Modification to add clause 8 for the period July 1, 1997 through June 30, 1998 (or longer where specified herein or if subsequently modified).

8. Pursuant to the statutory waiver authority at Pub. L. 104-208 § 101(e) for JTPA funds available for expenditure during Program Year 1997, i.e., July 1, 1997 through June 30, 1998 (this includes available funds from Program Years 1995, 1996 and 1997), and pursuant to the administrative regulatory waiver authority provided for at 20 CFR 627.201:

A. The Secretary waives the prohibition on stand-alone work experience, for both youth and adults, in instances when an individual service strategy substantiates its use as appropriate, by waiving JTPA § 204(c)(2)(B)(ii) and 20 CFR 628.535(b)(2) and (c)(1)(ii) and applying JTPA § 264(d)(3)(A) and (B) as if they read "Work experience shall be accompanied by additional services unless the individual service strategy demonstrates such additional services are not warranted." Additionally, the title III prohibition on work experience at 20 CFR 627.245(e), where such strategy is supported by an individual assessment, and the combination requirements at 20 CFR 627.245(d) and 628.804(e) and (f) are waived.

B. The Secretary waives the requirements, at JTPA § 141(k), that prohibit subsidized employment with private for-profit employers, to permit limited internships with private for-profit employers, in cases where the objective assessment and individual service strategy indicate it is the appropriate intervention, when:

  1. It is used in the private-for-profit sector, as in the public and private non-profit sectors, for those participants who need to build and demonstrate labor market skills or undertake career exploration, in jobs for which there is a demand in the community and which are within the skills of the participant. This authority shall be administered so as to preclude the reintroduction of abuses where participants are placed in low skill, low wage paying jobs as a subsidy to the employer;

  2. It is used when on-the-job training is not available or is inappropriate;

  3. The worker protections under JTPA § 143 are in place, particularly health and safety standards and workers' compensation and no displacement or reduction in hours of regular employees occurs; and

  4. It is provided as a temporary activity of limited duration. The State agrees to set a policy for the maximum duration.

C. The Secretary waives the youth OJT wage requirement at JTPA § 264(d)(3)(C)(i)(I) and the related regulations at 20 CFR 628.804(j)(1)(i) and the participation requirement at JTPA § 264(d)(3)(C)(iii) and the related regulation at 20 CFR 628.804(j)(2), when indicated as appropriate in the assessment and individual service strategy for youth on-the-job training. The State shall assure that the OJT positions for youth have substantial training content and that the training time is correctly determined.

D. The Secretary waives the requirements at JTPA § 314(c)(15) and will apply both JTPA § 204(c)(4) and 20 CFR 627.310(e) to title III to enable title III participants to receive post-termination services, except for training and financial assistance, for up to one year consistent with title II.

E. The Secretary shall apply the requirements in Training and Employment Information Notice (TEIN) No. 26-96 transmitting the "Guide to JTPA Performance Standards for Program Years 1996 and 1997," such that title III performance standards calculations exclude participants terminating after receiving objective assessment only, consistent with title II.

F. The Secretary waives the requirement for annual monitoring of subrecipient procurement systems, at JTPA § 164(a)(4), provided that State conducts biennial monitoring of these subrecipients. Further, the State agrees to review at least one-half of its subrecipients in alternating years and include in the current year a review of all subrecipients with known existing procurement deficiencies.

G. The Secretary waives the requirement, at JTPA § 141(g)(3)(C) and 20 CFR 627.240(g)(2), that brokering contractors monitor On-the-Job Training (OJT) employers prior to making payments to such employers. The State will require that such brokering contractors will monitor OJT employers prior to the conclusion of contracts or subcontracts with such OJT employers.

H. The Secretary waives JTPA §§ 108(b)(4)(B) and 315(a), and (b) and 20 CFR 627.445(a)(1)(i), and (a)(2)(i) and 631.14(a) and (b), eliminating the non-administration cost limitations for titles II and III [except for national reserve account (NRA) grants]; the 20% administration limitation for titles II-A and II-C, at JTPA § 108(b)(4)(A) will remain in effect; and the 15% limitation for title III, at JTPA § 315(c), as well as the 15% limitation for title II-B at JTPA § 253(a)(3) and 20 CFR 627.445(b)(3) of the JTPA regulations will be waived and replaced by the same 20% administration limitation as for titles II-A and II-C at JTPA § 108(b)(4)(A). The provisions at § 108(b)(1) and (c), and all references in the JTPA regulations that address the cost limitations under titles II-A, II-B, II-C, and III [except for NRA grants] shall refer only to the 20% administration cost limitation. The Secretary will apply JTPA § 108(b)(2) and (3) and 20 CFR 627.440(b), (c)(1) and (d) and 631.13(a)(1) to reduce the number of cost categories to two: Administration and Program costs. The costs of Administration shall be those defined at 20 CFR 627.440(d)(5) for title II and 631.13(f) for title III. Program Costs will consist of all other costs including those defined at 20 CFR 627.440(d)(1), (2), (3), and (4) for title II and at 631.13(c), (d), and (e) for title III. The costs of Rapid Response activities identified at JTPA § 314(b) and 20 CFR 631.13(b) shall continue to be separately reported.

I. The Secretary waives the matching requirement at JTPA § 123(a)(3) and (b)(2), and the related regulation at 20 CFR 628.315(e)(1), only for the 20 percent funds specified at JTPA § 123(d)(2)(A), to carry out coordination activities at JTPA § 123(a)(2)(D).

J. In consideration of the waivers contained in this grant modification, the State agrees to a performance improvement of four percent (4%) at the State level measured at the conclusion of Program Year 1997 using actual performance in PY 1996 as the baseline for improvement. Performance improvements will apply to all the Secretary's performance measures or to their approved equivalents, for titles II-A, II-C, and III. In order to meet this performance improvement, the State is expected to require that each SDA/SSG make some improvement in performance and that those SDAs/SSGs which demonstrate comparatively lower levels of performance be required to make greater performance improvements. States will take into account the SDA's performance improvement targets in determining the receipt of title II incentive grant awards for PY 1997. In considering whether the State has attained the agreed- upon performance improvement for PY 1997, the Department will apply the Secretary's Adjustment Models, exclusive of Governor's Adjustments, to the performance improvement goals. Program Year 1996 and Program Year 1997 performance will be calculated in the same way for both years.

The Standardized Participant Information Report (SPIR) instructions in Training and Employment Information Notice 5-93, Change 1 (dated June 23, 1994), as modified by Training and Employment Information Notice 5-93, Change 2 (dated January 24, 1997), remain in effect where not specifically waived or modified in this Agreement. Also in effect unless specifically waived are the Performance Standards Status Summary Report requirements put forth in Training and Employment Guidance Letter 2-95 (dated August 10, 1995). This requires Governors to report each SDA's final standard and actual performance for each of the Secretary's Title II core standards, with required technical assistance plans and reorganization plans attached.

Clause 8 shall be open to further modification as authorized under the waiver authority. The effective date of this modification shall be September 30, 1997.


Governor or JTPA Signatory OfficialDate
(Typed Name/Signature)




Georgia Department of Labor
148 International Boulevard, NE.
Suite 650
Atlanta, Georgia 30303

Grant Agreement Nos.
(Check affected agreements, statutory waivers)

/ / PY 97 JTPA Grant Agreement
/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement