[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC6213]
TITLE 20--EDUCATION
CHAPTER 69--SCHOOL-TO-WORK OPPORTUNITIES
SUBCHAPTER V--WAIVER OF STATUTORY AND REGULATORY REQUIREMENTS
Sec. 6213. Waiver authority of Secretary of Labor
(a) Waiver authority
(1) In general
Except as provided in subsection (b) of this section, the
Secretary of Labor may waive any requirement under any provision of
the Job Training Partnership Act (29 U.S.C. 1501 et seq.),\1\ or of
any regulation issued under such provision, for a State that
requests such a waiver and has an approved State plan--
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\1\ See References in Text note below.
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(A) if, and only to the extent that, the Secretary of Labor
determines that such requirement impedes the ability of the
State or a local partnership to carry out the purposes of this
chapter;
(B) if the State provides the Secretary of Labor with
documentation of the necessity for the waiver, including
information concerning--
(i) the specific requirement that will be waived;
(ii) the specific positive outcomes expected from the
waiver and why those outcomes cannot be achieved while
complying with the requirement;
(iii) the process that will be used to monitor the
progress of the State or local partnership in implementing
the waiver; and
(iv) such other information as the Secretary of Labor
may require;
(C) if the State waives, or agrees to waive, similar
requirements of State law; and
(D) if the State--
(i) has provided all local partnerships that carry out
programs under this chapter in the State with notice and an
opportunity to comment on the proposal of the State to seek
a waiver;
(ii) provides, to the extent feasible, to students,
parents, advocacy and civil rights groups, and labor and
business organizations an opportunity to comment on the
proposal of the State to seek a waiver; and
(iii) has submitted the comments of the local
partnerships to the Secretary of Labor.
(2) Approval or disapproval
The Secretary of Labor shall promptly approve or disapprove any
request submitted pursuant to paragraph (1) and shall issue a
decision that shall--
(A) include the reasons for approving or disapproving the
request, including a response to comments on the proposal; and
(B) in the case of a decision to approve the request, be
disseminated by the State seeking the waiver to interested
parties, including educators, parents, students, advocacy and
civil rights organizations, labor and business organizations,
and the public.
(3) Approval criteria
In approving a request under paragraph (2), the Secretary of
Labor shall consider the amount of State resources that will be used
to implement the approved State plan.
(4) Term
Each waiver approved pursuant to this subsection shall be for a
period not to exceed 5 years, except that the Secretary of Labor may
extend such period if the Secretary of Labor determines that the
waiver has been effective in enabling the State or local partnership
to carry out the purposes of this chapter.
(b) Waivers not authorized
The Secretary of Labor may not waive any requirement under any
provision of the Job Training Partnership Act (29 U.S.C. 1501 et
seq.),\1\ or of any regulation issued under such provision, relating
to--
(1) the basic purposes or goals of such provision;
(2) maintenance of effort;
(3) the distribution of funds;
(4) the eligibility of an individual for participation in a
program under such provision;
(5) public health or safety, labor standards, civil rights,
occupational safety and health, or environmental protection; or
(6) prohibitions or restrictions relating to the construction of
buildings or facilities.
(c) Termination of waivers
The Secretary of Labor shall periodically review the performance of
any State or local partnership for which the Secretary of Labor has
granted a waiver under this section and shall terminate the waiver under
this section if the Secretary of Labor determines that the performance
of the State or local partnership affected by the waiver has been
inadequate to justify a continuation of the waiver, or the State fails
to waive similar requirements of State law as required or agreed to in
accordance with subsection (a)(1)(C) of this section.
(Pub. L. 103-239, title V, Sec. 503, May 4, 1994, 108 Stat. 600.)
References in Text
The Job Training Partnership Act, referred to in subsecs. (a)(1) and
(b), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which
was classified generally to chapter 19 (Sec. 1501 et seq.) of Title 29,
