Sec. 407. Addressing economic and workforce impacts of the opioid crisis

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Except as otherwise expressly provided, in this section: The term education provider means— an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); or a postsecondary vocational institution, as defined in section 102(c) of such Act ( 20 U.S.C. 1002(c) ). The term eligible entity means— a State workforce agency; a State board; an outlying area, as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); or a Tribal entity.

The terms local area , local board , and one-stop operator have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). The term local entity means a local board or one-stop operator. The term participating partnership means a partnership established under subsection (e)(1) by a local entity receiving a subgrant under subsection (d). The term program participant means an individual who— is a member of a population of workers described in subsection (e)(2) that is served by a participating partnership through the pilot program under this section; and enrolls with the applicable participating partnership to receive any of the services described in subsection (e)(3).

The term Secretary means the Secretary of Labor. The term State board has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). The term State workforce agency means the lead State agency with responsibility for the administration of a program under chapter 2 or 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3161 et seq., 3171 et seq.). The term substance use disorder means such a disorder within the meaning of title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq.).

The term supportive services has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). The term treatment provider — means a health care provider that offers services for treating substance use disorders and is licensed in accordance with applicable State law to provide such services; accepts health insurance for such services, including coverage under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.); and may include— a nonprofit provider of peer recovery support services, as defined by the State involved in regulation or guidance; a community health care provider; or a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x )).

The term Tribal entity includes any Indian tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as such terms are defined or used in section 166 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221 ). The Secretary, in consultation with the Secretary of Health and Human Services, shall carry out a pilot program to address economic and workforce impacts associated with a high rate of a substance use disorder.

In carrying out the pilot program, the Secretary shall make grants, on a competitive basis, to eligible entities to enable such entities to make subgrants to local boards and one-stop operators to address the economic and workforce impacts associated with a high rate of a substance use disorder. The Secretary shall make each such grant in an amount that is not less than $500,000, and not more than $5,000,000, for a fiscal year. An eligible entity applying for a grant under this section shall submit an application to the Secretary at such time and in such form and manner as the Secretary may reasonably require, including the information described in this subsection.

An eligible entity shall include in the application information that demonstrates significant impact on the community by problems related to opioid abuse or another substance use disorder, by— identifying the communities, regions, or local areas that will be served through the grant (each referred to in this section as a service area ); and showing, for each such service area, an increase equal to or greater than the national increase in such problems, between— 1999; and 2016 or the latest year for which data are available.

In making the showing described in subparagraph (A)(ii), the eligible entity may use information including data on— the incidence or prevalence of opioid abuse and other substance use disorders; the per capita drug overdose mortality rate, as determined by the Director of the Centers for Disease Control and Prevention; the rate of non-fatal hospitalizations related to opioid abuse or another substance use disorder; or the number of arrests or convictions, or a relevant law enforcement statistic, that reasonably shows an increase in opioid abuse or another substance use disorder.

The eligible entity shall also include in the application information describing how the proposed services and activities support the State’s strategy for addressing problems described in subparagraph

(A)in specific regions or across the State, outlaying area, or Tribal entity. An eligible entity shall include in the application information that demonstrates that a high rate of a substance use disorder has caused, or is coincident to, an economic or employment downturn in the service area. In making the demonstration described in subparagraph (A), the eligible entity may use information including— documentation of any layoff, announced future layoff, 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 overtly related to a high rate of a substance use disorder; documentation showing decreased economic activity related to, caused by, or contributing to a high rate of a substance use disorder, including a description of how the service area has been impacted, or will be impacted, by such a decrease; in particular, information on economic indicators, labor market analyses, information from public announcements, and demographic and industry data; information on rapid response activities (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )) that have been or will be conducted, including demographic data gathered by employer or worker surveys or through other methods; data or documentation, beyond anecdotal evidence, showing that employers face challenges filling job vacancies due to a lack of skilled workers able to pass a drug test; or any additional relevant data or information on the economy, workforce, or another aspect of the service area to support the application. An eligible entity may include in the application a demonstration of the workforce shortage in a professional area to be addressed under the grant. Such professional areas may include— substance use disorder treatment and related services; non-opioid pain therapy and pain management services; or mental health care treatment services. An eligible entity demonstrating a workforce shortage under subparagraph

