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[House Report 114-540]
[From the U.S. Government Publishing Office]

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 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.
---------------------------------------------------------------------------
    \1\For 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-criminal-justice/drug-
overdose-immunity-good-samaritan-laws.aspx.
    \2\See https://www.whitehouse.gov/blog/2013/03/29/good-samaritan-
overdose-response-laws-
lessons-learned-washington-state.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \3\Id.
---------------------------------------------------------------------------

                                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.

                      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 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. Sec. 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.''
    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) LThe extent to which ONDCP has reviewed Good 
        Samaritan laws and the findings from such a review;

        (2) LEfforts by the Director to encourage the enactment 
        of Good Samaritan laws; and

        (3) LA 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.''

                                 [all]
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