29 U.S.C. § 3225a: Addressing economic and workforce impacts of the opioid crisis

The terms “core program”, “individual with a barrier to employment”, “local area”, “local board”, “one-stop operator”, “outlying area”, “State”, “State board”, and “supportive services” have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). an institution of higher education, as defined in section 1001 of title 20 ; or a postsecondary vocational institution, as defined in section 1002(c) of title 20 . a State workforce agency; an outlying area; or a Tribal entity. evidenced by a written contract or agreement; and The eligible entity. A treatment provider. An employer or industry organization. An education provider. A legal service or law enforcement organization. A faith-based or community-based organization. Other State or local agencies, including counties or local governments. Other organizations, as determined to be necessary by the local board. Indian Tribes or tribal organizations. 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 “provider of peer recovery support services” means a provider that delivers peer recovery support services through an organization described in section 290ee–2(a) of title 42 . The term “Secretary” means the Secretary of Labor. 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” has the meaning given such term by the Assistant Secretary for Mental Health and Substance Use. offers services for treating substance use disorders and is licensed in accordance with applicable State law to provide such services; and accepts health insurance for such services, including coverage under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.); and a nonprofit provider of peer recovery support services; a community health care provider; a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x )); an Indian health program (as defined in section 3 1 of the Indian Health Care Improvement Act ( 1 See References in Text note below. 25 U.S.C. 1603 )), including an Indian health program that serves an urban center (as defined in such section); and a Native Hawaiian health center (as defined in section 11711 of title 42 ). 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 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. identifying the counties, communities, regions, or local areas that have been significantly impacted and will be served through the grant (each referred to in this section as a “service area”); and 1999; and 2016 or the latest year for which data are available; and a description of how the eligible entity will prioritize support for significantly impacted service areas described in clause (i)(I). the incidence or prevalence of opioid abuse and other substance use disorders; the age-adjusted rate of drug overdose deaths, as determined by the Director of the Centers for Disease Control and Prevention; the rate of non-fatal hospitalizations related to opioid abuse or other substance use disorders; 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; or in the case of an eligible entity described in subsection (a)(3)(C), other alternative relevant data as determined appropriate by the Secretary. The eligible entity may include in the application information describing how the proposed services and activities are aligned with the State, outlying area, or Tribal strategy, as applicable, for addressing problems described in subparagraph (A) in specific service areas or across the State, outlying area, or Tribal land. an economic or employment downturn in the service area; or persistent economically depressed conditions in such service area. 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; 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. may use not more than 5 percent of the grant funds for the administrative costs of carrying out the grant; in the case of an eligible entity described in subparagraph (A) or (B) of subsection (a)(3), shall use the remaining grant funds to make subgrants to local entities in the service area to carry out the services and activities described in subsection (e); and in the case of an eligible entity described in subsection (a)(3)(C), shall use the remaining grant funds to carry out the services and activities described in subsection (e). geography (such as urban and rural distribution); and significantly impacted service areas as described in subsection (c)(2). the date that is 90 days after the date on which the Secretary makes the funds available to the eligible entity; or the date that is 15 days after the date that the eligible entity makes the subgrant under subparagraph (A)(ii). A local board desiring to receive a subgrant under this subsection from an eligible entity shall submit an application at such time and in such manner as the eligible entity may reasonably require, including the information described in this paragraph. 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) , 2 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; 2 So in original. Another closing parenthesis probably should precede the comma. the record of the local board in serving individuals with a barrier to employment; and the ability of the local board to establish a participating partnership; and 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; and communities affected by opioid abuse or another substance use disorder; and facilities or professionals offering services in the professional area; or the maximum capacity of facilities or professionals to serve individuals in an affected community, or increases in arrests related to opioid or another substance use disorder, overdose deaths, or nonfatal overdose emergencies in the community. Each local board that receives a subgrant under subsection (d) shall carry out the services and activities described in this subsection through a participating partnership. is directly or indirectly affected by a high rate of a substance use disorder; and voluntarily confirms that the worker, or a friend or family member of the worker, has a history of opioid abuse or another substance use disorder. substance use disorder treatment and related services; services offered through providers of peer recovery support services; non-addictive pain therapy and pain management services; emergency response services; or mental health care; and need new or upgraded skills to better serve such a population of struggling or at-risk individuals. 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; 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; or connect employers to program participants receiving concurrent outpatient treatment and job training services. 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; or accepting walk-ins or referrals from employers, labor organizations, or other entities recommending individuals to participate in such program. in coordination, as appropriate, with other programs serving the participant such as the core programs within the workforce development system under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq.); and 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 or, as applicable, the Tribal entity; setting appropriate achievement objectives to attain the employment and career goals identified under subclause (I); or developing the appropriate combination of services to enable the participant to achieve the employment and career goals identified under subclause (I). shall be based on a model that utilizes combined behavioral interventions and other evidence-based or evidence-informed interventions; and 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; or referrals to health care, including referrals to substance use disorder treatment and mental health services. coordinated wraparound services to provide maximum support for program participants to assist the program participants in maintaining employment and recovery for not less than 12 months, as appropriate; assistance in establishing eligibility for assistance under Federal, State, Tribal, and local programs providing health services, mental health services, vocational services, housing services, transportation services, social services, or services through early childhood education programs (as defined in section 1003 of title 20 ); services offered through providers of peer recovery support services; networking and mentorship opportunities; or any supportive services determined necessary by the local board. 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 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) ). 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. more than 10 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); and 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 ) and, in the case of a grant awarded to an eligible entity described in subsection (a)(3)(C), section 166(h) of such Act ( 29 U.S.C. 3221(h) ), including the indicators described in subsection (c)(1)(A)(i) of such section 116 and the requirements for local area performance reports under subsection (d) of such section 116. 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 2019 through 2030. 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.