrangement With the National Academy of Sciences.--For 
purposes of subsections (a), (b), and (c), the Secretary shall--
            (1) enter into an arrangement with the National Academy of 
        Sciences; or
            (2) enter into a contract or cooperative agreement with an 
        entity that is not an agency of the Federal Government.
    (g) Exception.--If a program described under subsection (a) is 
subject to an evaluation substantially similar to the evaluation under 
subsection (a) pursuant to another provision of law, the Secretary may 
opt not to conduct an evaluation under subsection (a) of such program.

SEC. 4. DEFINITION.

    In this Act, the term ``opioid'' has the meaning given the term 
``opiate'' in section 102 of the Controlled Substances Act (21 U.S.C. 
802).

SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to be appropriated to carry out 
this Act.

SEC. 6. MATTERS REGARDING CERTAIN FEDERAL LAW ENFORCEMENT ASSISTANCE.

    Section 609Y of the Justice Assistance Act of 1984 (42 U.S.C. 
10513) is amended--
            (1) in subsection (a), by striking ``There is'' and 
        inserting ``Except as provided in subsection (c), there is''; 
        and
            (2) by adding at the end the following:
    ``(c) For fiscal year 2022, there is authorized to be appropriated 
$16,000,000, to provide under this chapter Federal law enforcement 
assistance in the form of funds.''.

            Passed the House of Representatives May 10, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.