Esta ley establece la obligación de las agencias gubernamentales de Puerto Rico, sujetas a la Ley de Personal del Servicio Público, de añadir cinco (5) puntos o cinco por ciento (5%), lo que sea mayor, a la calificación obtenida en cualquier prueba o examen de cualificación para un puesto, a las personas beneficiarias de programas de asistencia económica gubernamental bajo la ley federal P.R.O.W.R.A. (Personal Responsibility and Work Opportunity Reconciliation Act). La ley busca facilitar la integración laboral de estas personas, siempre y cuando cumplan con los requisitos académicos, técnicos o de experiencia del puesto. También establece la confidencialidad de la información sobre el estatus de beneficiario y sanciones por incumplimiento.
(Approved January 7, 2004)
To establish that it shall be the obligation of the different government offices of the Commonwealth of Puerto Rico, subject to Act No. 5 of October 14, 1975, as amended, better known as the Public Service Personnel Act and following the principle of merit, to add five (5) points or five per cent (5%), whichever is greater, to the grade obtained on any test or exam required in order to qualify for any office, position or work opportunity, by any person who is a beneficiary of government economic assistance programs, who is under the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act (P.R.O.W.R.A.) in Puerto Rico, Federal Public Law No. 104-193 of August 22, 1996. For such purposes, the person shall have academic, technical or experience conditions equal to those of any other applicant for the same office, position or work opportunity.
Public Law No. 104-193 of August 22, 1996, known as the Personal Responsibility and Work Opportunity Reconciliation Act (P.R.O.W.R.A.), amended both the Welfare System of the United States and the Commonwealth of Puerto Rico. The same consolidates the Economic Assistance Programs, Emergency Assistance and P.A.S.O.S., to establish the Temporary Help Program for Families in Need (T.A.N.F.). The Temporary Help Program for Families in Need is aimed at providing temporary economic help for applicant persons or families who lack sufficient resources to pay for the basic needs recognized by the Program. The help is temporary, since it is aimed at ending the dependency of families in need of government help, promoting preparation for employment, work and married
couples. It also provides help for families in need of childcare. The Program grants economic aid and services to people who, as a condition of their age, physical or mental disabilities, lack the capacity to generate income or do not have the necessary support. Additionally, economic emergency aid is offered to people or families who, due to unforeseen situations or natural disasters, suffer the loss of family income.
The main objectives of the Temporary Help Program for Families in Need can be summarized as follows: (1) to guarantee that temporary economic help and other services are available; (2) to emphasize the individual's responsibility in his and his family's self-sufficiency through salaries and the support of children; (3) to provide adequate economic help to families and to individuals, in a timely way, when they are working to achieve self-sufficiency; (4) to co-ordinate and to maximize the use of all public, private and community resources to guarantee that the participants obtain and retain adequate employment and do not return to a cycle of dependency.
The Social Welfare and Special Community Affairs Committee, and the Labor Veterans' Affairs and Human Resources Committee, of the Commonwealth of Puerto Rico Senate, carried out an investigation ordered by Senate Resolution No. 97, where the results of the implementation of the Personal Responsibility and Work Opportunity Reconciliation Act (P.R.O.W.R.A.) in Puerto Rico were evaluated in all of their aspects, including the capacity of various economic sectors to create the new jobs that would be necessary.
The findings, conclusions and recommendations contained in the Joint Final Report drafted by both Committees are what give life to this bill. This bill seeks to give support and to facilitate the implementation of the social
welfare reform that the P.R.O.W.R.A. Act incorporates for the same to be effective and adequate, attending to the real needs of recipients of Government economic help.
It should be pointed out that one of the obstacles encountered by these people is lack of experience when they are looking for a job. Many private organizations or companies, apart from competence requirements, request that those applying for a job have a certain number of years of experience, which varies depending on the type of job. This constitutes a great obstacles for those who have not worked previously. Further, some do not have the skills or background that the employers are seeking.
The reform requires families, consisting of fathers or mothers between the ages of 18 and 60, with minors to their charge, for whom they do not receive child support, to work after they begin to receive help. The participants must be employed within the following two (2) years or be available to work, or the help shall be discontinued. Economic help is limited to five (5) years. It also applies to families where the spouse is physically or mentally disabled for work.
The Department of the Family, in a presentation made before the Social Welfare and Special Community Affairs Committee of the Puerto Rico Senate, following the investigation ordered by S. R. No. 97, stated "we estimate that by July 1, 2002, (date when the 60 months end for those people participating in the Program at the time the Reform begins and who have not interrupted and shall not interrupt their participation until then) approximately 13,000 families shall reach the maximum time allowed by law. Of these, about 10,400 shall have their benefits suspended and the remaining ones shall be considered within the $20 %$ exception allowed by law, due to disability, victims of abuse or other reasons considered
substantial by the same Act." Further, from October 1998 to June 2000, 4,427 T.A.N.F. participants were referred to Welfare to Work and of those, 2,995 were accepted. The Welfare to Work Program began in 1998, and finds employment for those T.A.N.F. participants who are difficult to employ because they have a low level of scholastic achievement, a poor work record or other special conditions. Through July 2000, 2,295 T.A.N.F. participants who were difficult to hire were placed in activities leading to employmentrom July to September 2000, 556 additional T.A.N.F. clients were placed in activities leading to a job, for a total of 3,551 participants placed through Welfare to Work." Additionally, "during the years 19972000, 37,963 T.A.N.F. beneficiaries were placed in activities leading to a job and of these, 12,172 were placed in jobs. These persons no longer depend on T.A.N.F economic aid and they receive support services for the care of children, transportation and other services to facilitate their transition towards self-sufficiency." However, even counting on these efforts, it is necessary to identify and to create new jobs to satisfy the needs of this group of persons in light of the fact that their economic assistance benefits will soon come to an end.
