I 

115TH CONGRESS 

2D SESSION H. R. 5736 

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 HOUSE OF REPRESENTATIVES 

MAY 9, 2018 

Mr. BARR (for himself, Mr. KUSTOFF of Tennessee, Mr. GUTHRIE, Mr. 

MOONEY of West Virginia, Mr. MCKINLEY, Mr. FITZPATRICK, Mr. HARPER, Mr. ROTHFUS, Mr. BUDD, Ms. TENNEY, Mr. CURTIS, Mr. GIBBS, 

Mrs. BLACKBURN, Mr. ROE of Tennessee, and Mrs. WAGNER) introduced 

the following bill; which was referred to the Committee on Education and 

the Workforce, and in addition to the Committees on Energy and Commerce, and Financial Services, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Comprehensive Addic3 tion Recovery through Effective Employment and Reentry 

4 Act’’ or the ‘‘CAREER Act’’. 

5 SEC. 2. PILOT PROGRAM TO HELP INDIVIDUALS IN RECOV6 ERY FROM A SUBSTANCE USE DISORDER 

7 TRANSITION TO INDEPENDENT LIVING AND 

8 THE WORKFORCE. 

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

10 (42 U.S.C. 243 et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘SEC. 320B. PILOT PROGRAM TO HELP INDIVIDUALS IN RE13 COVERY FROM A SUBSTANCE USE DISORDER 

14 TRANSITION TO INDEPENDENT LIVING AND 

15 THE WORKFORCE. 

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

17 pilot program to award 5-year grants under subsection 

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

19 (b)(2) to States or Indian tribes, for the purpose of mak20 ing subgrants to entities under subsection (c) to help indi21 viduals in recovery from a substance use disorder transi22 tion from treatment to independent living and the work23 force. 

24 ‘‘(b) GRANTS.— 

25 ‘‘(1) 5-YEAR GRANTS.— 


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

2 award 5-year grants under this paragraph to 5 

3 States that submit an application under para4 graph (3). Such States shall be selected— 

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

6 the highest rate of death due to drug over7 dose per 100,000 people, based on data 

8 from the Centers for Disease Control and 

9 Prevention for calendar years 2013 

10 through 2017; and 

11 ‘‘(ii) based on the merits of the pro12 posal included in such application and the 

13 preferences described in subparagraph (B). 

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

15 selecting States for a grant under this para16 graph, shall give priority to States from among 

17 the States described in subparagraph (A) with 

18 the combination of— 

19 ‘‘(i) the highest average rates of un20 employment based on data provided by the 

21 Bureau of Labor Statistics for calendar 

22 years 2013 through 2017; 

23 ‘‘(ii) the lowest average labor force 

24 participation rates based on data provided 


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1 by the Bureau of Labor Statistics for cal2 endar years 2013 through 2017; and 

3 ‘‘(iii) the highest prevalence of opioid 

4 use disorder based on data provided by the 

5 Substance Abuse and Mental Health Serv6 ices Administration for calendar years 

7 2013 through 2017 as may be available. 

8 ‘‘(C) GRANT FUNDS.— 

9 ‘‘(i) IN GENERAL.—The funds from a 

10 5-year grant awarded under this paragraph 

11 shall be provided to each of the 5 selected 

12 States on an annual basis for each of fiscal 

13 years 2019 through 2023. 

14 ‘‘(ii) CARRY OVER.— 

15 ‘‘(I) IN GENERAL.—The funds 

16 awarded under clause (i) for a fiscal 

17 year shall remain available for the 

18 State to make subgrants under sub19 section (c) for such fiscal year, except 

20 a State may carry over (subject to 

21 subclause (II)) not more than 10 per22 cent of such funds for the following 

23 fiscal year for such purpose. 

