II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Comprehensive Addic5 tion Recovery through Effective Employment and Reentry 

6 Act’’ or the ‘‘CAREER Act’’. 


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1 SEC. 2. PILOT PROGRAM TO HELP INDIVIDUALS IN RECOV2 ERY FROM A SUBSTANCE USE DISORDER 

3 TRANSITION TO INDEPENDENT LIVING AND 

4 THE WORKFORCE. 

5 Part B of title III of the Public Health Service Act 

6 (42 U.S.C. 243 et seq.) is amended by adding at the end 

7 the following: 

8 ‘‘SEC. 320B. PILOT PROGRAM TO HELP INDIVIDUALS IN RE9 COVERY FROM A SUBSTANCE USE DISORDER 

10 TRANSITION TO INDEPENDENT LIVING AND 

11 THE WORKFORCE. 

12 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

13 pilot program to award 5-year grants under subsection 

14 (b)(1) to States, and 1-year grants under subsection 

15 (b)(2) to States or Indian tribes, for the purpose of mak16 ing subgrants to entities under subsection (c) to help indi17 viduals in recovery from a substance use disorder transi18 tion from treatment to independent living and the work19 force. 

20 ‘‘(b) GRANTS.— 

21 ‘‘(1) 5-YEAR GRANTS.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 award 5-year grants under this paragraph to 5 

24 States that submit an application under para25 graph (3). Such States shall be selected— 


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1 ‘‘(i) from among the 10 States with 

2 the highest rate of death due to drug over3 dose per 100,000 people, based on data 

4 from the Centers for Disease Control and 

5 Prevention for calendar years 2013 

6 through 2017; and 

7 ‘‘(ii) based on the merits of the pro8 posal included in such application and the 

9 preferences described in subparagraph (B). 

10 ‘‘(B) PREFERENCES.—The Secretary, in 

11 selecting States for a grant under this para12 graph, shall give priority to States from among 

13 the States described in subparagraph (A) with 

14 the combination of— 

15 ‘‘(i) the highest average rates of un16 employment based on data provided by the 

17 Bureau of Labor Statistics for calendar 

18 years 2013 through 2017; 

19 ‘‘(ii) the lowest average labor force 

20 participation rates based on data provided 

21 by the Bureau of Labor Statistics for cal22 endar years 2013 through 2017; and 

23 ‘‘(iii) the highest prevalence of opioid 

24 use disorder based on data provided by the 

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1 ices Administration for calendar years 

2 2013 through 2017 as may be available. 

3 ‘‘(C) GRANT FUNDS.— 

4 ‘‘(i) IN GENERAL.—The funds from a 

5 5-year grant awarded under this paragraph 

6 shall be provided to each of the 5 selected 

7 States on an annual basis for each of fiscal 

8 years 2019 through 2023. 

9 ‘‘(ii) CARRY OVER.— 

10 ‘‘(I) IN GENERAL.—The funds 

11 awarded under clause (i) for a fiscal 

12 year shall remain available for the 

13 State to make subgrants under sub14 section (c) for such fiscal year, except 

15 a State may carry over (subject to 

16 subclause (II)) not more than 10 per17 cent of such funds for the following 

18 fiscal year for such purpose. 

19 ‘‘(II) REQUEST.—A State may 

20 make a request to the Secretary to 

21 carry over more than 10 percent of 

22 the funds awarded under clause (i) for 

23 a fiscal year for the following fiscal 

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1 retary may grant such request as the 

2 Secretary determines appropriate. 

3 ‘‘(III) AMOUNT FOR FOLLOWING

4 FISCAL YEAR.—Any amount carried 

5 over under this clause shall not im6 pact the amount of the funds the Sec7 retary awards the State for such fol8 lowing fiscal year. 

9 ‘‘(iii) RETURN OF FUNDS.—Any funds 

10 awarded under clause (i) that are not ex11 pended during the fiscal year for which the 

12 funds are awarded and that are not carried 

13 over for the following fiscal year under 

14 clause (ii) shall be returned to the Sec15 retary to carry out this section. Any funds 

16 returned to the Secretary after fiscal year 

17 2023 shall be returned to the general fund 

18 of the Treasury. 

19 ‘‘(2) 1-YEAR GRANTS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall, 

21 for each of fiscal years 2019 through 2023, 

22 award 1-year grants to States or Indian tribes 

23 under this paragraph that submit an applica24 tion in accordance with paragraph (3). Such 

25 States or Indian tribes shall be selected for a 


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1 grant under this paragraph based on criteria 

2 established by the Secretary. 