In the United States, according to a study mentioned by the Commonwealth of Puerto Rico Department of Labor and Human Resources in its presentation of S. R. No. 97, the States wish to employ the majority of the T.A.N.F. Program participants. Obviously this is of great help for the program since the Government itself becomes a facilitator and collaborator in welfare social reform by promoting the jobs necessary for accomplishing the integration of these people into the work world and, consequently, helping them achieve self-sufficiency. Thus, the Government serves as an example for the private sector, in such a way that the latter may ascertain that
these people may prepare successfully to satisfy the needs of the labor world. This is what this bill seeks.
The preference proposed by this bill is similar to the one granted to people with disabilities under the Equal Work Opportunities for People with Impediments Act, Act No. 81 of July 27, 1996, as amended, as well as the one recognizing veterans who are bona fide residents of Puerto Rico, Act No. 13 of October 2, 1980, as amended, known as the "Puerto Rico Veterans' Bill of Rights."
The preference proposed by this legislation, as well as the ones mentioned in the previous paragraph, have been the subject of juridical and constitutional analysis by different scholars of the juridical sector, such as, for example, the Department of Justice, and the same does not violate any provision of our legal framework, including the principle of merit that rules in Puerto Rican public service.
Both the Legislature the Government of the Commonwealth of Puerto Rico take a firm step in support of programs for strengthening skills, and finding jobs for those persons who previously did not have the tools necessary for integrating into the Puerto Rico labor force in an adequate, successful way, obtaining full self-sufficiency and attaining a heightened self-esteem, becoming useful persons in our society.
It is the Legislature's commitment to offer support and a friendly hand to disadvantaged persons and communities in our society, allowing them to improve themselves and become successful in their daily lives. Therefore, this Legislature recognizes the importance of this bill and supports the enactment of the same.
Section 1.- It shall be mandatory for the different governmental agencies of the Commonwealth of Puerto Rico, subject to Act No. 5 of October 14, 1975, as amended, better known as the Public Service Personnel Act and following the principle of merit, to add five (5) points or five per cent (5%), whichever is greater, to the grade obtained on any test or exam required in order to qualify to perform any office, position or work opportunity, by any person who is a beneficiary of governmental economic assistance programs, who is under the provisions of the Personal Responsibility and Work Opportunity Reconciliation Act (P.R.O.W.R.A.) in Puerto Rico, Federal Public Law No. 104-193 of August 22, 1996. For such purposes, the person shall have academic, technical or experience conditions equal to those of any other applicant for the same office, position or work opportunity and who is close to having participated in such benefits for sixty (60) months.
The person benefiting from governmental economic assistance programs referred to in this Act is not obligated to reveal that he/she is a person who benefits from governmental economic assistance programs, but has the right to do it for the purposes of this benefit. Further, the information provided by such person, concerning his/her status as beneficiary of governmental economic assistance shall be kept confidential. To such end, said confidentiality right shall be expressed in the employment forms given to the person for completion.
Section 2.- The provisions of this Act shall apply to all agencies, departments, dependencies, corporations, political subdivisions and any other instrumentalities of the Commonwealth of Puerto Rico, with the exception of the municipalities.
Section 3.- The different Agencies of the Commonwealth of Puerto Rico are hereby authorized to adopt the regulations and forms necessary to comply with the purposes of this Act, as established by the Uniform Administrative Procedures Act, Act No. 170 of August 12, 1988, as amended.
Section 4.- Any person, physical or juridical, who intentionally breaches, or in any way denies or hinders the beneficiary of the governmental economic assistance programs from the enjoyment of the preference granted by this Act, referred to in the first paragraph of this Act, shall commit a misdemeanor and, if convicted, shall be punished with a fine of not less than two hundred (200) dollars, nor greater than five hundred (500) dollars; and subsequent violations shall be punished with a penalty not to exceed incarceration for six (6) months. The sentence issued by the Court shall provide, additionally, that the qualified beneficiary of governmental economic assistance programs shall be granted, without any delay, the right that had been denied to him/her.
Section 5.- This Act shall take effect one hundred and eighty (180) days after its approval, with the exception of Section 3 of this Act, which shall become effective immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 1 (S.B. 874) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to establish that it shall be the obligation of the different government offices of the Commonwealth of Puerto Rico, subject to Act No. 5 of October 14, 1975, as amended, better known as the Public Service Personnel Act and following the principle of merit, to add five (5) points or five per cent (5%), whichever is greater, to the grade obtained on any test or exam required in order to qualify for any office, position or work opportunity, by any person who is a beneficiary of governmental economic assistance programs, etc., has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $4^{ ext {th }}$ of April of 2005.
Luis E. Fusté-Lacourt Director