[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4807 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4807

 To amend the Workforce Innovation and Opportunity Act to address the 
       economic and workforce impacts of substance use disorder.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2024

  Mr. Markey introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Workforce Innovation and Opportunity Act to address the 
       economic and workforce impacts of substance use disorder.

    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 ``Workforce Opportunities for 
Communities in Recovery Act''.

SEC. 2. GRANTS FOR ADDRESSING THE ECONOMIC AND WORKFORCE IMPACTS OF 
              SUBSTANCE USE DISORDER.

    Section 170 of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3225) is amended by adding at the end the following:
    ``(e) Grants for Addressing the Economic and Workforce Impacts of 
the Substance Use Crisis.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Education provider.--The term `education 
                provider' means--
                            ``(i) an institution of higher education, 
                        as defined in section 101 of the Higher 
                        Education Act of 1965 (20 U.S.C. 1001); or
                            ``(ii) a postsecondary vocational 
                        institution, as defined in section 102(c) of 
                        such Act (20 U.S.C. 1002(c)).
                    ``(B) Eligible entity.--The term `eligible entity' 
                means a State board or local board.
                    ``(C) Participating partnership.--The term 
                `participating partnership' means a partnership 
                evidenced by a written contract or agreement between--
                            ``(i) an eligible entity; and
                            ``(ii) one or more of the following:
                                    ``(I) A treatment provider.
                                    ``(II) An employer or industry 
                                organization.
                                    ``(III) An education provider.
                                    ``(IV) A legal services or law 
                                enforcement organization.
                                    ``(V) A community-based 
                                organization.
                                    ``(VI) A State or local agency, 
                                including a county or local government.
                                    ``(VII) An Indian Tribe or tribal 
                                organization, as such terms are defined 
                                in section 166(b).
                                    ``(VIII) Another organization, as 
                                determined appropriate by the eligible 
                                entity.
                    ``(D) Program participant.--The term `program 
                participant' means an individual who--
                            ``(i) is a member of a population of 
                        workers described in paragraph (4)(B) that is 
                        served by a participating partnership through 
                        the pilot program under this subsection; and
                            ``(ii) enrolls with the applicable 
                        participating partnership to receive any of the 
                        services described in paragraph (4)(C).
                    ``(E) Provider of peer recovery support services.--
                The term `provider of peer recovery support services' 
                means a provider that delivers peer recovery support 
                services through a recovery community organization (as 
                defined in section 547(a) of the Public Health Service 
                Act (42 U.S.C. 290ee-2(a)).
                    ``(F) Service area.--The term `service area' means 
                a county, community, region, or local area, that has 
                been significantly impacted by widespread occurrence of 
                a substance use disorder and will be served through a 
                grant under this subsection.
                    ``(G) Substance use disorder.--The term `substance 
                use disorder' has the meaning given such term by the 
                Assistant Secretary for Mental Health and Substance 
                Use.
                    ``(H) Treatment provider.--The term `treatment 
                provider'--
                            ``(i) means a health care provider that--
                                    ``(I) offers services for treating 
                                substance use disorders and is licensed 
                                in accordance with applicable State law 
                                to provide such services; and
                                    ``(II) accepts health insurance for 
                                such services, including coverage under 
                                a State plan (or a waiver of such plan) 
                                under title XIX of the Social Security 
                                Act (42 U.S.C. 1396 et seq.); and
                            ``(ii) may include--
                                    ``(I) a nonprofit provider of peer 
                                recovery support services;
                                    ``(II) a community health care 
                                provider;
                                    ``(III) a Federally qualified 
                                health center (as defined in section 
                                1861(aa)(4) of the Social Security Act 
                                (42 U.S.C. 1395x(aa)(4)));
                                    ``(IV) an Indian health program (as 
                                defined in section 4 of the Indian 
                                Health Care Improvement Act (25 U.S.C. 
                                1603)), including an Indian health 
                                program that serves an Urban center (as 
                                defined in such section); and
                                    ``(V) a Native Hawaiian health 
                                center (as defined in section 12 of the 
                                Native Hawaiian Health Care Improvement 
                                Act (42 U.S.C. 11711)).
            ``(2) Grants authorized.--
                    ``(A) In general.--The Secretary shall carry out a 
                pilot program to make grants, on a competitive basis, 
                to eligible entities (on behalf of participating 
                partnerships) to address economic and workforce impacts 
