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                                                       PRINTER'S NO. 866

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 808 Session of 1999


        INTRODUCED BY BEBKO-JONES, CURRY, BARD, YEWCIC, MANN, SCRIMENTI,
           STURLA, M. COHEN, WALKO, LEDERER, BISHOP, SHANER, LEVDANSKY,
           SAINATO, WASHINGTON, VAN HORNE, KIRKLAND, BROWNE, CIVERA,
           PETRONE, TRELLO, HALUSKA, JOSEPHS, DeWEESE, L. I. COHEN,
           ROBINSON, GRUITZA, RAMOS, MELIO, STABACK, MICHLOVIC,
           J. TAYLOR, VEON, HORSEY, STEELMAN, FRANKEL, YOUNGBLOOD,
           WILLIAMS, BELARDI, THOMAS, OLIVER, MYERS, MUNDY, READSHAW,
           ORIE, CAPPABIANCA, PETRARCA, WOJNAROSKI, BUXTON, TANGRETTI,
           MANDERINO, DALEY, TRICH, CARN, DERMODY, LAUGHLIN, ROEBUCK,
           RUFFING AND PRESTON, MARCH 10, 1999

        REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
           MARCH 10, 1999

                                     AN ACT

     1  Establishing the Job Opportunities in Basic Services (JOBS)
     2     Program; and providing for duties of Secretary of Public
     3     Welfare, for eligibility for program, for compensation, for
     4     supervisors, for prohibited activities, for annual report,
     5     for local JOBS Program incubator, for regulations, for
     6     expenditure of funds and for funding.

     7                         TABLE OF CONTENTS
     8  Section 1.  Short title.
     9  Section 2.  Declaration of policy.
    10  Section 3.  Definitions.
    11  Section 4.  JOBS Program established.
    12  Section 5.  Duties of secretary.
    13  Section 6.  JOBS projects.
    14  Section 7.  Eligibility for program.
    15  Section 8.  Compensation.


     1  Section 9.  Supervisors.
     2  Section 10.  Prohibited activities.
     3  Section 11.  Annual report.
     4  Section 12.  Local JOBS Program incubator.
     5  Section 13.  Regulations.
     6  Section 14.  Expenditure of funds.
     7  Section 15.  Funding.
     8  Section 16.  Effective date.
     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11  Section 1.  Short title.
    12     This act shall be known and may be cited as the JOBS Program
    13  Act.
    14  Section 2.  Declaration of policy.
    15     (a)  Findings.--The General Assembly finds and declares as
    16  follows:
    17         (1)  In the aftermath of welfare reform thousands of new
    18     jobs will be needed in this Commonwealth in order to absorb
    19     those who will be required to work or lose welfare benefits.
    20         (2)  Pennsylvania has lost 381,000 manufacturing jobs
    21     since 1980. As a result, in many areas of this Commonwealth
    22     there is a severe shortage of entry-level positions relative
    23     to the number of people seeking work.
    24         (3)  Pennsylvanians have the work ethic and ability to
    25     make Pennsylvania a national leader, a global competitor and
    26     a job creator.
    27         (4)  Work force development is a process of education,
    28     training, and development activities for increasing the
    29     skills and knowledge of individuals so they can maximize
    30     their employment opportunities, participate in productive
    19990H0808B0866                  - 2 -

     1     work, and achieve their career potential.
     2         (5)  At the same time that many new entrants to the job
     3     market will be seeking employment, many of this
     4     Commonwealth's economically depressed communities are in need
     5     of the labor that these job seekers can provide. Thus,
     6     employment in public service activities can simultaneously
     7     represent an investment both in human capital and in the
     8     vitality of local communities.
     9         (6)  Many of those who will need to make the transition
    10     from welfare to work face serious barriers to successful
    11     employment, including lack of education, work experience,
    12     affordable child care and transportation.
    13         (7)  The most successful welfare-to-work programs have
    14     been those which combine real work experience with education
    15     and training assistance that is appropriate for the
    16     particular individual and is focused on developing job-
    17     relevant skills.
    18         (8)  All sectors of the community, both in the private
    19     and the public sector, have a responsibility to ensure that
    20     those individuals attempting to leave the welfare rolls have
    21     the opportunity to enter into the work force and to establish
    22     economic independence.
    23         (9)  Welfare reform presents potential risks to existing
    24     workers who face new competition from new job seekers leaving
    25     welfare. These workers need protection to ensure that welfare
    26     reform induces the creation of new jobs rather than
    27     displacement of existing workers.
    28     (b)  Purpose.--It is the purpose of this act:
    29         (1)  To establish and operate a program of temporary,
    30     public service employment as a transition to permanent
    19990H0808B0866                  - 3 -

