Sec. 4. Substance use disorder transition activities

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 133(a)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3173(a)(1) ) is amended— by striking The Governor and inserting the following: The Governor ; and by adding at the end the following: Of the funds reserved as required under section 128(a)(1) and subparagraph (A), the Governor of a State with an application approved under section 134(a)(4) may reserve a sum of not more than 5 percent of each of the amounts allotted to the State under paragraphs (1)(B) and (2)(B) of section 132(b) for a fiscal year for substance use disorder transition activities described in section 134(a)(4).

Notwithstanding sections 128(a)(2), 129(b), and 134(a), the Governor may not use an amount allotted under section 127(b)(1)(C) for those activities. The Governor of a State with such an approved application may reserve funds as described in section 110(e) of the Rehabilitation Act of 1973 ( 29 U.S.C. 730(e) ) for substance use disorder transition activities described in section 134(a)(4). . Section 134(a)(1) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(a)(1) ) is amended— in subparagraph (A), by striking and at the end; in subparagraph (B), in the matter following clause (ii), by striking the period and inserting ; and ; and by adding at the end the following: as described in section 133(a)(1)(B), may be used for substance use disorder transition activities as described in paragraph (4), regardless of whether the funds were allotted to the State under paragraph

(1)or

(2)of section 132(b). . Section 134(a) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(a) ) is amended by adding at the end the following: In this paragraph: The term appropriate Secretary means— except as provided in subclause (II), the Secretary of Labor; or if the application involves funds reserved under section 110(e) of the Rehabilitation Act of 1973 ( 29 U.S.C. 730(e) ), the Secretary of Labor and the Secretary of Education. The term substance use disorder means such a disorder within the meaning of the term in title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq.). The term substance use disorder transition activities means activities authorized under subparagraph

(D)or (E). To be eligible to use the funds reserved under clause

(i)or

(ii)of section 133(a)(1)(B) for substance use disorder transition activities described in this paragraph, a State shall— submit to the appropriate Secretary an application seeking flexibility to use the reserved funds for such activities, and submit the application at such time, in such manner, and containing such information as the appropriate Secretary may require, including an assurance that the State will award subgrants to entities on the basis of the ability of the entities to provide the substance use disorder transition activities involved, including any programs that the entities propose to provide that lead to recognized postsecondary credentials; and obtain approval of the application. An eligible State may use the funds reserved under clause

(i)or

(ii)of section 133(a)(1)(B) to make subgrants to one-stop operators and nonprofit organizations, to provide services under subparagraph

(D)and (at the election of the State) subparagraph (E). An entity that receives a subgrant under subparagraph

(C)shall use the subgrant funds to assist individuals in recovery from a substance use disorder in transitioning to the workforce, by providing career services (such as the services described in section 134(c)(2)) and related services, which may include one or more of— providing ongoing career counseling, both before and after job placement, with a focus on individual employment preferences while weighing the skill needs of industries in the local area; promoting systemic job development, by facilitating voluntary programs and relationships between participants and local employers to create potential employment opportunities; providing benefits counseling— to ensure participants receive accurate information regarding how employment will affect access to various Federal programs, such as the Medicaid program established under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) and the supplemental security income program established under title XVI of that Act ( 42 U.S.C. 1381 et seq.); and to advise participants on ways to transition away from the programs described in subclause

(I)through maintaining employment; creating voluntary programs with employers to establish a work and treatment arrangement, such as an Employee Assistance Program, for employees in recovery from a substance use disorder; providing educational materials or training to employers to enable the employers to inform their employees of the resources, such as treatment options for a substance use disorder, that are available to them; and any other career services that are determined to be necessary by the appropriate Secretary and that would assist individuals in recovery from a substance use disorder in transitioning to the workforce. An entity that receives a subgrant under subparagraph

(C)shall (at the election of the State) use the subgrant funds to assist individuals in recovery from a substance use disorder in transitioning to the workforce, by providing training services. . Section 181 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3241 ) is amended— by redesignating subsection

(g)as subsection (h); and by inserting after subsection

(f)the following: Subject to paragraph (2), an employer that employs, or considers for employment, any individual who receives services under this section or under section 320B of the Public Health Service Act shall have an absolute defense to any claim (including a charge) of unlawful discrimination on the basis of disability under a covered law, that alleges that the employer discriminated against that individual (which may include refusing to hire or terminating the employment of the individual) based on alcohol addiction or past substance use disorder for which the individual receives such services. Nothing in paragraph

(1)shall be construed to eliminate the duty of the employer, to an employee who is an individual who receives such services, to provide a reasonable accommodation for an alcohol disorder, or a past substance use disorder, that is a disability under a covered law. In this subsection: The term covered law means title I of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 et seq.), title V of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 et seq.), or a State law (including local law), that prohibits discrimination on the basis of disability in employment. The term substance use disorder means such a disorder within the meaning of the term in title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq.). . Section 110 of the Rehabilitation Act of 1973 ( 29 U.S.C. 730 ) is amended by adding at the end the following: In the case of a transition State, from any State allotment under subsection

(a)for a fiscal year, the State may reserve not more than 5 percent of the allotted funds for substance use disorder transition activities described in section 134(a)(4) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(a)(4) ). In this section, the term transition State means a State with an application approved under section 134(a)(4) of the Workforce Innovation and Opportunity Act. .

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