                associated with widespread occurrence of a substance 
                use disorder.
                    ``(B) Grant duration.--A grant made under this 
                subsection shall be for a 2-year period.
                    ``(C) Equitable distribution.--In making grants 
                under this subsection, the Secretary shall ensure, to 
                the extent practicable, the equitable distribution of 
                grant awards, based on--
                            ``(i) geography (such as urban and rural 
                        distribution); and
                            ``(ii) the relative degree of the negative 
                        impact due to substance use disorder 
                        demonstrated under paragraph (3)(B)(i)(I) for a 
                        service area as compared such negative impact 
                        for other service areas, as determined by the 
                        Secretary.
                    ``(D) Administrative costs.--The Secretary may use 
                not more than 5 percent of the funds made available 
                under section 172(e) for the administrative costs of 
                carrying out the pilot program.
            ``(3) Grant applications.--
                    ``(A) In general.--An eligible entity applying for 
                a grant under this subsection shall submit an 
                application to the Secretary at such time and in such 
                form and manner as the Secretary may reasonably 
                require, including--
                            ``(i) the information described in this 
                        paragraph; and
                            ``(ii) an assurance that such eligible 
                        entity will pay at least a portion of the costs 
                        of the independent evaluation required under 
                        paragraph (5)(B).
                    ``(B) Content.--An eligible entity shall include in 
                the application--
                            ``(i) information that demonstrates 
                        negative economic and workforce impacts 
                        associated with widespread occurrence of a 
                        substance use disorder in the service area, 
                        including information that demonstrates that 
                        such widespread occurrence has caused, or is 
                        coincident to--
                                    ``(I) an economic downturn in the 
                                service area;
                                    ``(II) persistent economically 
                                depressed conditions in such service 
                                area; or
                                    ``(III) a high unemployment rate or 
                                low labor force participation rate in 
                                the service area compared to the State 
                                in which the service area is located;
                            ``(ii) in the case of an eligible entity 
                        proposing to serve a population described in 
                        paragraph (4)(B)(ii), a demonstration of a 
                        workforce shortage in occupations that support 
                        individuals with a substance use disorder, 
                        including information demonstrating such 
                        shortage, such as--
                                    ``(I) the distance between--
                                            ``(aa) communities affected 
                                        by substance use disorder in 
                                        the service area; and
                                            ``(bb) facilities or 
                                        individuals offering services 
                                        for treating substance use 
                                        disorders; or
                                    ``(II) the maximum capacity of 
                                facilities of treatment providers, or 
                                occupations, to serve individuals in 
                                the service area;
                            ``(iii) an analysis of the estimated 
                        performance of the eligible entity (through the 
                        participating partnership) in carrying out the 
                        proposed services and activities under the 
                        grant, based on--
                                    ``(I) the levels of performance for 
                                other services and activities carried 
                                out by the eligible entity on the 
                                primary indicators of performance under 
                                section 116(b)(2)(A)(i);
                                    ``(II) the estimated number of 
                                individuals with a substance use 
                                disorder who may be served by the 
                                proposed services and activities;
                                    ``(III) the record of the eligible 
                                entity in serving individuals with a 
                                barrier to employment; and
                                    ``(IV) the ability of the eligible 
                                entity to establish a participating 
                                partnership; and
                            ``(iv) a description of any entity 
                        described in paragraph (1)(C)(ii) with whom the 
                        eligible entity will partner.
                    ``(C) Information.--In providing the information 
                required under subparagraph (B), the eligible entity 
                may use information including data on--
                            ``(i) the incidence or prevalence of 
                        substance use disorder;
                            ``(ii) the age-adjusted rate of drug 
                        overdose deaths, as determined by the Director 
                        of the Centers for Disease Control and 
                        Prevention;
                            ``(iii) the rate of nonfatal 
                        hospitalizations related to substance use 
                        disorder;
                            ``(iv) documentation of any layoff or 
                        announced future layoff, a notification 
                        provided in accordance with section 3(a) of the 
                        Worker Adjustment and Retraining Notification 
                        Act (29 U.S.C. 2102(a)), or documentation of 
