IIB 

114TH CONGRESS 

2D SESSION H. R. 5052 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2016 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Opioid Program Eval3 uation Act’’ or the ‘‘OPEN Act’’. 

4 SEC. 2. EVALUATION OF PERFORMANCE OF DEPARTMENT 

5 OF JUSTICE PROGRAM. 

6 (a) EVALUATION OF JUSTICE DEPARTMENT COM7 PREHENSIVE OPIOID ABUSE GRANT PROGRAM.—Not 

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

9 the Attorney General shall complete an evaluation of the 

10 effectiveness of the Comprehensive Opioid Abuse Grant 

11 Program under part LL of the Omnibus Crime Control 

12 and Safe Streets Act of 1968 administered by the Depart13 ment of Justice based upon the information reported 

14 under subsection (d) of this section. 

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

16 after the date of enactment of this Act, the Attorney Gen17 eral shall complete an interim evaluation assessing the na18 ture and extent of the incidence of opioid abuse and illegal 

19 opioid distribution in the United States. 

20 (c) METRICS AND OUTCOMES FOR EVALUATION.— 

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

22 this Act, the Attorney General shall identify outcomes that 

23 are to be achieved by activities funded by the Comprehen24 sive Opioid Grant Abuse Program and the metrics by 

25 which the achievement of such outcomes shall be deter26 mined. 


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1 (d) METRICS DATA COLLECTION.—The Attorney 

2 General shall require grantees under the Comprehensive 

3 Opioid Abuse Grant Program (and those receiving sub4 awards under section 3021(b) of part LL of the Omnibus 

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

6 and annually report to the Department of Justice data 

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

8 (e) PUBLICATION OF DATA AND FINDINGS.— 

9 (1) PUBLICATION OF OUTCOMES AND

10 METRICS.—The Attorney General shall, not later 

11 than 30 days after completion of the requirement 

12 under subsection (c), publish the outcomes and 

13 metrics identified under that subsection. 

14 (2) PUBLICATION OF EVALUATION.—In the 

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

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

17 National Academy of Sciences shall, not later than 

18 90 days after such an evaluation is completed, pub19 lish the results of such evaluation and issue a report 

20 on such evaluation to the Committee on the Judici21 ary of the House of Representatives and the Com22 mittee on the Judiciary of the Senate. Such report 

23 shall also be published along with the data used to 

24 make such evaluation. 


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1 (f) ARRANGEMENT WITH THE NATIONAL ACADEMY

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

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

4 with the National Academy of Sciences. 

5 SEC. 3. EVALUATION OF PERFORMANCE OF DEPARTMENT 

6 OF HEALTH AND HUMAN SERVICES PRO7 GRAM. 

8 (a) EVALUATION OF DEPARTMENT OF HEALTH AND

9 HUMAN SERVICES PROGRAMS.—Not later than 5 years 

10 after the date of enactment of this Act, except as other11 wise provided in this section, the Secretary of Health and 

12 Human Services shall complete an evaluation of any pro13 gram administered by the Secretary that provides grants 

14 for the primary purpose of providing assistance in ad15 dressing problems pertaining to opioid abuse based upon 

16 the information reported under subsection (d) of this sec17 tion. 

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

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

20 complete an interim evaluation assessing the nature and 

21 extent of the incidence of opioid abuse and illegal opioid 

22 distribution in the United States. 

23 (c) METRICS AND OUTCOMES FOR EVALUATION.— 

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

25 this Act, the Secretary shall identify outcomes that are 


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1 to be achieved by activities funded by the programs de2 scribed in subsection (a) and the metrics by which the 

3 achievement of such outcomes shall be determined. 

4 (d) METRICS DATA COLLECTION.—The Secretary 

5 shall require grantees under the programs described in 

6 subsection (a) to collect and annually report to the De7 partment of Health and Human Services data based upon 

8 the metrics identified under subsection (c). 

9 (e) PUBLICATION OF DATA AND FINDINGS.— 

10 (1) PUBLICATION OF OUTCOMES AND

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

12 days after completion of the requirement under sub13 section (c), publish the outcomes and metrics identi14 fied under that subsection. 

15 (2) PUBLICATION OF EVALUATION.—In the 

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

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

18 National Academy of Sciences shall, not later than 

19 90 days after such an evaluation is completed, pub20 lish the results of such evaluation and issue a report 

21 on such evaluation to the Committee on Energy and 

22 Commerce of the House of Representatives and the 

23 Committee on Health, Education, Labor, and Pen24 sions of the Senate. Such report shall also be pubVerDate Sep 11 2014 21:10 May 11, 2016 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5052.RFS H5052

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1 lished along with the data used to make such evalua2 tion. 

3 (f) ARRANGEMENT WITH THE NATIONAL ACADEMY

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

5 (c), the Secretary shall— 

6 (1) enter into an arrangement with the Na7 tional Academy of Sciences; or 

8 (2) enter into a contract or cooperative agree9 ment with an entity that is not an agency of the 

10 Federal Government. 

11 (g) EXCEPTION.—If a program described under sub12 section (a) is subject to an evaluation substantially similar 

13 to the evaluation under subsection (a) pursuant to another 

14 provision of law, the Secretary may opt not to conduct 

15 an evaluation under subsection (a) of such program. 

16 SEC. 4. DEFINITION. 

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

18 the term ‘‘opiate’’ in section 102 of the Controlled Sub19 stances Act (21 U.S.C. 802). 

20 SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED. 

21 No additional funds are authorized to be appro22 priated to carry out this Act. 


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1 SEC. 6. MATTERS REGARDING CERTAIN FEDERAL LAW EN2 FORCEMENT ASSISTANCE. 

3 Section 609Y of the Justice Assistance Act of 1984 

4 (42 U.S.C. 10513) is amended— 

5 (1) in subsection (a), by striking ‘‘There is’’ 

6 and inserting ‘‘Except as provided in subsection (c), 

7 there is’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(c) For fiscal year 2022, there is authorized to be 

10 appropriated $16,000,000, to provide under this chapter 

11 Federal law enforcement assistance in the form of funds.’’. 

Passed the House of Representatives May 10, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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