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 20 CFR 628.505(b)(2) which provides guidance on eligibility
documentation related to the utilization of the title II Eligibility Documentation Technical
Assistance Guide (TAG).
B. 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 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 national reserve account
(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. Reporting instructions for the two cost category reporting
method have been developed and will be provided to the State.
C. The Secretary waives the JTPA procurement requirements and the implementing
regulations at JTPA § 164(a)(3) and 20 CFR 627.420(a)(1), (2), (3), and (4), (b), (d)(1),
(e)(1), (2), (3), and (5), (g) and (h). The Governor agrees to use State and local procurement
procedures and abide by Office of Management and Budget Circular A-102. Consistent with
such an agreement, references elsewhere in JTPA to § 164(a)(3) should be understood to apply
to State and local procurement provisions.
D. The Secretary waives the matching requirement for the 20 percent funds for
coordination activities at JTPA § 123(a)(3) and 20 CFR 628.315(e)(1).
E. The Secretary waives JTPA 141(g)(2) and 20 CFR 627.240(b) to the extent that they
limit the maximum duration of on-the-job training to not more than 6 months. The State
agrees to develop a policy that addresses the circumstances under which the limit of 6 months
may be exceeded and the maximum duration, if any, that will apply to on-the-job training.
F. The Secretary waives the prohibition on stand-alone work experience, job search
assistance, job search skills training, and job club, 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 ". . . shall be accompanied by . . . additional services . . . unless the
individual service strategy demonstrates such additional services are not warranted."
G. The Secretary waives the requirements at JTPA § 314(c)(15) and will apply both JTPA
§ 204(c)(4) and 20 CFR 627.310(e), except for training and financial assistance, to title III to
enable title III participants to receive post-termination services for up to one year consistent
with title II.
H. 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) so that the State may establish an
absolute minimum wage for youth in on-the-job training that is equal to 70 percent of the
average wage at placement for adults served under title II-A as long as wages are equal to or
greater than the higher of the Federal minimum wage law or the applicable State/local
minimum wage law.
I. The Secretary waives the requirement at JTPA § 106(b)(7)(E) that limits the amount of
incentive funds that can be applied to performance standards established by the Governor to 25
percent. The State may use not more than 50 percent of the incentive grants for new
performance standards established by the Governor.
J. The JTPA Standardized Program Information Report (SPIR) instructions in Training
and Employment Information Notice (TEIN) 5-93, Change 1 that require follow-up by
participant contact for the 13th week after termination are waived on the condition that the
State adopt the provisions in the Department's "JTPA Statutory Waiver Guidelines:
Substitution of Wage Record Follow-Up for Survey Follow-Up in JTPA Performance
Standards" and future implementing guidance. As stated in these guidelines, the Department
will provide revised reporting instructions.
K. In consideration of the waivers contained in this grant modification, the State agrees to
a performance improvement of at least five percent at the State and local levels 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. States will take into
account the SDAs' performance improvement targets in determining the receipt of Title II
incentive grant awards for PY 1997. In considering whether the State and the SDAs have
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 July 1, 1997.
STATE OF MISSOURI
_____________________________________________________________________________
Governor or JTPA Signatory Official | Date |
U.S. DEPARTMENT OF LABOR
_____________________________________________________________________________
JAMES C. DE LUCA | Date |
JTPA GRANT RECIPIENT
Department of Economic Development
2023 St. Mary's Boulevard
P.O. Box 1087
Jefferson City, Missouri 65109-1087
Grant Agreement Nos.
(Check affected agreements, statutory waivers)
/ / PY 97 JTPA Grant Agreement
/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement