II 118th CONGRESS 2d Session S. 4807 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.

1. Short title This Act may be cited as the Workforce Opportunities for Communities in Recovery Act . 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. . 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. . 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) .