[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5892 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 5892


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2018

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 AN ACT


 
  To establish an Advisory Committee on Opioids and the Workplace to 
 advise the Secretary of Labor on actions the Department of Labor can 
      take to address the impact of opioid abuse on the workplace.

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

SECTION 1. ESTABLISHMENT OF AN ADVISORY COMMITTEE ON OPIOIDS AND THE 
              WORKPLACE.

    (a) Establishment.--Not later than 90 days after enactment of this 
Act, the Secretary of Labor shall establish an Advisory Committee on 
Opioids and the Workplace (referred to in this Act as the ``Advisory 
Committee'') to advise the Secretary on actions the Department of Labor 
can take to provide informational resources and best practices on how 
to appropriately address the impact of opioid abuse on the workplace 
and support workers abusing opioids.
    (b) Membership.--
            (1) Composition.--The Secretary of Labor shall appoint as 
        members of the Advisory Committee 19 individuals with expertise 
        in employment, workplace health programs, human resources, 
        substance use disorder, and other relevant fields. The Advisory 
        Committee shall be composed as follows:
                    (A) Four of the members shall be individuals 
                representative of employers or other organizations 
                representing employers.
                    (B) Four of the members shall be individuals 
                representative of workers or other organizations 
                representing workers, of which at least two must be 
                representatives designated by labor organizations.
                    (C) Three of the members shall be individuals 
                representative of health benefit plans, employee 
                assistance plan providers, workers' compensation 
                program administrators, and workplace safety and health 
                professionals.
                    (D) Eight of the members shall be individuals 
                representative of substance abuse treatment and 
                recovery experts, including medical doctors, licensed 
                addiction therapists, and scientific and academic 
                researchers, of which one individual may be a 
                representative of a local or State government agency 
                that oversees or coordinates programs that address 
                substance use disorder.
            (2) Chair.--From the members appointed under paragraph (1), 
        the Secretary of Labor shall appoint a chairperson.
            (3) Terms.--Each member of the Advisory Committee shall 
        serve for a term of 3 years. A member appointed to fill a 
        vacancy shall be appointed only for the remainder of such term.
            (4) Quorum.--A majority of members of the Advisory 
        Committee shall constitute a quorum and action shall be taken 
        only by a majority vote of the members.
            (5) Voting.--The Advisory Committee shall establish voting 
        procedures.
            (6) No compensation.--Members of the Advisory Committee 
        shall serve without compensation.
            (7) Disclosure.--Every member of the Advisory Committee 
        must disclose the entity, if applicable, that he or she is 
        representing.
    (c) Duties.--
            (1) Advisement.--
                    (A) In general.--The Advisory Committee established 
                under subsection (a) shall advise the Secretary of 
                Labor on actions the Department of Labor can take to 
                provide informational resources and best practices on 
                how to appropriately address the impact of opioid abuse 
                on the workplace and support workers abusing opioids.
                    (B) Considerations.--In providing such advice, the 
                Advisory Committee shall take into account--
                            (i) evidence-based and other employer 
                        substance abuse policies and best practices 
                        regarding opioid use or abuse, including 
                        benefits provided by employee assistance 
                        programs or other employer-provided benefits, 
                        programs, or resources;
                            (ii) the effect of opioid use or abuse on 
                        the safety of the workplace as well as policies 
                        and procedures addressing workplace safety and 
                        health;
                            (iii) the impact of opioid abuse on 
                        productivity and absenteeism, and assessments 
                        of model human resources policies that support 
                        workers abusing opioids, such as policies that 
                        facilitate seeking and receiving treatment and 
                        returning to work;
                            (iv) the extent to which alternative pain 
                        management treatments other than opioids are or 
                        should be covered by employer-sponsored health 
                        plans;
                            (v) the legal requirements protecting 
                        employee privacy and health information in the 
                        workplace, as well as the legal requirements 
                        related to nondiscrimination;
                            (vi) potential interactions of opioid abuse 
                        with other substance use disorders;
                            (vii) any additional benefits or resources 
                        available to an employee abusing opioids that 
                        promote retaining employment or reentering the 
                        workforce;
                            (viii) evidence-based initiatives that 
                        engage employers, employees, and community 
                        leaders to promote early identification of 
                        opioid abuse, intervention, treatment, and 
                        recovery;
                            (ix) workplace policies regarding opioid 
                        abuse that reduce stigmatization among fellow 
                        employees and management; and
                            (x) the legal requirements of the Mental 
                        Health Parity and Addiction Equity Act and 
                        other laws related to health coverage of 
                        substance abuse and mental health services and 
                        medications.
            (2) Report.--Prior to its termination as provided in 
        subsection (j), the Advisory Committee shall issue a report to 
        the Secretary of Labor and to the Committee on Education and 
        the Workforce of the House of Representatives and the Committee 
        on Health, Education, Labor, and Pensions of the Senate, 
        detailing successful programs and policies involving workplace 
        resources and benefits, including recommendations or examples 
        of best practices for how employers can support and respond to 
        employees impacted by opioid abuse.
    (d) Meetings.--The Advisory Committee shall meet at least twice a 
year at the call of the chairperson.
    (e) Staff Support.--The Secretary of Labor shall make available 
staff necessary for the Advisory Committee to carry out its 
responsibilities.
    (f) Federal Advisory Committee Act.--The Federal Advisory Committee 
Act shall apply to the Advisory Committee established under this Act.
    (g) No Appropriated Funds.--No additional funds are authorized to 
be appropriated to carry out this Act. Expenses of the Advisory 
Committee shall be paid with funds otherwise appropriated to 
Departmental Management within the Department of Labor.
    (h) Ex Officio.--Three nonvoting representatives from agencies 
within the Department of Health and Human Services whose 
responsibilities include opioid prescribing guidelines, workplace 
safety, and monitoring of substance abuse and prevention programs shall 
be appointed by the Secretary of Labor and designated as ex officio 
members.
    (i) Agenda.--The Secretary of Labor or a representative of the 
Secretary shall consult with the Chair in establishing the agenda for 
Committee meetings.
    (j) Termination.--The Advisory Committee established under this Act 
shall terminate 3 years after the date of enactment of this Act.

            Passed the House of Representatives June 13, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.