                        legacy industry decline, decrease in an 
                        employment or labor market participation rate, 
                        or economic impact, whether or not the result 
                        described in this clause is related to, caused 
                        by, or contributing to widespread occurrence of 
                        a substance use disorder;
                            ``(v) documentation showing decreased 
                        economic activity related to, caused by, or 
                        contributing to widespread occurrence of a 
                        substance use disorder, including a description 
                        of how the service area has been impacted, or 
                        will be impacted, by such a decrease;
                            ``(vi) information on rapid response 
                        activities that have been or will be conducted, 
                        including demographic data gathered by employer 
                        or worker surveys or through other methods; or
                            ``(vii) other relevant data, as determined 
                        appropriate by the Secretary.
            ``(4) Services and activities.--
                    ``(A) In general.--Each eligible entity that 
                receives a grant under this subsection shall carry out 
                the services and activities described in this paragraph 
                through the participating partnership to the population 
                proposed in the application.
                    ``(B) Selection of population to be served.--A 
                participating partnership shall provide services and 
                activities under the grant to one or both of the 
                following populations of workers:
                            ``(i) Workers, including dislocated 
                        workers, individuals with barriers to 
                        employment, new entrants in the workforce, or 
                        incumbent workers (employed or underemployed), 
                        each of whom is directly or indirectly affected 
                        by widespread occurrence of a substance use 
                        disorder.
                            ``(ii) Workers, including dislocated 
                        workers, individuals with barriers to 
                        employment, new entrants in the workforce, or 
                        incumbent workers (employed or underemployed), 
                        who--
                                    ``(I) seek to transition to 
                                occupations that support individuals 
                                struggling with a substance use 
                                disorder or who are at risk for 
                                developing such disorder, such as 
                                professions that provide--
                                            ``(aa) substance use 
                                        disorder treatment and related 
                                        services;
                                            ``(bb) services offered 
                                        through providers of peer 
                                        recovery support services;
                                            ``(cc) nonaddictive pain 
                                        therapy and pain management 
                                        services;
                                            ``(dd) emergency response 
                                        services; or
                                            ``(ee) mental health care; 
                                        and
                                    ``(II) need new or upgraded skills 
                                to better serve such a population of 
                                struggling or at-risk individuals.
                    ``(C) Use of funds.--Each participating partnership 
                shall use funds available through a grant under this 
                subsection to carry out activities described in 1 or 
                more of the following clauses:
                            ``(i) Engaging employers.--Engaging with 
                        employers to--
                                    ``(I) learn about the skill and 
                                hiring requirements of employers;
                                    ``(II) learn about the support 
                                needed by employers to hire and retain 
                                program participants, and other 
                                individuals with a substance use 
                                disorder, and the support needed by 
                                such employers to obtain their 
                                commitment to testing creative 
                                solutions to employing program 
                                participants and such individuals;
                                    ``(III) connect employers and 
                                workers to on-the-job training, 
                                incumbent worker training, or 
                                customized training programs before or 
                                after layoff to help facilitate 
                                reemployment;
                                    ``(IV) connect employers with an 
                                education or training provider to 
                                develop classroom instruction to 
                                complement on-the-job learning for 
                                program participants and such 
                                individuals;
                                    ``(V) help employers develop the 
                                curriculum design of an on-the-job 
                                training, incumbent worker training, or 
                                customized training program for program 
                                participants and such individuals;
                                    ``(VI) help employers employ 
                                program participants or such 
                                individuals engaging in an on-the-job 
                                training or customized training program 
                                for a transitional period before hiring 
                                such a program participant or 
                                individual for full-time employment of 
                                not less than 30 hours a week; or
                                    ``(VII) connect employers to 
