59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–540 

GOOD SAMARITAN ASSESSMENT ACT OF 2016 

MAY 6, 2016.—Committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

Mr. GOODLATTE, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 5048] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 5048) to require a study by the Comptroller General of the 

United States on Good Samaritan laws that pertain to treatment 

of opioid overdoses, and for other purposes, having considered the 

same, reports favorably thereon without amendment and recommends that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 2 

Committee Consideration ........................................................................................ 2 

Committee Votes ...................................................................................................... 2 

Committee Oversight Findings ............................................................................... 3 

New Budget Authority and Tax Expenditures ...................................................... 3 

Congressional Budget Office Cost Estimate .......................................................... 3 

Duplication of Federal Programs ............................................................................ 4 

Disclosure of Directed Rule Makings ..................................................................... 4 

Performance Goals and Objectives ......................................................................... 4 

Advisory on Earmarks ............................................................................................. 4 

Section-by-Section Analysis .................................................................................... 4 

Purpose and Summary 

H.R. 5048 directs the Government Accountability Office (GAO) to 

issue a report to the House and Senate Judiciary Committees, the 

House Oversight and Government Reform Committee, and the Senate Homeland Security and Governmental Affairs Committee, on 


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1For a table of State laws as of September 2015, see https://www.networkforphl.org/_asset/ 

qz5pvn/network-naloxone-10-4.pdf (p. 8); see also http://www.ncsl.org/research/civil-and-criminaljustice/drug-overdose-immunity-good-samaritan-laws.aspx. 2See https://www.whitehouse.gov/blog/2013/03/29/good-samaritan-overdose-response-lawslessons-learned-washington-state. 3 Id. 

the extent to which the Office of National Drug Control Policy 

(ONDCP) has reviewed Good Samaritan laws and the findings from 

such a review; efforts by the ONDCP Director to encourage the enactment of Good Samaritan laws; and a compilation of Good Samaritan laws in effect in the States, the territories, and the District of Columbia. 

Background and Need for the Legislation 

In recent years, states across the country have responded to the 

epidemic of opioid abuse and heroin use in a variety of ways. One 

example of an effort undertaken in many states has been the enactment of ‘‘Good Samaritan laws.’’ Every state has laws or regulations to protect citizens who render help to someone in need. In the 

context of opioids, Good Samaritan laws are laws that exempt from 

criminal or civil liability an individual who administers an opioid 

overdose reversal drug or device, such as naloxone, or who calls 

911 to report an overdose. 

Currently, more than half the states and the District of Columbia 

have some form of Good Samaritan law on the books.1 This is a 

major increase since 2013, when the number was 10 states and the 

District of Columbia.2 These laws vary widely from jurisdiction to 

jurisdiction, as far as who is protected (i.e., some laws differentiate 

between laypersons and those with medical training) and what offenses and violations may disqualify someone from receiving immunity. 

As Congress considers appropriate Federal responses to the 

opioid epidemic, one consideration is whether to enact a Federal 

Good Samaritan law. However, given the widespread activity in 

state legislatures on the issue, and the differences between the individual state statutes, it is prudent for Members to ask the Government Accountability Office to study the effects of the various 

Good Samaritan laws at the state level, and efforts by the ONDCP 

to address the issue.3 H.R. 5048 contains such a directive. 

Hearings 

The Committee on the Judiciary held no hearings on H.R. 5048. 

Committee Consideration 

On April 27, 2016, the Committee met in open session and ordered the bill H.R. 5048 favorably reported, without amendment, 

by voice vote, a quorum being present. 

Committee Votes 

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H.R. 

5048. 


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Committee Oversight Findings 

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

New Budget Authority and Tax Expenditures 

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

Congressional Budget Office Cost Estimate 

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 5048, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, May 5, 2016. 

Hon. BOB GOODLATTE, CHAIRMAN, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5048, the ‘‘Good Samaritan Assessment Act of 2016.’’ 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford, who 

can be reached at 226–2861. 

Sincerely, 

KEITH HALL, 

DIRECTOR. 

Enclosure 

cc: Honorable John Conyers, Jr. 

Ranking Member 

H.R. 5048—Good Samaritan Assessment Act of 2016. 

As ordered reported by the House Committee on the Judiciary 

on April 27, 2016. 

H.R. 5048 would direct the Government Accountability Office 

(GAO) to conduct a study of the various state and local Good Samaritan laws pertaining to opioid drug overdoses. The bill defines 

Good Samaritan laws as those that provide immunity for people 

who respond to opioid overdoes by rendering aid or calling for 

emergency assistance. 

CBO estimates that implementing the legislation would have no 

significant effect on the Federal budget because the information 


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needed to complete the report is readily available and would not 

take significant time or resources to compile. Because enacting the 

bill would not affect direct spending or revenues, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 5048 would not increase direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2027. 

H.R. 5048 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. The 

estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

Duplication of Federal Programs 

No provision of H.R. 5048 establishes or reauthorizes a program 

of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the 

Government Accountability Office to Congress pursuant to section 

21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

Disclosure of Directed Rule Makings 

The Committee estimates that H.R. 5048 specifically directs to be 

completed no specific rule makings within the meaning of 5 U.S.C. 

§ 551. 

Performance Goals and Objectives 

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R. 5048 directs the 

GAO to issue a report to the relevant House and Senate Committees on the ONDCP’s review of Good Samaritan laws; efforts by 

ONDCP to encourage the enactment of Good Samaritan laws; and 

a compilation of Good Samaritan laws in effect in the States, the 

territories, and the District of Columbia. 

Advisory on Earmarks 

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 5048 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(e), 9(f), or 9(g) of Rule XXI. 

Section-by-Section Analysis 

Section 1. Short Title. This section cites the short title of the bill 

as the ‘‘Good Samaritan Assessment Act of 2016.’’ 

Section 2. Finding. This section finds that ‘‘the executive branch, 

including the ONDCP, has a policy focus on preventing and addressing prescription drug misuse and heroin use, and has worked 

with States and municipalities to enact Good Samaritan laws that 

would protect caregivers, law enforcement personnel, and first responders who administer opioid overdose reversal drugs or devices.’’ 


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Section 3. GAO Study on Good Samaritan Laws Pertaining to 

Treatment of Opioid Overdoses. This section directs the Comptroller 

General to issue a report to the House and Senate Judiciary Committees, the House Oversight and Government Reform Committee, 

and the Senate Homeland Security and Governmental Affairs Committee, on 

(1) The extent to which ONDCP has reviewed Good Samaritan laws and the findings from such a review; 

(2) Efforts by the Director to encourage the enactment of 

Good Samaritan laws; and 

(3) A compilation of Good Samaritan laws in effect in the 

States, the territories, and the District of Columbia. 

Section 4. Definitions. This section provides definitions for the 

terms used in this bill, including ‘‘Good Samaritan law’’ and 

‘‘opioid.’’ 

Æ 


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