[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2730 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 2730
To amend the Public Health Service Act to establish a pilot program to
help individuals in recovery from a substance use disorder transition
from treatment to independent living and the workforce, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 23, 2018
Mr. McConnell introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to establish a pilot program to
help individuals in recovery from a substance use disorder transition
from treatment to independent living and the workforce, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Addiction Recovery
through Effective Employment and Reentry Act'' or the ``CAREER Act''.
SEC. 2. PILOT PROGRAM TO HELP INDIVIDUALS IN RECOVERY FROM A SUBSTANCE
USE DISORDER TRANSITION TO INDEPENDENT LIVING AND THE
WORKFORCE.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by adding at the end the following:
``SEC. 320B. PILOT PROGRAM TO HELP INDIVIDUALS IN RECOVERY FROM A
SUBSTANCE USE DISORDER TRANSITION TO INDEPENDENT LIVING
AND THE WORKFORCE.
``(a) In General.--The Secretary shall establish a pilot program to
award 5-year grants under subsection (b)(1) to States, and 1-year
grants under subsection (b)(2) to States or Indian tribes, for the
purpose of making subgrants to entities under subsection (c) to help
individuals in recovery from a substance use disorder transition from
treatment to independent living and the workforce.
``(b) Grants.--
``(1) 5-year grants.--
``(A) In general.--The Secretary shall award 5-year
grants under this paragraph to 5 States that submit an
application under paragraph (3). Such States shall be
selected--
``(i) from among the 10 States with the
highest rate of death due to drug overdose per
100,000 people, based on data from the Centers
for Disease Control and Prevention for calendar
years 2013 through 2017; and
``(ii) based on the merits of the proposal
included in such application and the
preferences described in subparagraph (B).
``(B) Preferences.--The Secretary, in selecting
States for a grant under this paragraph, shall give
priority to States from among the States described in
subparagraph (A) with the combination of--
``(i) the highest average rates of
unemployment based on data provided by the
Bureau of Labor Statistics for calendar years
2013 through 2017;
``(ii) the lowest average labor force
participation rates based on data provided by
the Bureau of Labor Statistics for calendar
years 2013 through 2017; and
``(iii) the highest prevalence of opioid
use disorder based on data provided by the
Substance Abuse and Mental Health Services
Administration for calendar years 2013 through
2017 as may be available.
``(C) Grant funds.--
``(i) In general.--The funds from a 5-year
grant awarded under this paragraph shall be
provided to each of the 5 selected States on an
annual basis for each of fiscal years 2019
through 2023.
``(ii) Carry over.--
``(I) In general.--The funds
awarded under clause (i) for a fiscal
year shall remain available for the
State to make subgrants under
subsection (c) for such fiscal year,
except a State may carry over (subject
to subclause (II)) not more than 10
percent of such funds for the following
fiscal year for such purpose.
``(II) Request.--A State may make a
request to the Secretary to carry over
more than 10 percent of the funds
awarded under clause (i) for a fiscal
year for the following fiscal year for
such purpose, and the Secretary may
grant such request as the Secretary
determines appropriate.
``(III) Amount for following fiscal
year.--Any amount carried over under
this clause shall not impact the amount
of the funds the Secretary awards the
State for such following fiscal year.
``(iii) Return of funds.--Any funds awarded
under clause (i) that are not expended during
the fiscal year for which the funds are awarded
and that are not carried over for the following
fiscal year under clause (ii) shall be returned
to the Secretary to carry out this section. Any
funds returned to the Secretary after fiscal
year 2023 shall be returned to the general fund
of the Treasury.
``(2) 1-year grants.--
``(A) In general.--The Secretary shall, for each of
fiscal years 2019 through 2023, award 1-year grants to
States or Indian tribes under this paragraph that
submit an application in accordance with paragraph (3).
Such States or Indian tribes shall be selected for a
grant under this paragraph based on criteria
established by the Secretary.