24 ‘‘(II) REQUEST.—A State may 

25 make a request to the Secretary to 


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1 carry over more than 10 percent of 

2 the funds awarded under clause (i) for 

3 a fiscal year for the following fiscal 

4 year for such purpose, and the Sec5 retary may grant such request as the 

6 Secretary determines appropriate. 

7 ‘‘(III) AMOUNT FOR FOLLOWING

8 FISCAL YEAR.—Any amount carried 

9 over under this clause shall not im10 pact the amount of the funds the Sec11 retary awards the State for such fol12 lowing fiscal year. 

13 ‘‘(iii) RETURN OF FUNDS.—Any funds 

14 awarded under clause (i) that are not ex15 pended during the fiscal year for which the 

16 funds are awarded and that are not carried 

17 over for the following fiscal year under 

18 clause (ii) shall be returned to the Sec19 retary to carry out this section. Any funds 

20 returned to the Secretary after fiscal year 

21 2023 shall be returned to the general fund 

22 of the Treasury. 

23 ‘‘(2) 1-YEAR GRANTS.— 

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

25 for each of fiscal years 2019 through 2023, 


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1 award 1-year grants to States or Indian tribes 

2 under this paragraph that submit an applica3 tion in accordance with paragraph (3). Such 

4 States or Indian tribes shall be selected for a 

5 grant under this paragraph based on criteria 

6 established by the Secretary. 

7 ‘‘(B) GRANT FUNDS.— 

8 ‘‘(i) IN GENERAL.—The funds award9 ed through a grant under subparagraph 

10 (A) for a fiscal year shall remain available 

11 for the State or Indian tribe to make sub12 grants under subsection (c) for such fiscal 

13 year and may not be carried over for such 

14 following fiscal year. 

15 ‘‘(ii) RETURN OF FUNDS.—Any funds 

16 awarded through a grant under subpara17 graph (A) that are not expended during 

18 the fiscal year of the grant shall be re19 turned to the Secretary to carry out this 

20 section. Any funds returned to the Sec21 retary after fiscal year 2023 shall be re22 turned to the general fund of the Treas23 ury. 

24 ‘‘(3) APPLICATIONS.— 


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

2 grant under paragraph (1) and each State or 

3 Indian tribe desiring a grant under paragraph 

4 (2) shall submit an application to the Secretary 

5 at such time and in such manner as the Sec6 retary may reasonably require for such grant. 

7 ‘‘(B) CONTENTS.— 

8 ‘‘(i) IN GENERAL.—An application 

9 submitted under subparagraph (A) shall 

10 contain such information as the Secretary 

11 may reasonably require, including a pro12 posal for awarding subgrants under sub13 section (c) and a method for evaluating 

14 such subgrants. 

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

16 submitted under subparagraph (A) for a 

17 grant awarded under subsection (b)(1) 

18 shall include an assurance that not less 

19 than 50 percent of the funds awarded 

20 through the grant will be used towards 

21 making subgrants under subsection (c) to 

22 the entities applying for such subgrants 

23 that serve the areas in the State with the 

24 highest prevalence of substance use disVerDate Sep 11 2014 03:37 May 23, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5736.IH H5736

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1 order, based on data determined appro2 priate by the Secretary. 

3 ‘‘(c) SUBGRANTS.— 

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

5 grant under subsection (b)(1) and each State or In6 dian tribe that receives a grant under subsection 

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

8 to entities that meet the requirements under para9 graphs (2) and (3). 

10 ‘‘(2) SUBGRANT REQUIREMENTS.— 

11 ‘‘(A) APPLICATION.—An entity that de12 sires a subgrant under this subsection shall 

13 submit an application to the State or Indian 

14 tribe at such time and in such manner as the 

15 State or Indian tribe may reasonably require. 

16 ‘‘(B) CONTENTS.—An application sub17 mitted under subparagraph (A) by an entity 

18 shall contain such information as the State or 

19 Indian tribe may reasonably require, including 

20 a demonstration that the entity has one or more 

21 of the following abilities: 

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

23 stakeholders, which may include local em24 ployers, community stakeholders, and local 

25 and State governments, to identify gaps in 


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1 the workforce due to the prevalence of sub2 stance use disorders. 