     1     employment in the private and public sector by entering into
     2     performance-based contracts with State agencies,
     3     municipalities, and community-based agencies to assist them
     4     to create appropriate work opportunities and to enable
     5     participants to make the transition from subsidized to
     6     unsubsidized employment.
     7         (2)  To create 10,000 real jobs as an alternative to
     8     welfare or workfare.
     9         (3)  To target such job creation to rural, suburban and
    10     urban regions of this Commonwealth that are suffering from
    11     shortages in entry-level jobs and to direct this employment
    12     to the purpose of providing public service to communities and
    13     individuals in need.
    14         (4)  To address barriers to employment through effective
    15     assessment and appropriate support services, training and
    16     case management.
    17         (5)  To protect existing workers from being displaced by
    18     the jobs created by this act.
    19  Section 3.  Definitions.
    20     The following words and phrases when used in this act shall
    21  have the meanings given to them in this section unless the
    22  context clearly indicates otherwise:
    23     "Bona fide job opportunity."  A job with:
    24         (1)  clearly defined work responsibilities;
    25         (2)  wages paid pursuant to the requirements of section
    26     8;
    27         (3)  clearly defined reporting responsibilities;
    28         (4)  orientation and training necessary to effectively
    29     perform the assigned work responsibilities;
    30         (5)  effective supervision by supervisors who have
    19990H0808B0866                  - 4 -

     1     received orientation as to the supervisory needs of JOBS
     2     program participants and guidance in the performance of the
     3     work involved; and
     4         (6)  orientation as to advancement opportunities that are
     5     available with the JOBS project employer, and in the type of
     6     work in which the individual is involved, and information on
     7     how to qualify for and apply for such opportunities.
     8     "Case management."  The provision of client-centered services
     9  to participants to help them to succeed in the program. Such
    10  assistance could include, for example, job or career counseling
    11  or assistance in arranging appropriate training or child care.
    12     "Community-based agency."  A private, nonprofit organization
    13  that is representative of a community or a significant segment
    14  of a community that is engaged in meeting human, educational or
    15  environmental community needs. The term includes community
    16  development corporations, neighborhood groups and organizations,
    17  union-related organizations and employer-related nonprofit
    18  organizations, organizations operating career intern or literacy
    19  programs, educational or religious institutions and other
    20  nonprofit organizations.
    21     "Department."  The Department of Public Welfare of the
    22  Commonwealth.
    23     "JOBS Program" or "program."  The Job Opportunities in Basic
    24  Services Program established under this act.
    25     "JOBS projects."  Projects which involve either:
    26         (1)  The direct delivery of services to individual
    27     children, elderly persons, persons with physical and
    28     developmental disabilities or persons with low incomes, for
    29     example, staffing soup kitchens, food cupboards, and meals-
    30     on-wheels programs; providing companionship to the elderly,
    19990H0808B0866                  - 5 -

     1     the institutionalized and the homebound and day care or
     2     working in recreation programs.
     3         (2)  The promotion of neighborhood or community well-
     4     being, for example, crime prevention, working in Neighborhood
     5     Townwatch programs, removing graffiti or rehabilitating,
     6     cleaning and sealing abandoned houses.
     7         (3)  The conservation, improvement or development of
     8     natural resources or the enhancement, preservation or
     9     maintenance of public lands, water or facilities, for
    10     example, cleaning streams, playgrounds, neighborhoods and
    11     roadways and improving State parks and hiking trails.
    12         (4)  Relief or reconstruction activities in the case of
    13     emergencies or natural disasters.
    14         (5)  Other projects serving the public interest.
    15     "Municipality."  Any political subdivision or municipal or
    16  local authority located within this Commonwealth.
    17     "Participant."  An individual who has been determined to be
    18  eligible to participate in and who has commenced a work
    19  assignment.
    20     "Secretary."  The Secretary of Public Welfare of the
    21  Commonwealth.
    22     "State agencies."  A department, departmental administrative
    23  board or commission, independent board or commission, agency or
    24  other authority of the Commonwealth now existing or created. The
    25  term includes the Senate, the House of Representatives and all
    26  courts.
    27  Section 4.  JOBS Program established.
    28     There is hereby established within the Department of Public
    29  Welfare the Job Opportunities in Basic Services (JOBS) Program.
    30  Section 5.  Duties of secretary.
    19990H0808B0866                  - 6 -