3 ‘‘(B) GRANT FUNDS.— 

4 ‘‘(i) IN GENERAL.—The funds award5 ed through a grant under subparagraph 

6 (A) for a fiscal year shall remain available 

7 for the State or Indian tribe to make sub8 grants under subsection (c) for such fiscal 

9 year and may not be carried over for such 

10 following fiscal year. 

11 ‘‘(ii) RETURN OF FUNDS.—Any funds 

12 awarded through a grant under subpara13 graph (A) that are not expended during 

14 the fiscal year of the grant shall be re15 turned to the Secretary to carry out this 

16 section. Any funds returned to the Sec17 retary after fiscal year 2023 shall be re18 turned to the general fund of the Treas19 ury. 

20 ‘‘(3) APPLICATIONS.— 

21 ‘‘(A) IN GENERAL.—Each State desiring a 

22 grant under paragraph (1) and each State or 

23 Indian tribe desiring a grant under paragraph 

24 (2) shall submit an application to the Secretary 


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1 at such time and in such manner as the Sec2 retary may reasonably require for such grant. 

3 ‘‘(B) CONTENTS.— 

4 ‘‘(i) IN GENERAL.—An application 

5 submitted under subparagraph (A) shall 

6 contain such information as the Secretary 

7 may reasonably require, including a pro8 posal for awarding subgrants under sub9 section (c) and a method for evaluating 

10 such subgrants. 

11 ‘‘(ii) 5-YEAR GRANTS.—An application 

12 submitted under subparagraph (A) for a 

13 grant awarded under subsection (b)(1) 

14 shall include an assurance that not less 

15 than 50 percent of the funds awarded 

16 through the grant will be used towards 

17 making subgrants under subsection (c) to 

18 the entities applying for such subgrants 

19 that serve the areas in the State with the 

20 highest prevalence of substance use dis21 order, based on data determined appro22 priate by the Secretary. 

23 ‘‘(c) SUBGRANTS.— 

24 ‘‘(1) IN GENERAL.—Each State that receives a 

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1 dian tribe that receives a grant under subsection 

2 (b)(2) shall award subgrants on a competitive basis 

3 to entities that meet the requirements under para4 graphs (2) and (3). 

5 ‘‘(2) SUBGRANT REQUIREMENTS.— 

6 ‘‘(A) APPLICATION.—An entity that de7 sires a subgrant under this subsection shall 

8 submit an application to the State or Indian 

9 tribe at such time and in such manner as the 

10 State or Indian tribe may reasonably require. 

11 ‘‘(B) CONTENTS.—An application sub12 mitted under subparagraph (A) by an entity 

13 shall contain such information as the State or 

14 Indian tribe may reasonably require, including 

15 a demonstration that the entity has one or more 

16 of the following abilities: 

17 ‘‘(i) The ability to partner with local 

18 stakeholders, which may include local em19 ployers, community stakeholders, and local 

20 and State governments, to identify gaps in 

21 the workforce due to the prevalence of sub22 stance use disorders. 

23 ‘‘(ii) The ability to partner with local 

24 stakeholders, which may include local em25 ployers, community stakeholders, and local 


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1 and State governments, to offer transi2 tional services, including employment and 

3 career counseling or job placement, to help 

4 individuals in recovery from a substance 

5 use disorder transition into the workforce. 

6 ‘‘(iii) The ability to partner with local 

7 stakeholders, which may include local em8 ployers, community stakeholders, and local 

9 and State governments, to assist employers 

10 with informing their employees of the re11 sources, such as treatment options for a 

12 substance use disorder, that are available 

13 to them. 

14 ‘‘(3) USE OF FUNDS.—An entity receiving a 

15 subgrant under this subsection shall use the 

16 subgrant funds for more than one of the following: 

17 ‘‘(A) To hire specialists with an expertise 

18 in treating substance use disorders, including 

19 through residential treatment, to assist with the 

20 treatment provided through a subgrant under 

21 this subsection, which may include the use of 

22 medication-assisted treatment. 

23 ‘‘(B) To provide wrap-around services to 

24 encourage substance use disorder prevention, 

25 treatment, recovery, and rehabilitation, with a 


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1 focus on ensuring long-term recovery and symp2 tom remission. 