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

4 stakeholders, which may include local em5 ployers, community stakeholders, and local 

6 and State governments, to offer transi7 tional services, including employment and 

8 career counseling or job placement, to help 

9 individuals in recovery from a substance 

10 use disorder transition into the workforce. 

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

12 stakeholders, which may include local em13 ployers, community stakeholders, and local 

14 and State governments, to assist employers 

15 with informing their employees of the re16 sources, such as treatment options for a 

17 substance use disorder, that are available 

18 to them. 

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

20 subgrant under this subsection shall use the 

21 subgrant funds for more than one of the following: 

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

23 in treating substance use disorders, including 

24 through residential treatment, to assist with the 

25 treatment provided through a subgrant under 


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1 this subsection, which may include the use of 

2 medication-assisted treatment. 

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

4 encourage substance use disorder prevention, 

5 treatment, recovery, and rehabilitation, with a 

6 focus on ensuring long-term recovery and symp7 tom remission. 

8 ‘‘(C) To help individuals transition from 

9 inpatient treatment for a substance use dis10 order to the workforce by providing— 

11 ‘‘(i) career services described in para12 graph (2), and training services described 

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

14 Workforce Innovation and Opportunity Act 

15 (29 U.S.C. 3174(c)); and 

16 ‘‘(ii) related services described in sec17 tion 134(a)(4)(D) of such Act (42 U.S.C. 

18 3174(a)(4)(D)). 

19 ‘‘(D) To implement innovative technologies 

20 to make substance use disorder treatment more 

21 affordable and accessible, which may include 

22 the use of telemedicine, and may assist individ23 uals in finding and maintaining employment 

24 throughout recovery. 


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1 ‘‘(E) To provide ongoing outpatient sub2 stance use disorder treatment programs, includ3 ing peer support meetings, for individuals who 

4 have recovered or are in recovery from a sub5 stance use disorder while they transition from 

6 receiving treatment for such disorder to enter7 ing the workforce and maintaining employment. 

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

9 hiring case managers, care coordinators, or 

10 trained peer recovery coaches, in recovery from 

11 a substance use disorder, including through 

12 programs to provide services to develop daily 

13 living skills, provide counseling, and provide 

14 housing assistance, and through other appro15 priate Federal Government assistance pro16 grams. 

17 ‘‘(G) With respect to an entity that pro18 vides the full continuum of substance use dis19 order treatment services, which may include de20 toxification, residential rehabilitation, recovery 

21 housing, evidence-based treatments (which may 

22 include the use of medication-assisted treat23 ment), counseling, and recovery supports, to ex24 pand such services to include services that may 

25 include— 


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1 ‘‘(i) short-term prevocational training 

2 services, such as the development of learn3 ing skills, communication skills, inter4 viewing skills, punctuality, personal main5 tenance skills, and professional conduct; 

6 ‘‘(ii) vocational training, which shall 

7 emphasize the skills or knowledge nec8 essary for a particular job function or 

9 trade; and 

10 ‘‘(iii) care coordination throughout the 

11 short- and long-term substance use dis12 order recovery process. 

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

14 Secretary as necessary for achieving the goal of 

15 transitioning individuals from treatment for 

16 substance use disorders to independent living 

17 and the workforce or to encouraging substance 

18 use disorder prevention in the workforce. 

19 ‘‘(d) CONSULTATION.—The Secretary may, in car20 rying out the pilot program under this section, consult 

21 with the Assistant Secretary for Substance Use and Men22 tal Health, the Administrator of the Health Resources and 

23 Services Administration, the Secretary of Labor, the Sec24 retary of Housing and Urban Development, and the Sec25 retary of Education. 


