I 

114TH CONGRESS 

2D SESSION H. R. 5052 

To direct the Attorney General and the Secretary of Health and Human 

Services to evaluate the effectiveness of grant programs that provide 

grants for the primary purpose of providing assistance in addressing 

problems pertaining to opioid abuse, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2016 

Mr. MCCARTHY (for himself and Mr. HOYER) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To direct the Attorney General and the Secretary of Health 

and Human Services to evaluate the effectiveness of 

grant programs that provide grants for the primary purpose of providing assistance in addressing problems pertaining to opioid abuse, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Opioid Program Eval5 uation Act’’ or the ‘‘OPEN Act’’. 


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1 SEC. 2. EVALUATION OF PERFORMANCE OF DEPARTMENT 

2 OF JUSTICE PROGRAM. 

3 (a) EVALUATION OF JUSTICE DEPARTMENT COM4 PREHENSIVE OPIOID ABUSE GRANT PROGRAM.—Not 

5 later than 5 years after the date of enactment of this Act, 

6 the Attorney General shall complete an evaluation of the 

7 effectiveness of the Comprehensive Opioid Abuse Grant 

8 Program under part LL of the Omnibus Crime Control 

9 and Safe Streets Act of 1968 administered by the Depart10 ment of Justice based upon the information reported 

11 under subsection (d) of this section. 

12 (b) INTERIM EVALUATION.—Not later than 3 years 

13 after the date of enactment of this Act, the Attorney Gen14 eral shall complete an interim evaluation assessing the na15 ture and extent of the incidence of opioid abuse and illegal 

16 opioid distribution in the United States. 

17 (c) METRICS AND OUTCOMES FOR EVALUATION.— 

18 Not later than 180 days after the date of enactment of 

19 this Act, the Attorney General shall identify outcomes that 

20 are to be achieved by activities funded by the Comprehen21 sive Opioid Grant Abuse Program and the metrics by 

22 which the achievement of such outcomes shall be deter23 mined. 

24 (d) METRICS DATA COLLECTION.—The Attorney 

25 General shall require grantees under the Comprehensive 

26 Opioid Abuse Grant Program (and those receiving subVerDate Sep 11 2014 03:05 May 03, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5052.IH H5052

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1 awards under section 3021(b) of part LL of the Omnibus 

2 Crime Control and Safe Streets Act of 1968) to collect 

3 and annually report to the Department of Justice data 

4 based upon the metrics identified under subsection (c). 

5 (e) PUBLICATION OF DATA AND FINDINGS.— 

6 (1) PUBLICATION OF OUTCOMES AND

7 METRICS.—The Attorney General shall, not later 

8 than 30 days after completion of the requirement 

9 under subsection (c), publish the outcomes and 

10 metrics identified under that subsection. 

11 (2) PUBLICATION OF EVALUATION.—In the 

12 case of the interim evaluation under subsection (b), 

13 and the final evaluation under subsection (a), the 

14 National Academy of Sciences shall, not later than 

15 90 days after such an evaluation is completed, pub16 lish the results of such evaluation and issue a report 

17 on such evaluation to the Committee on the Judici18 ary of the House of Representatives and the Com19 mittee on the Judiciary of the Senate. Such report 

20 shall also be published along with the data used to 

21 make such evaluation. 

22 (f) ARRANGEMENT WITH THE NATIONAL ACADEMY

23 OF SCIENCES.—For purposes of subsections (a), (b), and 

24 (c), the Attorney General shall enter into an arrangement 

25 with the National Academy of Sciences. 


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1 SEC. 3. EVALUATION OF PERFORMANCE OF DEPARTMENT 

2 OF HEALTH AND HUMAN SERVICES PRO3 GRAM. 

4 (a) EVALUATION OF JUSTICE DEPARTMENT COM5 PREHENSIVE OPIOID ABUSE GRANT PROGRAM.—Not 

6 later than 5 years after the date of enactment of this Act, 

7 the Secretary of Health and Human Services shall com8 plete an evaluation of any program administered by the 

9 Secretary that provides grants for the primary purpose of 

10 providing assistance in addressing problems pertaining to 

11 opioid abuse based upon the information reported under 

12 subsection (d) of this section. 

13 (b) INTERIM EVALUATION.—Not later than 3 years 

14 after the date of enactment of this Act, the Secretary shall 

15 complete an interim evaluation assessing the nature and 

16 extent of the incidence of opioid abuse and illegal opioid 

17 distribution in the United States. 

18 (c) METRICS AND OUTCOMES FOR EVALUATION.— 

19 Not later than 180 days after the date of enactment of 

20 this Act, the Secretary shall identify outcomes that are 

21 to be achieved by activities funded by the programs de22 scribed in subsection (a) and the metrics by which the 

23 achievement of such outcomes shall be determined. 

24 (d) METRICS DATA COLLECTION.—The Secretary 

25 shall require grantees under the programs described in 

26 subsection (a) to collect and annually report to the DeVerDate Sep 11 2014 03:05 May 03, 2016 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5052.IH H5052

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1 partment of Health and Human Services data based upon 

2 the metrics identified under subsection (c). 

3 (e) PUBLICATION OF DATA AND FINDINGS.— 

4 (1) PUBLICATION OF OUTCOMES AND

5 METRICS.—The Secretary shall, not later than 30 

6 days after completion of the requirement under sub7 section (c), publish the outcomes and metrics identi8 fied under that subsection. 

9 (2) PUBLICATION OF EVALUATION.—In the 

10 case of the interim evaluation under subsection (b), 

11 and each final evaluation under subsection (a), the 

12 National Academy of Sciences shall, not later than 

13 90 days after such an evaluation is completed, pub14 lish the results of such evaluation and issue a report 

15 on such evaluation to the Committee on Energy and 

16 Commerce of the House of Representatives and the 

17 Committee on Health, Education, Labor, and Pen18 sions of the Senate. Such report shall also be pub19 lished along with the data used to make such evalua20 tion. 

21 (f) ARRANGEMENT WITH THE NATIONAL ACADEMY

22 OF SCIENCES.—For purposes of subsections (a), (b), and 

23 (c), the Secretary shall enter into an arrangement with 

24 the National Academy of Sciences. 


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1 SEC. 4. DEFINITION. 

2 In this Act, the term ‘‘opioid’’ has the meaning given 

3 the term ‘‘opiate’’ in section 102 of the Controlled Sub4 stances Act (21 U.S.C. 802). 

5 SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED. 

6 No additional funds are authorized to be appro7 priated to carry out this Act. 

Æ 


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