3 ‘‘(C) To help individuals transition from 

4 inpatient treatment for a substance use dis5 order to the workforce by providing— 

6 ‘‘(i) career services described in para7 graph (2), and training services described 

8 in paragraph (3), of section 134(c) of the 

9 Workforce Innovation and Opportunity Act 

10 (29 U.S.C. 3174(c)); and 

11 ‘‘(ii) related services described in sec12 tion 134(a)(4)(D) of such Act (42 U.S.C. 

13 3174(a)(4)(D)). 

14 ‘‘(D) To implement innovative technologies 

15 to make substance use disorder treatment more 

16 affordable and accessible, which may include 

17 the use of telemedicine, and may assist individ18 uals in finding and maintaining employment 

19 throughout recovery. 

20 ‘‘(E) To provide ongoing outpatient sub21 stance use disorder treatment programs, includ22 ing peer support meetings, for individuals who 

23 have recovered or are in recovery from a sub24 stance use disorder while they transition from 


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1 receiving treatment for such disorder to enter2 ing the workforce and maintaining employment. 

3 ‘‘(F) To assist patients, including through 

4 hiring case managers, care coordinators, or 

5 trained peer recovery coaches, in recovery from 

6 a substance use disorder, including through 

7 programs to provide services to develop daily 

8 living skills, provide counseling, and provide 

9 housing assistance, and through other appro10 priate Federal Government assistance pro11 grams. 

12 ‘‘(G) With respect to an entity that pro13 vides the full continuum of substance use dis14 order treatment services, which may include de15 toxification, residential rehabilitation, recovery 

16 housing, evidence-based treatments (which may 

17 include the use of medication-assisted treat18 ment), counseling, and recovery supports, to ex19 pand such services to include services that may 

20 include— 

21 ‘‘(i) short-term prevocational training 

22 services, such as the development of learn23 ing skills, communication skills, inter24 viewing skills, punctuality, personal main25 tenance skills, and professional conduct; 


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1 ‘‘(ii) vocational training, which shall 

2 emphasize the skills or knowledge nec3 essary for a particular job function or 

4 trade; and 

5 ‘‘(iii) care coordination throughout the 

6 short- and long-term substance use dis7 order recovery process. 

8 ‘‘(H) Any other service determined by the 

9 Secretary as necessary for achieving the goal of 

10 transitioning individuals from treatment for 

11 substance use disorders to independent living 

12 and the workforce or to encouraging substance 

13 use disorder prevention in the workforce. 

14 ‘‘(d) CONSULTATION.—The Secretary may, in car15 rying out the pilot program under this section, consult 

16 with the Assistant Secretary for Substance Use and Men17 tal Health, the Administrator of the Health Resources and 

18 Services Administration, the Secretary of Labor, the Sec19 retary of Housing and Urban Development, and the Sec20 retary of Education. 

21 ‘‘(e) REPORTING REQUIREMENTS.— 

22 ‘‘(1) REPORTS TO THE SECRETARY.— 

23 ‘‘(A) 5-YEAR GRANTS.—Not later than De24 cember 31, 2021, each State that has received 

25 a grant under subsection (b)(1) shall report to 


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1 the Secretary on its progress and effectiveness 

2 in meeting the objectives of the pilot program 

3 under this section, including the progress and 

4 effectiveness of the entities receiving subgrants 

5 under subsection (c) as demonstrated through 

6 reports of such progress and effectiveness sub7 mitted to the State by such entities. 

8 ‘‘(B) 1-YEAR GRANTS.—Not later than De9 cember 31 of the fiscal year following the fiscal 

10 year for which a grant is awarded under sub11 section (b)(2), the State or Indian tribe receiv12 ing such grant shall report to the Secretary on 

13 its progress and effectiveness in meeting the ob14 jectives of the pilot program under this section, 

15 including the progress and effectiveness of the 

16 entities receiving subgrants under subsection 

17 (c) which may be demonstrated through reports 

18 of such progress and effectiveness submitted to 

19 the State or Indian tribe by such entities. 

20 ‘‘(2) REPORT TO CONGRESS.—Not later than 

21 December 31, 2024, the Secretary shall submit a re22 port to Congress, including any applicable author23 izing committee of the Senate or House of Rep24 resentatives, evaluating the grants awarded under 

25 this section. 