``(B) Grant funds.--
``(i) In general.--The funds awarded
through a grant under subparagraph (A) for a
fiscal year shall remain available for the
State or Indian tribe to make subgrants under
subsection (c) for such fiscal year and may not
be carried over for such following fiscal year.
``(ii) Return of funds.--Any funds awarded
through a grant under subparagraph (A) that are
not expended during the fiscal year of the
grant shall be returned to the Secretary to
carry out this section. Any funds returned to
the Secretary after fiscal year 2023 shall be
returned to the general fund of the Treasury.
``(3) Applications.--
``(A) In general.--Each State desiring a grant
under paragraph (1) and each State or Indian tribe
desiring a grant under paragraph (2) shall submit an
application to the Secretary at such time and in such
manner as the Secretary may reasonably require for such
grant.
``(B) Contents.--
``(i) In general.--An application submitted
under subparagraph (A) shall contain such
information as the Secretary may reasonably
require, including a proposal for awarding
subgrants under subsection (c) and a method for
evaluating such subgrants.
``(ii) 5-year grants.--An application
submitted under subparagraph (A) for a grant
awarded under subsection (b)(1) shall include
an assurance that not less than 50 percent of
the funds awarded through the grant will be
used towards making subgrants under subsection
(c) to the entities applying for such subgrants
that serve the areas in the State with the
highest prevalence of substance use disorder,
based on data determined appropriate by the
Secretary.
``(c) Subgrants.--
``(1) In general.--Each State that receives a grant under
subsection (b)(1) and each State or Indian tribe that receives
a grant under subsection (b)(2) shall award subgrants on a
competitive basis to entities that meet the requirements under
paragraphs (2) and (3).
``(2) Subgrant requirements.--
``(A) Application.--An entity that desires a
subgrant under this subsection shall submit an
application to the State or Indian tribe at such time
and in such manner as the State or Indian tribe may
reasonably require.
``(B) Contents.--An application submitted under
subparagraph (A) by an entity shall contain such
information as the State or Indian tribe may reasonably
require, including a demonstration that the entity has
one or more of the following abilities:
``(i) The ability to partner with local
stakeholders, which may include local
employers, community stakeholders, and local
and State governments, to identify gaps in the
workforce due to the prevalence of substance
use disorders.
``(ii) The ability to partner with local
stakeholders, which may include local
employers, community stakeholders, and local
and State governments, to offer transitional
services, including employment and career
counseling or job placement, to help
individuals in recovery from a substance use
disorder transition into the workforce.
``(iii) The ability to partner with local
stakeholders, which may include local
employers, community stakeholders, and local
and State governments, to assist employers with
informing their employees of the resources,
such as treatment options for a substance use
disorder, that are available to them.
``(3) Use of funds.--An entity receiving a subgrant under
this subsection shall use the subgrant funds for more than one
of the following:
``(A) To hire specialists with an expertise in
treating substance use disorders, including through
residential treatment, to assist with the treatment
provided through a subgrant under this subsection,
which may include the use of medication-assisted
treatment.
``(B) To provide wrap-around services to encourage
substance use disorder prevention, treatment, recovery,
and rehabilitation, with a focus on ensuring long-term
recovery and symptom remission.
``(C) To help individuals transition from inpatient
treatment for a substance use disorder to the workforce
by providing--
``(i) career services described in
paragraph (2), and training services described
in paragraph (3), of section 134(c) of the
Workforce Innovation and Opportunity Act (29
U.S.C. 3174(c)); and
``(ii) related services described in
section 134(a)(4)(D) of such Act (42 U.S.C.
3174(a)(4)(D)).
``(D) To implement innovative technologies to make
substance use disorder treatment more affordable and
accessible, which may include the use of telemedicine,
and may assist individuals in finding and maintaining
employment throughout recovery.
``(E) To provide ongoing outpatient substance use
disorder treatment programs, including peer support
meetings, for individuals who have recovered or are in
recovery from a substance use disorder while they
transition from receiving treatment for such disorder
to entering the workforce and maintaining employment.