     1     The secretary shall:
     2         (1)  Appoint a director who shall act as the
     3     administrative officer of the program. The director shall
     4     employ staff necessary to implement the provisions of this
     5     act.
     6         (2)  Review proposed JOBS projects submitted to the
     7     department by State agencies, municipalities or community-
     8     based agencies and approve projects that meet the
     9     requirements of this act.
    10         (3)  Execute performance-based contracts or cooperative
    11     agreements with those State agencies, municipalities or
    12     community-based agencies that have had JOBS projects approved
    13     containing any terms and conditions deemed necessary and
    14     desirable for the provision of services to participants, such
    15     as enrollment, ability assessment, education and training,
    16     case management and job readiness, search and placement.
    17         (4)  Authorize utilization of the program for approved
    18     JOBS projects in urban, suburban and rural areas as necessary
    19     to carry out the provisions of this act.
    20         (5)  Authorize utilization of the program for emergency
    21     projects within or outside this Commonwealth which shall
    22     include, but not be limited to, natural disasters, fire
    23     prevention and suppression and rescue of lost or injured
    24     persons. Participation in emergency projects shall be
    25     voluntary. Program participants shall receive adequate
    26     training prior to participating in an emergency project.
    27         (6)  Apply for and accept grants or contributions of
    28     funds from any public or private source, including the
    29     acceptance of Federal funds appropriated by the General
    30     Assembly.
    19990H0808B0866                  - 7 -

     1         (7)  Purchase, rent or otherwise acquire or obtain
     2     personal property, supplies, instruments, tools, equipment or
     3     conveniences necessary to complete JOBS projects or provide
     4     training for program participants.
     5         (8)  Develop program guidelines or regulations as it
     6     deems necessary to fairly and effectively administer this
     7     act.
     8  Section 6.  JOBS projects.
     9     (a)  Job requirements.--
    10         (1)  The secretary shall ensure that each program
    11     participant receives a bona fide job opportunity that is
    12     comparable to full-time employment in the public or private
    13     sector.
    14         (2)  The secretary shall ensure that each participant
    15     receives an assessment of their employability skills and
    16     abilities, including educational needs and prior work
    17     experience, as well as the participant's needs regarding
    18     child care and other supportive services. On the basis of
    19     this assessment, and in consultation with the participant,
    20     the participant shall be assigned to a JOBS project and shall
    21     receive appropriate training and supportive services that are
    22     designed to enable the participant to succeed in the program
    23     and to assist the participant in developing new skills and
    24     abilities.
    25         (3)  The secretary shall ensure that each participant
    26     receives adequate and appropriate supervision; case
    27     management; job search, readiness and placement assistance.
    28         (4)  The secretary shall establish a grievance procedure
    29     for participants and for workers claiming to have been
    30     displaced by participants.
    19990H0808B0866                  - 8 -

     1     (b)  Project criteria.--The secretary shall establish
     2  criteria for JOBS projects so as to ensure that all participants
     3  are engaged in activities that provide a valuable work
     4  experience to the participant and produce a demonstrable public
     5  benefit. The secretary shall seek and entertain proposals from
     6  State agencies, municipalities or community-based agencies to
     7  operate JOBS projects. JOBS projects shall be undertaken in
     8  eligible urban, suburban and rural areas, in accordance with
     9  subsection (c), and shall be selected on the basis of the
    10  secretary's criteria.
    11     (c)  Geographic location of projects.--
    12         (1)  JOBS projects may be undertaken in any area of this
    13     Commonwealth. Project slots shall be distributed among such
    14     areas in proportion to county or regional statistics for
    15     welfare caseloads, unemployment and poverty.
    16         (2)  The secretary shall to the extent possible assign
    17     participants to projects that are within reasonable commuting
    18     distance from participants' place of residence.
    19     (d)  Coordinated services.--Whenever available and
    20  appropriate, adult education, job training and placement
    21  services provided through other Federal, State and local-funded
    22  programs such as the Job Training Partnership Act Program, the
    23  Community Services Block Grant and the Job Centers shall be
    24  coordinated with projects developed under this act to assist
    25  eligible participants. Coordinated services may include, but are
    26  not limited to, job placement assistance, adult literacy
    27  training, job search skills, job application skills and ability
    28  assessments. Whenever possible, eligible participants without a
    29  high school diploma shall receive coordinated services that
    30  provide an opportunity to obtain an equivalent high school
    19990H0808B0866                  - 9 -

     1  diploma.
     2     (e)  Labor standards.--
     3         (1)  Health and safety standards established under law,
     4     otherwise applicable to working conditions of employees,
     5     shall be equally applicable to working conditions of
     6     participants. With respect to any participant who is engaged
     7     in activities not covered under the Occupational Safety and
     8     Health Act of 1970 (Public Law 91-596, 29 U.S.C. § 651 et
     9     seq.) the participant shall not be required or permitted to
    10     work, be trained, or receive services in buildings or
    11     surroundings or under working conditions which are
    12     unsanitary, hazardous or dangerous to the participant's
    13     health or safety.
    14         (2)  Workers' compensation benefits shall be available
    15     with respect to injuries suffered by participants under the
    16     same standards applicable to other public and private
    17     employees in this Commonwealth.
    18         (3)  No work assignment under this program shall result
    19     in:
    20             (i)  displacement of a currently employed worker,
    21         including partial displacement such as a reduction in the
    22         hours of nonovertime work, wages or employment benefits,
    23         or the filling of a vacant, established position;
    24             (ii)  assignment of a participant to a position when
    25         another individual is on layoff from the same or an
    26         equivalent position, when the employer has terminated the
    27         employment of a regular employee or otherwise reduced its
    28         work force with the effect of filling the vacancy so
    29         created with a participant or without the prior approval
    30         of the applicable labor union at a worksite employing
    19990H0808B0866                 - 10 -

     1         union workers;
     2             (iii)  infringement of the promotional opportunities
     3         of a currently employed individual; or
     4             (iv)  replacement of a striker or lockout worker.
     5  Section 7.  Eligibility for program.
     6     (a)  Criteria.--Persons participating in the JOBS Program
     7  shall be men and women who are:
     8         (1)  Eighteen years of age or older.
     9         (2)  Residents of this Commonwealth.
    10         (3)  Registered with the local Job Center for employment.
    11         (4)  Physically and mentally capable of performing work.
    12         (5)  Able to provide assurance that they did not leave
    13     school for the purpose of participating in the program.
    14         (6)  Receiving general assistance, Temporary Assistance
    15     for Needy Families (TANF) or other public assistance
    16     benefits. Persons whose public assistance benefits were
    17     eliminated as a result of the amendatory act of June 16, 1994
    18     (P.L.319, No.49), the amendatory act of June 30, 1995
    19     (P.L.129, No.20) and the amendatory act of May 16, 1996
    20     (P.L.175, No.35) or the Personal Responsibility and Work
    21     Opportunity Reconciliation Act of 1996 (Public Law 104-193,
    22     110 Stat. 2105) are also deemed to meet the eligibility
    23     criteria of this paragraph; or individuals without any
    24     income.
    25     (b)   Enrollment of participants.--The secretary shall
    26  establish a system of referrals of potential applicants from
    27  county assistance offices, job centers, private industry
    28  councils, schools, municipalities and community-based agencies.
    29  The secretary shall develop standards for classifying applicants
    30  into various levels of eligibility based on individual skill and
    19990H0808B0866                 - 11 -