(A)shall demonstrate the workforce shortage through information that may include— the distance between— communities affected by opioid abuse or another substance use disorder; and facilities or professionals offering services in the professional area; the maximum capacity of facilities or professionals to serve individuals in an affected community, or increases in arrests related to opioid abuse or another substance use disorder, overdose deaths, or nonfatal overdose emergencies in the community; or other information that can demonstrate such a shortage. An eligible entity receiving a grant under subsection (b)— may use not more than 5 percent of the grant funds for the administrative costs of carrying out the grant; and shall use the remaining grant funds to make subgrants to local entities in the area served by the eligible entity to carry out the services and activities described in subsection (e). In making subgrants under this subsection, an eligible entity shall ensure, to the extent practicable, the equitable geographic distribution (such as urban and rural distribution) of areas receiving subgrant funds. A local entity desiring to receive a subgrant under this subsection shall submit an application at such time and in such and manner as the eligible entity may reasonably require, including the information described in this paragraph. Each application described in subparagraph

(A)shall include an analysis of the estimated performance of the local entity in carrying out the proposed services and activities under the subgrant that— uses primary indicators of performance described in section 116(c)(1)(A)(i) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(c)(1)(A)(i) ), to assess estimated effectiveness of the proposed services and activities, including the estimated number of individuals with a substance use disorder who may be served by the proposed services and activities; analyzes the record of the local entity in serving individuals with a barrier to employment; and analyzes the ability of the local entity to establish the partnership described in subsection (e)(1). The analysis described in subparagraph

(B)may include or utilize— data from the National Center for Health Statistics of the Centers for Disease Control and Prevention; data from the Center for Behavioral Health Statistics and Quality of the Substance Abuse and Mental Health Services Administration; State vital statistics; municipal police department records; reports from local coroners; or other relevant data. Each local entity that receives a subgrant under subsection

(d)shall form a partnership, established through a written contract or other agreement, with members described in subparagraph (B), and shall carry out the services and activities described in this subsection through the partnership. A partnership described in subparagraph

(A)shall include 1 or more of the following: The eligible entity. A treatment provider. An employer or industry organization. An education provider. A justice or law enforcement organization. A faith-based or community-based organization. Other State or local agencies. Other organizations, as determined to be necessary by the local entity. A participating partnership shall elect to provide services and activities under the subgrant to one or both of the following populations of workers: Workers, including dislocated workers, new entrants in the workforce, or incumbent workers (employed or underemployed), who are directly or indirectly affected by a high rate of a substance use disorder and each of whom is— an individual who voluntarily confirms that the individual, or a friend or family member of the individual, has a history of opioid abuse or another substance use disorder; or an individual who works or resides in a community substantially impacted by a high rate of a substance use disorder or can otherwise demonstrate job loss as a result of a high rate of a substance use disorder. Workers, including dislocated workers, new entrants in the workforce, or incumbent workers (employed or underemployed), who— seek to transition to professions that support individuals struggling with a substance use disorder or at risk for developing such disorder, such as professions that provide— substance use disorder treatment and related services; peer recovery support services described in subsection (a)(12)(C)(i); non-opioid pain therapy and pain management services; or mental health care; and need new or upgraded skills to better serve such a population of struggling or at-risk individuals. Each participating partnership shall use funds available through a subgrant under this subsection to carry out 1 or more of the following: Engaging with employers to— learn about the skill and hiring requirements of employers; 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; connect employers and workers to on-the-job or customized training programs before or after layoff to help facilitate reemployment; connect employers with an education provider to develop classroom instruction to complement on-the-job learning for program participants and such individuals; help employers develop the curriculum design of a work-based learning program for program participants and such individuals; or help employers employ program participants or such individuals engaging in a work-based learning 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. Providing screening services, which may include— using an evidence-based screening method to screen each individual seeking participation in the pilot program to determine whether the individual has a substance use disorder; conducting an assessment of each such individual to determine the services needed for such individual to obtain or retain employment, including an assessment of strengths and general work readiness; and accepting walk-ins or referrals from employers, labor organizations, or other entities recommending individuals to participate in such program. Developing an individual treatment and employment plan for each program participant, which shall include providing a case manager to work with each participant to develop the plan, which may include— identifying employment and career goals; exploring career pathways that lead to in-demand industries and sectors as determined by the State board and the head of the State workforce agency; setting appropriate achievement objectives to attain the employment and career goals identified under clause (i); or developing the appropriate combination of services to enable the participant to achieve the employment and career goals. In the case of a participating partnership serving program participants described in paragraph (2)(A)(i) with a substance use disorder, providing individualized and group outpatient treatment and recovery services for such program participants that are offered during the day and evening, and on weekends. Such treatment and recovery services— shall be based on a model that utilizes combined behavioral interventions and other evidence-based or evidence-informed interventions; and may include additional services such as— health, mental health, addiction, or other forms of outpatient treatment that may impact a substance use disorder and co-occurring conditions; drug testing for a current substance use disorder prior to enrollment in career or training services or prior to employment; linkages to community services, including services offered by partner organizations designed to support program participants; and referrals to health care, including referrals to substance use disorder treatment and mental health services. Providing supportive services, which shall include services such as— coordinated wraparound services to provide maximum support for program participants to ensure that the program participants maintain employment and recovery for not less than 12 months, as appropriate; assistance in establishing eligibility for assistance under Federal, State, and local programs providing health services, mental health services, housing services, transportation services, or social services; peer recovery support services described in subsection (a)(12)(C)(i); networking and mentorship opportunities; or any supportive services determined necessary by the local entity. Offering career services and training services, and related services, concurrently or sequentially with the services provided under subparagraphs