``(F) To assist patients, including through hiring
case managers, care coordinators, or trained peer
recovery coaches, in recovery from a substance use
disorder, including through programs to provide
services to develop daily living skills, provide
counseling, and provide housing assistance, and through
other appropriate Federal Government assistance
programs.
``(G) With respect to an entity that provides the
full continuum of substance use disorder treatment
services, which may include detoxification, residential
rehabilitation, recovery housing, evidence-based
treatments (which may include the use of medication-
assisted treatment), counseling, and recovery supports,
to expand such services to include services that may
include--
``(i) short-term prevocational training
services, such as the development of learning
skills, communication skills, interviewing
skills, punctuality, personal maintenance
skills, and professional conduct;
``(ii) vocational training, which shall
emphasize the skills or knowledge necessary for
a particular job function or trade; and
``(iii) care coordination throughout the
short- and long-term substance use disorder
recovery process.
``(H) Any other service determined by the Secretary
as necessary for achieving the goal of transitioning
individuals from treatment for substance use disorders
to independent living and the workforce or to
encouraging substance use disorder prevention in the
workforce.
``(d) Consultation.--The Secretary may, in carrying out the pilot
program under this section, consult with the Assistant Secretary for
Substance Use and Mental Health, the Administrator of the Health
Resources and Services Administration, the Secretary of Labor, the
Secretary of Housing and Urban Development, and the Secretary of
Education.
``(e) Reporting Requirements.--
``(1) Reports to the secretary.--
``(A) 5-year grants.--Not later than December 31,
2021, each State that has received a grant under
subsection (b)(1) shall report to the Secretary on its
progress and effectiveness in meeting the objectives of
the pilot program under this section, including the
progress and effectiveness of the entities receiving
subgrants under subsection (c) as demonstrated through
reports of such progress and effectiveness submitted to
the State by such entities.
``(B) 1-year grants.--Not later than December 31 of
the fiscal year following the fiscal year for which a
grant is awarded under subsection (b)(2), the State or
Indian tribe receiving such grant shall report to the
Secretary on its progress and effectiveness in meeting
the objectives of the pilot program under this section,
including the progress and effectiveness of the
entities receiving subgrants under subsection (c) which
may be demonstrated through reports of such progress
and effectiveness submitted to the State or Indian
tribe by such entities.
``(2) Report to congress.--Not later than December 31,
2024, the Secretary shall submit a report to Congress,
including any applicable authorizing committee of the Senate or
House of Representatives, evaluating the grants awarded under
this section.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $200,000,000, for each of fiscal years 2019 through 2023,
to carry out this section. Out of such amount appropriated for each
such fiscal year--
``(1) 75 percent shall be used to make grants under
subsection (b)(1); and
``(2) 25 percent shall be used to make grants under
subsection (b)(2).''.
SEC. 3. TRANSITIONAL HOUSING SERVICES.
(a) In General.--Section 105(a) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5305(a)) is amended--
(1) in paragraph (25)(D), by striking ``and'' at the end;
(2) in paragraph (26), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(27) providing temporary housing services to individuals
who are transitioning out of substance abuse treatment programs
for--
``(A) a period of not more than 24 months or until
the individual secures permanent housing, whichever is
earlier; or
``(B) such longer period as the Secretary
determines necessary.''.
(b) Additional CDBG Authorization of Appropriations.--
(1) Definition of covered entity.--In this subsection, the
term ``covered entity'' means--
(A) a State (as defined in section 102(a) of the
Housing and Community Development Act of 1974 (42
U.S.C. 5302(a))) that is among the 10 States with the
highest rate of death due to drug overdose per 100,000
people, based on data from the Centers for Disease
Control and Prevention for calendar years 2013 through
2017; and
(B) any entitlement community located in a State
described in subparagraph (A).