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1 ‘‘(e) REPORTING REQUIREMENTS.— 

2 ‘‘(1) REPORTS TO THE SECRETARY.— 

3 ‘‘(A) 5-YEAR GRANTS.—Not later than De4 cember 31, 2021, each State that has received 

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

6 the Secretary on its progress and effectiveness 

7 in meeting the objectives of the pilot program 

8 under this section, including the progress and 

9 effectiveness of the entities receiving subgrants 

10 under subsection (c) as demonstrated through 

11 reports of such progress and effectiveness sub12 mitted to the State by such entities. 

13 ‘‘(B) 1-YEAR GRANTS.—Not later than De14 cember 31 of the fiscal year following the fiscal 

15 year for which a grant is awarded under sub16 section (b)(2), the State or Indian tribe receiv17 ing such grant shall report to the Secretary on 

18 its progress and effectiveness in meeting the ob19 jectives of the pilot program under this section, 

20 including the progress and effectiveness of the 

21 entities receiving subgrants under subsection 

22 (c) which may be demonstrated through reports 

23 of such progress and effectiveness submitted to 

24 the State or Indian tribe by such entities. 


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

2 December 31, 2024, the Secretary shall submit a re3 port to Congress, including any applicable author4 izing committee of the Senate or House of Rep5 resentatives, evaluating the grants awarded under 

6 this section. 

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

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

9 of fiscal years 2019 through 2023, to carry out this sec10 tion. Out of such amount appropriated for each such fiscal 

11 year— 

12 ‘‘(1) 75 percent shall be used to make grants 

13 under subsection (b)(1); and 

14 ‘‘(2) 25 percent shall be used to make grants 

15 under subsection (b)(2).’’. 

16 SEC. 3. TRANSITIONAL HOUSING SERVICES. 

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

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

19 5305(a)) is amended— 

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

21 the end; 

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

23 the end and inserting ‘‘; and’’; and 

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


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1 ‘‘(27) providing temporary housing services to 

2 individuals who are transitioning out of substance 

3 abuse treatment programs for— 

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

5 or until the individual secures permanent hous6 ing, whichever is earlier; or 

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

8 determines necessary.’’. 

9 (b) ADDITIONAL CDBG AUTHORIZATION OF APPRO10 PRIATIONS.— 

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

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

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

14 of the Housing and Community Development 

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

16 the 10 States with the highest rate of death due 

17 to drug overdose per 100,000 people, based on 

18 data from the Centers for Disease Control and 

19 Prevention for calendar years 2013 through 

20 2017; and 

21 (B) any entitlement community located in 

22 a State described in subparagraph (A). 

23 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

24 addition to any amounts appropriated for the com25 munity development block grant program under title 


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1 I of the Housing and Community Development Act 

2 of 1974 (42 U.S.C. 5301 et seq.), there are author3 ized to be appropriated $25,000,000 for each of fis4 cal years 2019 through 2023, to be allocated by the 

5 Secretary of Housing and Urban Development on a 

6 competitive basis to covered entities to carry out the 

7 activity described in paragraph (27) of section 

8 105(a) of such Act (42 U.S.C. 5305(a)), as added 

9 by subsection (a). 

10 (3) PREFERENCES.—In allocating amounts au11 thorized to be appropriated under paragraph (2), the 

12 Secretary of Housing and Urban Development shall 

13 give priority to— 

14 (A) States from among the States de15 scribed in paragraph (1)(A) with a combination 

16 of— 

17 (i) the highest average rates of unem18 ployment based on data provided by the 

19 Bureau of Labor Statistics for calendar 

20 years 2013 through 2017; 

21 (ii) the lowest average labor force par22 ticipation rates based on data provided by 

23 the Bureau of Labor Statistics for cal24 endar years 2013 through 2017; and 


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1 (iii) the highest prevalence of opioid 

2 use disorder based on data provided by the 

3 Substance Abuse and Mental Health Serv4 ices Administration for calendar years 

5 2013 through 2017 as may be available; 