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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated $200,000,000, for each 

3 of fiscal years 2019 through 2023, to carry out this sec4 tion. Out of such amount appropriated for each such fiscal 

5 year— 

6 ‘‘(1) 75 percent shall be used to make grants 

7 under subsection (b)(1); and 

8 ‘‘(2) 25 percent shall be used to make grants 

9 under subsection (b)(2).’’. 

10 SEC. 3. TRANSITIONAL HOUSING SERVICES. 

11 (a) IN GENERAL.—Section 105(a) of the Housing 

12 and Community Development Act of 1974 (42 U.S.C. 

13 5305(a)) is amended— 

14 (1) in paragraph (25)(D), by striking ‘‘and’’ at 

15 the end; 

16 (2) in paragraph (26), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(27) providing temporary housing services to 

20 individuals who are transitioning out of substance 

21 abuse treatment programs for— 

22 ‘‘(A) a period of not more than 24 months 

23 or until the individual secures permanent hous24 ing, whichever is earlier; or 


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1 ‘‘(B) such longer period as the Secretary 

2 determines necessary.’’. 

3 (b) ADDITIONAL CDBG AUTHORIZATION OF APPRO4 PRIATIONS.— 

5 (1) DEFINITION OF COVERED ENTITY.—In this 

6 subsection, the term ‘‘covered entity’’ means— 

7 (A) a State (as defined in section 102(a) 

8 of the Housing and Community Development 

9 Act of 1974 (42 U.S.C. 5302(a))) that is 

10 among the 10 States with the highest rate of 

11 death due to drug overdose per 100,000 people, 

12 based on data from the Centers for Disease 

13 Control and Prevention for calendar years 2013 

14 through 2017; and 

15 (B) any entitlement community located in 

16 a State described in subparagraph (A). 

17 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

18 addition to any amounts appropriated for the com19 munity development block grant program under title 

20 I of the Housing and Community Development Act 

21 of 1974 (42 U.S.C. 5301 et seq.), there are author22 ized to be appropriated $25,000,000 for each of fis23 cal years 2019 through 2023, to be allocated by the 

24 Secretary of Housing and Urban Development on a 

25 competitive basis to covered entities to carry out the 


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1 activity described in paragraph (27) of section 

2 105(a) of such Act (42 U.S.C. 5305(a)), as added 

3 by subsection (a). 

4 (3) PREFERENCES.—In allocating amounts au5 thorized to be appropriated under paragraph (2), the 

6 Secretary of Housing and Urban Development shall 

7 give priority to— 

8 (A) States from among the States de9 scribed in paragraph (1)(A) with a combination 

10 of— 

11 (i) the highest average rates of unem12 ployment based on data provided by the 

13 Bureau of Labor Statistics for calendar 

14 years 2013 through 2017; 

15 (ii) the lowest average labor force par16 ticipation rates based on data provided by 

17 the Bureau of Labor Statistics for cal18 endar years 2013 through 2017; and 

19 (iii) the highest prevalence of opioid 

20 use disorder based on data provided by the 

21 Substance Abuse and Mental Health Serv22 ices Administration for calendar years 

23 2013 through 2017 as may be available; 

24 and 


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1 (B) entitlement communities located in a 

2 State described in clause (i), (ii), or (iii) of sub3 paragraph (A). 

4 SEC. 4. SUBSTANCE USE DISORDER TRANSITION ACTIVI5 TIES. 

6 (a) RESERVATIONS FOR STATE ACTIVITIES.—Section 

7 133(a)(1) of the Workforce Innovation and Opportunity 

8 Act (29 U.S.C. 3173(a)(1)) is amended— 

9 (1) by striking ‘‘The Governor’’ and inserting 

10 the following: 

11 ‘‘(A) IN GENERAL.—The Governor’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(B) SUBSTANCE USE DISORDER TRANSI14 TION ACTIVITIES.— 

15 ‘‘(i) ADULT AND DISLOCATED

16 FUNDS.—Of the funds reserved as required 

17 under section 128(a)(1) and subparagraph 

18 (A), the Governor of a State with an appli19 cation approved under section 134(a)(4) 

20 may reserve a sum of not more than 5 per21 cent of each of the amounts allotted to the 

22 State under paragraphs (1)(B) and (2)(B) 

23 of section 132(b) for a fiscal year for sub24 stance use disorder transition activities de25 scribed in section 134(a)(4). NotwithVerDate Sep 11 2014 04:19 Apr 28, 2018 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2730.IS S2730

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1 standing sections 128(a)(2), 129(b), and 

2 134(a), the Governor may not use an 

3 amount allotted under section 

4 127(b)(1)(C) for those activities. 

