42 U.S.C. § 290ee–8 (THE PUBLIC HEALTH AND WELFARE)
§ 290ee–8. Career Act
(a) In general
The Secretary of Health and Human Services (referred to in this section as the “Secretary”), in consultation with the Secretary of Labor, shall continue or establish a program to support individuals in substance use disorder treatment and recovery to live independently and participate in the workforce.
(b) Grants authorized
In carrying out the activities under this section, the Secretary shall, on a competitive basis, award grants for a period of not more than 5 years to entities to enable such entities to carry out evidence-based programs to help individuals in substance use disorder treatment and recovery to live independently and participate in the workforce. Such entities shall coordinate, as applicable, with Indian tribes or tribal organizations (as applicable), State boards and local boards (as defined in section 3102 of title 29, lead State agencies with responsibility for a workforce investment activity (as defined in such section 3102), and State agencies responsible for carrying out substance use disorder prevention and treatment programs.
(c) Priority
(1) In general
In awarding grants under this section, the Secretary shall give priority based on the State in which the entity is located. Priority shall be given among States according to a formula based on the rates described in paragraph (2) and weighted as described in paragraph (3).
(2) Rates
The rates described in this paragraph are the following:
(A) The amount by which the rate of drug overdose deaths in the State, adjusted for age, is above the national overdose mortality rate, as determined by the Director of the Centers for Disease Control and Prevention.
(B) The amount by which the rate of unemployment for the State, based on data provided by the Bureau of Labor Statistics for the preceding 5 calendar years for which there is available data, is above the national average.
(C) The amount by which rate of labor force participation in the State, based on data provided by the Bureau of Labor Statistics for the preceding 5 calendar years for which there is available data, is below the national average.
(3) Weighting
The rates described in paragraph (2) shall be weighted as follows:
(A) The rate described in paragraph (2)(A) shall be weighted 70 percent.
(B) The rate described in paragraph (2)(B) shall be weighted 15 percent.
(C) The rate described in paragraph (2)(C) shall be weighted 15 percent.
(d) Preference
In awarding grants under this section, the Secretary shall give preference to entities located in areas within States with the greatest need, with such need based on the highest mortality rate related to substance use disorder.
(e) Definitions
In this section:
(1) Eligible entity
The term “eligible entity” means an entity that offers treatment or recovery services for individuals with substance use disorders, and partners with one or more local or State stakeholders, which may include local employers, community organizations, the local workforce development board, local and State governments, and Indian Tribes or tribal organizations, to support recovery, independent living, and participation in the workforce.
(2) Indian Tribes; tribal organization
The terms “Indian Tribe” and “tribal organization” have the meanings given the terms “Indian tribe” and “tribal organization” in section 5304 of title 25.
(3) State
The term “State” includes only the several States and the District of Columbia.
(f) Applications
An eligible entity shall submit an application at such time and in such manner as the Secretary may require. In submitting an application, the entity shall demonstrate the ability to partner with local stakeholders, which may include local employers, community stakeholders, the local workforce development board, local and State governments, and Indian Tribes or tribal organizations, as applicable, to—
(1) identify gaps in the workforce due to the prevalence of substance use disorders;
(2) in coordination with statewide employment and training activities, including coordination and alignment of activities carried out by entities provided grant funds under section 3225a of title 29, help individuals in recovery from a substance use disorder transition into the workforce, including by providing career services, training services as described in paragraph (2) of section 3174(c) of title 29, and related services described in section 3174(a)(3) of such title; and
(3) assist employers with informing their employees of the resources, such as resources related to substance use disorders that are available to their employees.
(g) Use of funds
An entity receiving a grant under this section shall use the funds to conduct one or more of the following activities:
(1) Hire case managers, care coordinators, providers of peer recovery support services, as described in section 290ee–2(a) of this title, or other professionals, as appropriate, to provide services that support treatment, recovery, and rehabilitation, and prevent relapse, recidivism, and overdose, including by encouraging—
(A) the development and strengthening of daily living skills; and
(B) the use of counseling, care coordination, and other services, as appropriate, to support recovery from substance use disorders.
(2) Implement or utilize innovative technologies, which may include the use of telemedicine.
(3) In coordination with the lead State agency with responsibility for a workforce investment activity or local board described in subsection (b), provide—
(A) short-term prevocational training services; and
(B) training services that are directly linked to the employment opportunities in the local area or the planning region.
(h) Support for State strategy
An eligible entity shall include in its application under subsection (f) information describing how the services and activities proposed in such application are aligned with the State, outlying area, or Tribal strategy, as applicable, for addressing issues described in such application and how such entity will coordinate with existing systems to deliver services as described in such application.
(i) Data reporting and program oversight
Each eligible entity awarded a grant under this section shall submit to the Secretary a report at such time and in such manner as the Secretary may require. Such report shall include a description of—
(1) the programs and activities funded by the grant;
(2) outcomes of the population of individuals with a substance use disorder the grantee served through activities described in subsection (g); and
(3) any other information that the Secretary may require for the purpose of ensuring that the grantee is complying with all of the requirements of the grant.
(j) Reports to Congress
(1) Preliminary report
Not later than 2 years after the end of the first year of the grant period under this section, the Secretary shall submit to Congress a preliminary report that analyzes reports submitted under subsection (i).
(2) Final report
Not later than 2 years after submitting the preliminary report required under paragraph (1), the Secretary shall submit to Congress a final report that includes—
(A) a description of how the grant funding was used, including the number of individuals who received services under subsection (g)(3) and an evaluation of the effectiveness of the activities conducted by the grantee with respect to outcomes of the population of individuals with substance use disorder who receive services from the grantee; and
(B) recommendations related to best practices for health care professionals to support individuals in substance use disorder treatment or recovery to live independently and participate in the workforce.
(k) Authorization of appropriations
There is authorized to be appropriated $5,000,000 for each of fiscal years 2019 through 2023 for purposes of carrying out this section.
(Pub. L. 115–271, title VII, § 7183, Oct. 24, 2018, 132 Stat. 4070.)
heading: Codification
text: Section was enacted as part of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act, also known as the SUPPORT for Patients and Communities Act, and not as part of the Public Health Service Act which comprises this chapter.