     1  abilities, on the readiness, willingness and availability to
     2  work, and on job availability measures. Not less than 60% of the
     3  enrolled participants shall be individuals who are:
     4         (1)  basic skills deficient;
     5         (2)  lacking in a high school or equivalency diploma; or
     6         (3)  without significant prior work experience.
     7  Section 8.  Compensation.
     8     (a)  Term of enrollment.--Program participants shall be paid
     9  the wages provided in subsection (b) beginning on the day their
    10  work commences and continuing throughout their enrollment in the
    11  program. Unless the participant obtains employment or leaves the
    12  program for another reason, enrollment shall be for a period of
    13  18 months. Participants shall receive appropriate counseling and
    14  job placement assistance prior to the end of their enrollment
    15  and shall, in accordance with rules established by the
    16  secretary, receive paid leave for the purpose of interviewing
    17  for jobs. With the approval of an individual participant, the
    18  secretary may refer a participant who successfully completes the
    19  program to private or public sector employers.
    20     (b)  Minimum wage.--Program participants shall receive an
    21  hourly wage no less than 65% of the United States Department of
    22  Labor Lower Living Standard Income Level (LLSIL) for a family of
    23  three, as updated annually, most recently at 63 Federal Register
    24  25086 (May 6, 1998) and established for Pennsylvania
    25  metropolitan and nonmetropolitan areas, but no less than $7 per
    26  hour. In the event the prevailing wage at a worksite for an
    27  employee performing the same job duties as a program participant
    28  is greater than the applicable LLSIL, the employer shall pay the
    29  program participant the wage difference. At the end of nine
    30  months of employment in the JOBS program, participants shall
    19990H0808B0866                 - 12 -

     1  receive a 10% increase in salary.
     2     (c)  Benefits.--Program participants shall be entitled to the
     3  same paid holidays as other employees at their worksite.
     4  Otherwise, they shall be entitled to paid Commonwealth holidays.
     5  Program participants who obtain other employment prior to
     6  completing their maximum enrollment in the program shall receive
     7  a $500 empowerment credit which may be used only for the
     8  purposes of continuing education and training, child care, car
     9  expenses and other purposes directly related to maintaining
    10  employment.
    11     (d)  Work hours.--Program participants shall be scheduled to
    12  work the standard work hours of the State agency, municipality
    13  or community-based agency where they are assigned, but in no
    14  instance shall participants be scheduled to work more than 40
    15  hours per week. Participants may request and shall be excused as
    16  necessary for a minimum of six and a maximum of 12 hours per
    17  week from scheduled work hours to participate in adult
    18  education, job training and job readiness or placement services,
    19  in accordance with the participant's assessment provided that
    20  the participant must work at least 28 hours per week.
    21  Participants shall be compensated as set forth in subsection (b)
    22  while engaged in such adult education, job training or job
    23  readiness or placement services. During the last month of a
    24  participant's enrollment in the program, release time for
    25  education or training may be used for job search.
    26     (e)  Health benefits.--Notwithstanding the provisions of the
    27  act of June 13, 1967 (P.L.31, No.21), known as the Public
    28  Welfare Code, program participants and their spouses and
    29  dependent children shall be eligible for medical assistance
    30  during their term of enrollment in the program if no other free
    19990H0808B0866                 - 13 -

     1  health care insurance program is available. In the event a
     2  participant successfully transitions into nonsubsidized
     3  employment, the participant's dependent children will remain
     4  eligible for medical assistance for an additional year if no
     5  other free health care insurance program is available.
     6     (f)  Earned income tax credits.--The secretary shall ensure
     7  that each program participant is specifically notified and
     8  educated concerning the Federal Earned Income Tax Credit Program
     9  (EITC) and is assisted in applying for reverse withholding
    10  regarding the JOBS Program wages the participant is paid. The
    11  secretary shall:
    12         (1)  Prepare an easily understandable information guide
    13     geared to program participants explaining the operation of
    14     the EITC and reverse withholding. The information guide shall
    15     include, but not be limited to:
    16             (i)  eligibility for the EITC;
    17             (ii)  how to receive the EITC;
    18             (iii)  how to receive reverse withholding payments of
    19         the EITC along with regular paychecks;
    20             (iv)  the effect of EITC on eligibility for public
    21         assistance programs;
    22             (v)  negative effects, if any, of receiving reverse
    23         withholding of EITC payments; and
    24             (vi)  where volunteer income tax assistance is
    25         available, including, at a minimum, a central toll-free
    26         telephone number for referrals to free tax assistance
    27         sites.
    28         (2)  Ensure that approved JOBS sites distribute the
    29     information guide.
    30         (3)  Ensure that approved JOBS sites shall notify program
    19990H0808B0866                 - 14 -