(2) Authorization of appropriations.--In addition to any
amounts appropriated for the community development block grant
program under title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.), there are authorized to
be appropriated $25,000,000 for each of fiscal years 2019
through 2023, to be allocated by the Secretary of Housing and
Urban Development on a competitive basis to covered entities to
carry out the activity described in paragraph (27) of section
105(a) of such Act (42 U.S.C. 5305(a)), as added by subsection
(a).
(3) Preferences.--In allocating amounts authorized to be
appropriated under paragraph (2), the Secretary of Housing and
Urban Development shall give priority to--
(A) States from among the States described in
paragraph (1)(A) with a combination of--
(i) the highest average rates of
unemployment based on data provided by the
Bureau of Labor Statistics for calendar years
2013 through 2017;
(ii) the lowest average labor force
participation rates based on data provided by
the Bureau of Labor Statistics for calendar
years 2013 through 2017; and
(iii) the highest prevalence of opioid use
disorder based on data provided by the
Substance Abuse and Mental Health Services
Administration for calendar years 2013 through
2017 as may be available; and
(B) entitlement communities located in a State
described in clause (i), (ii), or (iii) of subparagraph
(A).
SEC. 4. SUBSTANCE USE DISORDER TRANSITION ACTIVITIES.
(a) Reservations for State Activities.--Section 133(a)(1) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3173(a)(1)) is
amended--
(1) by striking ``The Governor'' and inserting the
following:
``(A) In general.--The Governor''; and
(2) by adding at the end the following:
``(B) Substance use disorder transition
activities.--
``(i) Adult and dislocated funds.--Of the
funds reserved as required under section
128(a)(1) and subparagraph (A), the Governor of
a State with an application approved under
section 134(a)(4) may reserve a sum of not more
than 5 percent of each of the amounts allotted
to the State under paragraphs (1)(B) and (2)(B)
of section 132(b) for a fiscal year for
substance use disorder transition activities
described in section 134(a)(4). Notwithstanding
sections 128(a)(2), 129(b), and 134(a), the
Governor may not use an amount allotted under
section 127(b)(1)(C) for those activities.
``(ii) Vocational rehabilitation funds.--
The Governor of a State with such an approved
application may reserve funds as described in
section 110(e) of the Rehabilitation Act of
1973 (29 U.S.C. 730(e)) for substance use
disorder transition activities described in
section 134(a)(4).''.
(b) Statewide Employment and Training Activities.--
(1) In general.--Section 134(a)(1) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3174(a)(1)) is
amended--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), in the matter following
clause (ii), by striking the period and inserting ``;
and''; and
(C) by adding at the end the following:
``(C) as described in section 133(a)(1)(B), may be
used for substance use disorder transition activities
as described in paragraph (4), regardless of whether
the funds were allotted to the State under paragraph
(1) or (2) of section 132(b).''.
(2) Substance use disorder transition activities.--Section
134(a) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3174(a)) is amended by adding at the end the following:
``(4) Substance use disorder transition activities.--
``(A) Definitions.--In this paragraph:
``(i) Appropriate secretary.--The term
`appropriate Secretary' means--
``(I) except as provided in
subclause (II), the Secretary of Labor;
or
``(II) if the application involves
funds reserved under section 110(e) of
the Rehabilitation Act of 1973 (29
U.S.C. 730(e)), the Secretary of Labor
and the Secretary of Education.
``(ii) Substance use disorder.--The term
`substance use disorder' means such a disorder
within the meaning of the term in title V of
the Public Health Service Act (42 U.S.C. 290aa
et seq.).
``(iii) Substance use disorder transition
activities.--The term `substance use disorder
transition activities' means activities
authorized under subparagraph (D) or (E).
``(B) Eligible states.--To be eligible to use the
funds reserved under clause (i) or (ii) of section
133(a)(1)(B) for substance use disorder transition
activities described in this paragraph, a State shall--
``(i) submit to the appropriate Secretary
an application seeking flexibility to use the
reserved funds for such activities, and submit
the application at such time, in such manner,
and containing such information as the
appropriate Secretary may require, including an
assurance that the State will award subgrants
to entities on the basis of the ability of the
entities to provide the substance use disorder
transition activities involved, including any
programs that the entities propose to provide
that lead to recognized postsecondary
credentials; and
``(ii) obtain approval of the application.
