[House Report 114-540]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-540
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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.
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\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.
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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.
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\3\Id.
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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.''
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