6 and 

7 (B) entitlement communities located in a 

8 State described in clause (i), (ii), or (iii) of sub9 paragraph (A). 

10 SEC. 4. SUBSTANCE USE DISORDER TRANSITION ACTIVI11 TIES. 

12 (a) RESERVATIONS FOR STATE ACTIVITIES.—Section 

13 133(a)(1) of the Workforce Innovation and Opportunity 

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

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

16 the following: 

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

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

19 ‘‘(B) SUBSTANCE USE DISORDER TRANSI20 TION ACTIVITIES.— 

21 ‘‘(i) ADULT AND DISLOCATED

22 FUNDS.—Of the funds reserved as required 

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

24 (A), the Governor of a State with an appli25 cation approved under section 134(a)(4) 


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1 may reserve a sum of not more than 5 per2 cent of each of the amounts allotted to the 

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

4 of section 132(b) for a fiscal year for sub5 stance use disorder transition activities de6 scribed in section 134(a)(4). Notwith7 standing sections 128(a)(2), 129(b), and 

8 134(a), the Governor may not use an 

9 amount allotted under section 

10 127(b)(1)(C) for those activities. 

11 ‘‘(ii) VOCATIONAL REHABILITATION

12 FUNDS.—The Governor of a State with 

13 such an approved application may reserve 

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

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

16 730(e)) for substance use disorder transi17 tion activities described in section 

18 134(a)(4).’’. 

19 (b) STATEWIDE EMPLOYMENT AND TRAINING AC20 TIVITIES.— 

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

22 Workforce Innovation and Opportunity Act (29 

23 U.S.C. 3174(a)(1)) is amended— 

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

25 ‘‘and’’ at the end; 


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

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

3 inserting ‘‘; and’’; and 

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

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

6 may be used for substance use disorder transi7 tion activities as described in paragraph (4), re8 gardless of whether the funds were allotted to 

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

10 132(b).’’. 

11 (2) SUBSTANCE USE DISORDER TRANSITION AC12 TIVITIES.—Section 134(a) of the Workforce Innova13 tion and Opportunity Act (29 U.S.C. 3174(a)) is 

14 amended by adding at the end the following: 

15 ‘‘(4) SUBSTANCE USE DISORDER TRANSITION

16 ACTIVITIES.— 

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

18 ‘‘(i) APPROPRIATE SECRETARY.—The 

19 term ‘appropriate Secretary’ means— 

20 ‘‘(I) except as provided in sub21 clause (II), the Secretary of Labor; or 

22 ‘‘(II) if the application involves 

23 funds reserved under section 110(e) of 

24 the Rehabilitation Act of 1973 (29 

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


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1 Labor and the Secretary of Edu2 cation. 

3 ‘‘(ii) SUBSTANCE USE DISORDER.— 

4 The term ‘substance use disorder’ means 

5 such a disorder within the meaning of the 

6 term in title V of the Public Health Service 

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

8 ‘‘(iii) SUBSTANCE USE DISORDER

9 TRANSITION ACTIVITIES.—The term ‘sub10 stance use disorder transition activities’ 

11 means activities authorized under subpara12 graph (D) or (E). 

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

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

15 of section 133(a)(1)(B) for substance use dis16 order transition activities described in this 

17 paragraph, a State shall— 

18 ‘‘(i) submit to the appropriate Sec19 retary an application seeking flexibility to 

20 use the reserved funds for such activities, 

21 and submit the application at such time, in 

22 such manner, and containing such infor23 mation as the appropriate Secretary may 

24 require, including an assurance that the 

25 State will award subgrants to entities on 


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1 the basis of the ability of the entities to 

2 provide the substance use disorder transi3 tion activities involved, including any pro4 grams that the entities propose to provide 

5 that lead to recognized postsecondary cre6 dentials; and 

7 ‘‘(ii) obtain approval of the applica8 tion. 