``(C) Subgrants.--An eligible State may use the
funds reserved under clause (i) or (ii) of section
133(a)(1)(B) to make subgrants to one-stop operators
and nonprofit organizations, to provide services under
subparagraph (D) and (at the election of the State)
subparagraph (E).
``(D) Career services.--An entity that receives a
subgrant under subparagraph (C) shall use the subgrant
funds to assist individuals in recovery from a
substance use disorder in transitioning to the
workforce, by providing career services (such as the
services described in section 134(c)(2)) and related
services, which may include one or more of--
``(i) providing ongoing career counseling,
both before and after job placement, with a
focus on individual employment preferences
while weighing the skill needs of industries in
the local area;
``(ii) promoting systemic job development,
by facilitating voluntary programs and
relationships between participants and local
employers to create potential employment
opportunities;
``(iii) providing benefits counseling--
``(I) to ensure participants
receive accurate information regarding
how employment will affect access to
various Federal programs, such as the
Medicaid program established under
title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) and the
supplemental security income program
established under title XVI of that Act
(42 U.S.C. 1381 et seq.); and
``(II) to advise participants on
ways to transition away from the
programs described in subclause (I)
through maintaining employment;
``(iv) creating voluntary programs with
employers to establish a work and treatment
arrangement, such as an Employee Assistance
Program, for employees in recovery from a
substance use disorder;
``(v) providing educational materials or
training to employers to enable the employers
to inform their employees of the resources,
such as treatment options for a substance use
disorder, that are available to them; and
``(vi) any other career services that are
determined to be necessary by the appropriate
Secretary and that would assist individuals in
recovery from a substance use disorder in
transitioning to the workforce.
``(E) Training services.--An entity that receives a
subgrant under subparagraph (C) shall (at the election
of the State) use the subgrant funds to assist
individuals in recovery from a substance use disorder
in transitioning to the workforce, by providing
training services.''.
(c) Administration.--Section 181 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3241) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Relationship to Other Laws.--
``(1) Disability nondiscrimination law.--Subject to
paragraph (2), an employer that employs, or considers for
employment, any individual who receives services under this
section or under section 320B of the Public Health Service Act
shall have an absolute defense to any claim (including a
charge) of unlawful discrimination on the basis of disability
under a covered law, that alleges that the employer
discriminated against that individual (which may include
refusing to hire or terminating the employment of the
individual) based on alcohol addiction or past substance use
disorder for which the individual receives such services.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to eliminate the duty of the employer, to an
employee who is an individual who receives such services, to
provide a reasonable accommodation for an alcohol disorder, or
a past substance use disorder, that is a disability under a
covered law.
``(3) Definitions.--In this subsection:
``(A) Covered law.--The term `covered law' means
title I of the Americans with Disabilities Act of 1990
(42 U.S.C. 12111 et seq.), title V of the
Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.), or
a State law (including local law), that prohibits
discrimination on the basis of disability in
employment.
``(B) Substance use disorder.--The term `substance
use disorder' means such a disorder within the meaning
of the term in title V of the Public Health Service Act
(42 U.S.C. 290aa et seq.).''.
(d) Other Core Programs.--Section 110 of the Rehabilitation Act of
1973 (29 U.S.C. 730) is amended by adding at the end the following:
``(e)(1) In the case of a transition State, from any State
allotment under subsection (a) for a fiscal year, the State may reserve
not more than 5 percent of the allotted funds for substance use
disorder transition activities described in section 134(a)(4) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)(4)).
``(2) In this section, the term `transition State' means a State
with an application approved under section 134(a)(4) of the Workforce
Innovation and Opportunity Act.''.
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