     1     participants, whose wages are projected to be or have been
     2     during the past year below the maximum income limit for EITC,
     3     of their possible eligibility for EITC, at the time they
     4     enroll in the program and annually between January 1 and 31.
     5         (4)  Ensure that approved JOBS sites provide and process
     6     in accordance with Federal law the W-5 form for reverse
     7     withholding of the EITC upon request of the employee.
     8     (g)  Child-care benefits.--Program participants who have
     9  dependent children shall be provided with quality child care
    10  that enables them to participate. Participants who would
    11  otherwise be eligible for child-care assistance under a program
    12  administered by the department shall receive the same benefits
    13  under such program as other former welfare recipients or
    14  qualified employed individuals.
    15     (h)  Other supportive services.--In accordance with standards
    16  to be established by the secretary, the secretary may provide
    17  financial assistance for the purpose of assisting a participant
    18  regarding one-time, work-related expenses, for the sole purpose
    19  of assisting the participant in beginning the participant's JOBS
    20  project.
    21  Section 9.  Supervisors.
    22     (a)  Funding.--Funds available for this program may be used
    23  to pay the wages of supervisors, as necessary and appropriate,
    24  for the purpose of supervising program participants.
    25     (b)  Supervisors.--The secretary is authorized to approve the
    26  hiring of supervisors where appropriate for a particular JOBS
    27  project. Persons eligible to be hired as supervisors shall be
    28  individuals who are otherwise eligible to be program
    29  participants, capable of doing the work to be supervised and
    30  qualified to perform supervising duties. Supervisors may be
    19990H0808B0866                 - 15 -

     1  employed for a period that may exceed the 18-month limit
     2  applicable to other program participants. Supervisors shall
     3  receive an hourly wage that exceeds the hourly wage of other
     4  program participants by 30%, and shall enjoy the same benefits
     5  as other participants.
     6     (c)  Other supervisors.--Each JOBS project proposal submitted
     7  to the program by a State agency, municipality or community-
     8  based agency shall include a description of the supervision that
     9  would be needed and the extent to which the agency is able or
    10  unable to provide such supervision. The secretary is authorized
    11  to subsidize professional supervision for projects sponsored by
    12  community-based agencies where the project warrants such
    13  expenditure and the sponsoring agency is financially unable to
    14  afford the costs.
    15  Section 10.  Prohibited activities.
    16     The secretary, in developing and approving projects, shall
    17  assure that:
    18         (1)  In employment practices, no individual will be
    19     discriminated against because of the individual's race,
    20     color, religious creed, ancestry, sex, national origin, age
    21     or non-job-related handicap or disability.
    22         (2)  No person shall make any payment to another person
    23     as compensation for referring an individual as a potential
    24     program participant.
    25         (3)  It shall be unlawful for anyone to demand from any
    26     public officer, program participant or supervisor an
    27     assessment or percentage of any money or profit, or its
    28     equivalent in support, service or any other thing of value,
    29     with the understanding, express or implied, that the same may
    30     be used or shall be used for political purposes. Nothing
    19990H0808B0866                 - 16 -

     1     contained in this act shall be construed to prohibit
     2     voluntary contributions to a political committee or
     3     organization for legitimate political and campaign purposes
     4     to the extent such contributions are not prohibited by law.
     5  Section 11.  Annual report.
     6     On October 1, 2000, and each year thereafter during the
     7  program's existence, the secretary shall report to the Secretary
     8  of the Senate and the Chief Clerk of the House of
     9  Representatives on the impact of the program in the preceding
    10  fiscal year. All recipients of funds for approved projects shall
    11  provide the information requested by the department for the
    12  purposes of this report. The report shall include, but not be
    13  limited to:
    14         (1)  Productivity measures by the type of project funded.
    15         (2)  The number of program participants enrolled.
    16         (3)  The average length of enrollment.
    17         (4)  The extent of job training provided to participants.
    18         (5)  The number of participants who find employment after
    19     completion of the project.
    20         (6)  Estimated total dollar value of completed work
    21     projects by type of project.
    22         (7)  Estimated potential revenue from projects completed
    23     by program participants.
    24         (8)  Estimated savings by all levels of government as a
    25     result of reductions in social service delivery and public
    26     assistance benefits provided to or on behalf of JOBS Program
    27     participants and their families during the period of their
    28     participation in the program.
    29         (9)  Estimated tax revenues received by all levels of
    30     government from participants during the period of their
    19990H0808B0866                 - 17 -

     1     participation in the JOBS Program.
     2         (10)  Estimated EITC benefits received by program
     3     participants during the period of their participation in the
     4     JOBS Program.
     5         (11)  An analysis of the impact of program participation
     6     on the overall welfare of participants and their families,
     7     taking into consideration such factors as family income, the
     8     attainment of new skills or education levels and other social
     9     benefits as reported by participants.
    10         (12)  The amount of appropriated funds expended on
    11     program administration.
    12         (13)  Appropriate data concerning entry-level job
    13     vacancies.
    14  Section 12.  Local JOBS Program incubator.
    15     In order to provide opportunities for local agencies to
    16  create locally operated and funded local jobs programs, funds
    17  may be authorized to support the development of new local jobs
    18  programs consistent with the provisions of this act. Pending the
    19  availability of funds, the department may enter into contingent
    20  commitments with municipal governments to provide funding on a
    21  reducing basis over a three-year period.
    22  Section 13.  Regulations.
    23     The department shall promulgate regulations necessary to
    24  carry out this act no later than January 1, 2000.
    25  Section 14.  Expenditure of funds.
    26     (a)  Administrative costs.--The secretary shall minimize to
    27  the greatest extent possible the extent to which funds available
    28  for this program are expended on anything other than participant
    29  wages. The secretary shall establish guidelines for limiting
    30  administrative costs, and, in the case of community-based
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     1  agencies, may take into account the size and administrative
     2  capabilities of the agencies in the guidelines.
     3     (b)  Municipalities and community-based agencies.--At least
     4  50% of the funds available annually for the JOBS Program shall
     5  be expended on JOBS projects sponsored by local or community-
     6  based agencies.
     7     (c)  Use of funds.--For the 1999-2000 fiscal year and each
     8  year thereafter, funds provided for this program shall be used
     9  for the following:
    10         (1)  Program participant and supervisor wages and
    11     authorized benefits.
    12         (2)  Contracted services for participants, such as
    13     assessment, training, case management, job readiness and
    14     placement and tools and supplies.
    15         (3)  Program and project administration and supervision.
    16         (4)  Site development and materials, except that the
    17     secretary is authorized to reject any JOBS project that would
    18     include an unreasonable level of expenditures for such items.
    19  Section 15.  Funding.
    20     (a)  Source of funds.--Funding for the JOBS Program shall be
    21  provided, first, from funds appropriated to meet the State
    22  Maintenance-of-Effort (MOE) requirements under the Personal
    23  Responsibility and Work Opportunity Reconciliation Act of 1996
    24  (Public Law 104-193, 110 Stat. 2105) for the Temporary
    25  Assistance for Needy Families (TANF) program; and, if these
    26  funds should be insufficient to meet the objectives of this act,
    27  from Federal funds received under the Personal Responsibility
    28  and Work Opportunity Reconciliation Act for the Temporary
    29  Assistance for Needy Families (TANF) program. Should these funds
    30  be insufficient to meet the objectives of this act, the General
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     1  Assembly will appropriate such additional funds as are
     2  necessary.
     3     (b)  Additional funds.--The secretary shall seek waivers of
     4  Title I through III of the Job Training Partnership Act (Public
     5  Law 97-300, 29 U.S.C. § 1501 et seq.) authorized under the 1997
     6  Omnibus Consolidated Appropriations Bill (Public Law 104-208),
     7  and of the Workforce Investment Act (Public Law 105-220)
     8  authorized under section 192 of that act, in order to secure
     9  additional funding that would maximize the education, training,
    10  wages and benefits of participants.
    11  Section 16.  Effective date.
    12     This act shall take effect July 1, 1999, or immediately,
    13  whichever is later.












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