5 ‘‘(ii) VOCATIONAL REHABILITATION

6 FUNDS.—The Governor of a State with 

7 such an approved application may reserve 

8 funds as described in section 110(e) of the 

9 Rehabilitation Act of 1973 (29 U.S.C. 

10 730(e)) for substance use disorder transi11 tion activities described in section 

12 134(a)(4).’’. 

13 (b) STATEWIDE EMPLOYMENT AND TRAINING AC14 TIVITIES.— 

15 (1) IN GENERAL.—Section 134(a)(1) of the 

16 Workforce Innovation and Opportunity Act (29 

17 U.S.C. 3174(a)(1)) is amended— 

18 (A) in subparagraph (A), by striking 

19 ‘‘and’’ at the end; 

20 (B) in subparagraph (B), in the matter 

21 following clause (ii), by striking the period and 

22 inserting ‘‘; and’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(C) as described in section 133(a)(1)(B), 

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1 tion activities as described in paragraph (4), re2 gardless of whether the funds were allotted to 

3 the State under paragraph (1) or (2) of section 

4 132(b).’’. 

5 (2) SUBSTANCE USE DISORDER TRANSITION AC6 TIVITIES.—Section 134(a) of the Workforce Innova7 tion and Opportunity Act (29 U.S.C. 3174(a)) is 

8 amended by adding at the end the following: 

9 ‘‘(4) SUBSTANCE USE DISORDER TRANSITION

10 ACTIVITIES.— 

11 ‘‘(A) DEFINITIONS.—In this paragraph: 

12 ‘‘(i) APPROPRIATE SECRETARY.—The 

13 term ‘appropriate Secretary’ means— 

14 ‘‘(I) except as provided in sub15 clause (II), the Secretary of Labor; or 

16 ‘‘(II) if the application involves 

17 funds reserved under section 110(e) of 

18 the Rehabilitation Act of 1973 (29 

19 U.S.C. 730(e)), the Secretary of 

20 Labor and the Secretary of Edu21 cation. 

22 ‘‘(ii) SUBSTANCE USE DISORDER.— 

23 The term ‘substance use disorder’ means 

24 such a disorder within the meaning of the 


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1 term in title V of the Public Health Service 

2 Act (42 U.S.C. 290aa et seq.). 

3 ‘‘(iii) SUBSTANCE USE DISORDER

4 TRANSITION ACTIVITIES.—The term ‘sub5 stance use disorder transition activities’ 

6 means activities authorized under subpara7 graph (D) or (E). 

8 ‘‘(B) ELIGIBLE STATES.—To be eligible to 

9 use the funds reserved under clause (i) or (ii) 

10 of section 133(a)(1)(B) for substance use dis11 order transition activities described in this 

12 paragraph, a State shall— 

13 ‘‘(i) submit to the appropriate Sec14 retary an application seeking flexibility to 

15 use the reserved funds for such activities, 

16 and submit the application at such time, in 

17 such manner, and containing such infor18 mation as the appropriate Secretary may 

19 require, including an assurance that the 

20 State will award subgrants to entities on 

21 the basis of the ability of the entities to 

22 provide the substance use disorder transi23 tion activities involved, including any pro24 grams that the entities propose to provide 


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1 that lead to recognized postsecondary cre2 dentials; and 

3 ‘‘(ii) obtain approval of the applica4 tion. 

5 ‘‘(C) SUBGRANTS.—An eligible State may 

6 use the funds reserved under clause (i) or (ii) 

7 of section 133(a)(1)(B) to make subgrants to 

8 one-stop operators and nonprofit organizations, 

9 to provide services under subparagraph (D) and 

10 (at the election of the State) subparagraph (E). 