(B)through (E). Such services shall include the following: Services provided to program participants who are in a pre-employment stage of the program. Such services may include— initial education and skills assessments; traditional classroom training funded through individual training accounts under chapter 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3171 et seq.); services to promote employability skills such as punctuality, personal maintenance skills, and professional conduct; in-depth interviewing and evaluation to identify employment barriers and to develop individual employment plans; career planning that includes— career pathways leading to in-demand, high-wage jobs; and job coaching, job matching, and job placement services; provision of payments and fees for employment and training-related applications, tests, and certifications; or any other appropriate career service or training service described in section 134(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c) ). Services provided to program participants during their first 6 months of employment to ensure job retention, which may include— case management and support services, including a continuation of the services described in clause (i); a continuation of skills training, and career and technical education, described in clause

(i)that is conducted in collaboration with the employers of such participants; mentorship services and job retention support for such participants; or targeted training for managers and workers working with such participants (such as mentors), and human resource representatives in the business in which such participants are employed. Services to assist program participants in maintaining employment for not less than 12 months, as appropriate. 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. A participating partnership may not use— more than 5 percent of the funds received under a subgrant under subsection

(d)for the administrative costs of the partnership; more than 10 percent of the funds received under such subgrant for the provision of treatment and recovery services, as described in paragraph (3)(D); or more than 10 percent of the funds received under such subgrant for the provision of supportive services described in paragraph (3)(E) to program participants. The Secretary shall establish quarterly reporting requirements for recipients of grants and subgrants under this section that, to the extent practicable, are based on the performance accountability system under section 116 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141 ), including the indicators described in subsection (c)(1)(A)(i) of such section and the requirements for local area performance reports under subsection

(d)of such section. The Secretary shall ensure that an independent evaluation is conducted on the pilot program carried out under this section to determine the impact of the program on employment of individuals with substance use disorders. The Secretary shall enter into an agreement with eligible entities receiving grants under this section to pay for all or part of such evaluation. The independent evaluation required under this paragraph 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. In this subsection, the term covered fiscal year means any of fiscal years 2018 through 2023. Subject to paragraph

(4)and notwithstanding section 132(a)(2)(A) and subtitle D of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3172(a)(2)(A) , 3221 et seq.) or any other provision of law, the Secretary may use, to carry out the pilot program under this section for a covered fiscal year— funds made available to carry out section 170 of such Act ( 29 U.S.C. 3225 ) for that fiscal year; funds made available to carry out section 170 of such Act that remain available for that fiscal year; and funds that remain available under section 172(f) of such Act ( 29 U.S.C. 3227(f) ). Funds appropriated under section 136(c) of such Act ( 29 U.S.C. 3181(c) ) and made available to carry out section 170 of such Act for a fiscal year shall remain available for use under paragraph

(2)for a subsequent fiscal year until expended. The Secretary may not use more than $100,000,000 of the funds described in paragraph

(2)for any covered fiscal year under this section.

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