[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9209 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9209
To amend the Workforce Innovation and Opportunity Act to address the
economic and workforce impacts of substance use disorder.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2024
Ms. Jayapal (for herself and Mr. Larsen of Washington) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
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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