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:
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
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.
STATE OF GEORGIA
|Governor or JTPA Signatory Official||Date|
U.S. DEPARTMENT OF LABOR
|JAMES C. DE LUCA||Date|
JTPA GRANT RECIPIENT
Georgia Department of Labor
148 International Boulevard, NE.
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