11 ‘‘(D) CAREER SERVICES.—An entity that 

12 receives a subgrant under subparagraph (C) 

13 shall use the subgrant funds to assist individ14 uals in recovery from a substance use disorder 

15 in transitioning to the workforce, by providing 

16 career services (such as the services described 

17 in section 134(c)(2)) and related services, which 

18 may include one or more of— 

19 ‘‘(i) providing ongoing career coun20 seling, both before and after job placement, 

21 with a focus on individual employment 

22 preferences while weighing the skill needs 

23 of industries in the local area; 

24 ‘‘(ii) promoting systemic job develop25 ment, by facilitating voluntary programs 


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1 and relationships between participants and 

2 local employers to create potential employ3 ment opportunities; 

4 ‘‘(iii) providing benefits counseling— 

5 ‘‘(I) to ensure participants re6 ceive accurate information regarding 

7 how employment will affect access to 

8 various Federal programs, such as the 

9 Medicaid program established under 

10 title XIX of the Social Security Act 

11 (42 U.S.C. 1396 et seq.) and the sup12 plemental security income program es13 tablished under title XVI of that Act 

14 (42 U.S.C. 1381 et seq.); and 

15 ‘‘(II) to advise participants on 

16 ways to transition away from the pro17 grams described in subclause (I) 

18 through maintaining employment; 

19 ‘‘(iv) creating voluntary programs 

20 with employers to establish a work and 

21 treatment arrangement, such as an Em22 ployee Assistance Program, for employees 

23 in recovery from a substance use disorder; 

24 ‘‘(v) providing educational materials 

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1 ployers to inform their employees of the re2 sources, such as treatment options for a 

3 substance use disorder, that are available 

4 to them; and 

5 ‘‘(vi) any other career services that 

6 are determined to be necessary by the ap7 propriate Secretary and that would assist 

8 individuals in recovery from a substance 

9 use disorder in transitioning to the work10 force. 

11 ‘‘(E) TRAINING SERVICES.—An entity that 

12 receives a subgrant under subparagraph (C) 

13 shall (at the election of the State) use the 

14 subgrant funds to assist individuals in recovery 

15 from a substance use disorder in transitioning 

16 to the workforce, by providing training serv17 ices.’’. 

18 (c) ADMINISTRATION.—Section 181 of the Workforce 

19 Innovation and Opportunity Act (29 U.S.C. 3241) is 

20 amended— 

21 (1) by redesignating subsection (g) as sub22 section (h); and 

23 (2) by inserting after subsection (f) the fol24 lowing: 

25 ‘‘(g) RELATIONSHIP TO OTHER LAWS.— 


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1 ‘‘(1) DISABILITY NONDISCRIMINATION LAW.— 

2 Subject to paragraph (2), an employer that employs, 

3 or considers for employment, any individual who re4 ceives services under this section or under section 

5 320B of the Public Health Service Act shall have an 

6 absolute defense to any claim (including a charge) of 

7 unlawful discrimination on the basis of disability 

8 under a covered law, that alleges that the employer 

9 discriminated against that individual (which may in10 clude refusing to hire or terminating the employ11 ment of the individual) based on alcohol addiction or 

12 past substance use disorder for which the individual 

13 receives such services. 

14 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

15 paragraph (1) shall be construed to eliminate the 

16 duty of the employer, to an employee who is an indi17 vidual who receives such services, to provide a rea18 sonable accommodation for an alcohol disorder, or a 

19 past substance use disorder, that is a disability 

20 under a covered law. 

21 ‘‘(3) DEFINITIONS.—In this subsection: 

22 ‘‘(A) COVERED LAW.—The term ‘covered 

23 law’ means title I of the Americans with Dis24 abilities Act of 1990 (42 U.S.C. 12111 et seq.), 

25 title V of the Rehabilitation Act of 1973 (29 


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1 U.S.C. 791 et seq.), or a State law (including 

2 local law), that prohibits discrimination on the 

3 basis of disability in employment. 

4 ‘‘(B) SUBSTANCE USE DISORDER.—The 

5 term ‘substance use disorder’ means such a dis6 order within the meaning of the term in title V 

7 of the Public Health Service Act (42 U.S.C. 

8 290aa et seq.).’’. 

9 (d) OTHER CORE PROGRAMS.—Section 110 of the 

10 Rehabilitation Act of 1973 (29 U.S.C. 730) is amended 

11 by adding at the end the following: 

12 ‘‘(e)(1) In the case of a transition State, from any 

13 State allotment under subsection (a) for a fiscal year, the 

14 State may reserve not more than 5 percent of the allotted 

15 funds for substance use disorder transition activities de16 scribed in section 134(a)(4) of the Workforce Innovation 

17 and Opportunity Act (29 U.S.C. 3174(a)(4)). 

18 ‘‘(2) In this section, the term ‘transition State’ means 

19 a State with an application approved under section 

20 134(a)(4) of the Workforce Innovation and Opportunity 

21 Act.’’. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS