PRINTER'S NO. 866
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 19990H0808B0866 - 18 -
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 19990H0808B0866 - 19 -
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. C1L43VDL/19990H0808B0866 - 20 -