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

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

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

12 one-stop operators and nonprofit organizations, 

13 to provide services under subparagraph (D) and 

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

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

16 receives a subgrant under subparagraph (C) 

17 shall use the subgrant funds to assist individ18 uals in recovery from a substance use disorder 

19 in transitioning to the workforce, by providing 

20 career services (such as the services described 

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

22 may include one or more of— 

23 ‘‘(i) providing ongoing career coun24 seling, both before and after job placement, 

25 with a focus on individual employment 


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1 preferences while weighing the skill needs 

2 of industries in the local area; 

3 ‘‘(ii) promoting systemic job develop4 ment, by facilitating voluntary programs 

5 and relationships between participants and 

6 local employers to create potential employ7 ment opportunities; 

8 ‘‘(iii) providing benefits counseling— 

9 ‘‘(I) to ensure participants re10 ceive accurate information regarding 

11 how employment will affect access to 

12 various Federal programs, such as the 

13 Medicaid program established under 

14 title XIX of the Social Security Act 

15 (42 U.S.C. 1396 et seq.) and the sup16 plemental security income program es17 tablished under title XVI of that Act 

18 (42 U.S.C. 1381 et seq.); and 

19 ‘‘(II) to advise participants on 

20 ways to transition away from the pro21 grams described in subclause (I) 

22 through maintaining employment; 

23 ‘‘(iv) creating voluntary programs 

24 with employers to establish a work and 

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1 ployee Assistance Program, for employees 

2 in recovery from a substance use disorder; 

3 ‘‘(v) providing educational materials 

4 or training to employers to enable the em5 ployers to inform their employees of the re6 sources, such as treatment options for a 

7 substance use disorder, that are available 

8 to them; and 

9 ‘‘(vi) any other career services that 

10 are determined to be necessary by the ap11 propriate Secretary and that would assist 

12 individuals in recovery from a substance 

13 use disorder in transitioning to the work14 force. 

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

16 receives a subgrant under subparagraph (C) 

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

18 subgrant funds to assist individuals in recovery 

19 from a substance use disorder in transitioning 

20 to the workforce, by providing training serv21 ices.’’. 

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

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

24 amended— 


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1 (1) by redesignating subsection (g) as sub2 section (h); and 

3 (2) by inserting after subsection (f) the fol4 lowing: 

5 ‘‘(g) RELATIONSHIP TO OTHER LAWS.— 

6 ‘‘(1) DISABILITY NONDISCRIMINATION LAW.— 

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

8 or considers for employment, any individual who re9 ceives services under this section or under section 

10 320B of the Public Health Service Act shall have an 

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

12 unlawful discrimination on the basis of disability 

13 under a covered law, that alleges that the employer 

14 discriminated against that individual (which may in15 clude refusing to hire or terminating the employ16 ment of the individual) based on alcohol addiction or 

17 past substance use disorder for which the individual 

18 receives such services. 

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

20 paragraph (1) shall be construed to eliminate the 

21 duty of the employer, to an employee who is an indi22 vidual who receives such services, to provide a rea23 sonable accommodation for an alcohol disorder, or a 

24 past substance use disorder, that is a disability 

25 under a covered law. 


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

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

3 law’ means title I of the Americans with Dis4 abilities Act of 1990 (42 U.S.C. 12111 et seq.), 

5 title V of the Rehabilitation Act of 1973 (29 

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

7 local law), that prohibits discrimination on the 

8 basis of disability in employment. 

9 ‘‘(B) SUBSTANCE USE DISORDER.—The 

10 term ‘substance use disorder’ means such a dis11 order within the meaning of the term in title V 

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

13 290aa et seq.).’’. 

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

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

16 by adding at the end the following: 

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

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

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

20 funds for substance use disorder transition activities de21 scribed in section 134(a)(4) of the Workforce Innovation 

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

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

24 a State with an application approved under section 


pbinns on DSK79D2C42PROD with BILLS
26 

•HR 5736 IH

1 134(a)(4) of the Workforce Innovation and Opportunity 

2 Act.’’. 

Æ 


pbinns on DSK79D2C42PROD with BILLS