                                program participants receiving 
                                concurrent outpatient treatment and job 
                                training services.
                            ``(ii) Supportive services.--Providing 
                        supportive services, which shall be coordinated 
                        with providers of career services to provide 
                        maximum support for program participants to 
                        assist such participants in maintaining 
                        employment and recovery for not less than 12 
                        months, as appropriate, and may include 
                        additional services such as--
                                    ``(I) assistance in establishing 
                                eligibility for assistance under 
                                Federal, State, Tribal, and local 
                                programs providing health services, 
                                mental health services, vocational 
                                services, social services, or services 
                                through early childhood education 
                                programs (as defined in section 103 of 
                                the Higher Education Act of 1965 (20 
                                U.S.C. 1003));
                                    ``(II) evidence-based outpatient 
                                and community-based substance use 
                                disorder treatment services;
                                    ``(III) services offered through 
                                providers of peer recovery support 
                                services; or
                                    ``(IV) networking and mentorship 
                                opportunities.
                            ``(iii) Career and job training services.--
                        Offering career services described in section 
                        134(c)(2) and training services described in 
                        section 134(c)(3), and related services, 
                        concurrently or sequentially with the services 
                        provided under subparagraphs (i) and (ii) and, 
                        at the election of the participating 
                        partnership, providing other related services, 
                        which may include 1 or more of the following:
                                    ``(I) Services to promote 
                                employability skills such as 
                                punctuality, personal maintenance 
                                skills, and professional conduct.
                                    ``(II) Provision of payments and 
                                fees for employment and training-
                                related applications, tests, and 
                                certifications.
                                    ``(III) Mentorship services and job 
                                retention support for program 
                                participants.
                                    ``(IV) Services to assist program 
                                participants in maintaining employment 
                                for not less than 12 months, as 
                                appropriate.
                            ``(iv) Proven and promising practices.--
                        Leading efforts in the service area to identify 
                        and promote proven and promising strategies and 
                        initiatives for meeting the needs of employers 
                        and program participants.
                    ``(D) Limitations.--A participating partnership may 
                not use--
                            ``(i) more than 10 percent of the funds 
                        received under a grant under this subsection 
                        for the administrative costs of the partnership 
                        in carrying out this subsection; and
                            ``(ii) more than 10 percent of the funds 
                        received under such grant for the provision of 
                        supportive services described in subparagraph 
                        (C)(iii) to program participants.
            ``(5) Performance accountability.--
                    ``(A) Reports.--The Secretary shall establish 
                quarterly reporting requirements for eligible entities 
                who are recipients of grants under this subsection 
                that, to the extent practicable, are based on the 
                performance accountability provisions described in 
                section 116.
                    ``(B) Evaluations.--
                            ``(i) Authority to enter into agreements.--
                        The Secretary shall ensure that an independent 
                        evaluation is conducted on the pilot program 
                        carried out under this subsection to determine 
                        the impact of the program on the employment of 
                        individuals with substance use disorders.
                            ``(ii) Methodologies to be used.--The 
                        independent evaluation required under this 
                        subparagraph shall use experimental designs 
                        using random assignment or, when random 
                        assignment is not feasible, other reliable, 
                        evidence-based research methodologies that 
                        allow for the strongest possible causal 
                        inferences.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 172 of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3227) is amended--
            (1) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Substance Use Crisis Grants.--There are authorized to be 
appropriated to carry out section 170(e)--
            ``(1) $25,000,000 for fiscal year 2025;
            ``(2) $27,500,000 for fiscal year 2026;
            ``(3) $30,000,000 for fiscal year 2027;
            ``(4) $32,500,000 for fiscal year 2028;
            ``(5) $35,000,000 for fiscal year 2029; and
            ``(6) $37,500,000 for fiscal year 2030.''.

SEC. 4. CONFORMING AMENDMENTS.

    Section 170 of the Workforce Innovation and Opportunity Act (29 
U.S.C. 3225) is amended--
            (1) in subsection (b)(1)(C), by striking ``this section'' 
        and inserting ``this paragraph''; and
            (2) in subsection (d)(4), by striking ``this section'' and 
        inserting ``subsection (b)(1)(B)''.
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