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 pur-
pose of providing assistance in addressing problems per-
taining to opioid abuse, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Opioid Program Eval-
uation Act’’ or the ‘‘OPEN Act’’. 
SEC. 2. EVALUATION OF PERFORMANCE OF DEPARTMENT 
OF JUSTICE PROGRAM. 
(a) EVALUATION OF JUSTICE DEPARTMENT COM-
PREHENSIVE 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 Depart-
ment 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 Gen-
eral shall complete an interim evaluation assessing the na-
ture 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 Comprehen-
sive Opioid Grant Abuse Program and the metrics by 
which the achievement of such outcomes shall be deter-
mined. 
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(d) METRICS DATA COLLECTION.—The Attorney 
General shall require grantees under the Comprehensive 
Opioid Abuse Grant Program (and those receiving sub-
awards 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, pub-
lish the results of such evaluation and issue a report 
on such evaluation to the Committee on the Judici-
ary of the House of Representatives and the Com-
mittee on the Judiciary of the Senate. Such report 
shall also be published along with the data used to 
make such evaluation. 
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(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 PRO-
GRAM. 
(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 other-
wise provided in this section, the Secretary of Health and 
Human Services shall complete an evaluation of any pro-
gram administered by the Secretary that provides grants 
for the primary purpose of providing assistance in ad-
dressing problems pertaining to opioid abuse based upon 
the information reported under subsection (d) of this sec-
tion. 
(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 
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to be achieved by activities funded by the programs de-
scribed 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 De-
partment 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 sub-
section (c), publish the outcomes and metrics identi-
fied 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, pub-
lish 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 Pen-
sions of the Senate. Such report shall also be pub-
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lished along with the data used to make such evalua-
tion. 
(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 Na-
tional Academy of Sciences; or 
(2) enter into a contract or cooperative agree-
ment with an entity that is not an agency of the 
Federal Government. 
(g) EXCEPTION.—If a program described under sub-
section (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 Sub-
stances Act (21 U.S.C. 802). 
SEC. 5. NO ADDITIONAL FUNDS AUTHORIZED. 
No additional funds are authorized to be appro-
priated to carry out this Act. 
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SEC. 6. MATTERS REGARDING CERTAIN FEDERAL LAW EN-
FORCEMENT 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. 
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