Mr. John P. O'Connor
Assistant Secretary
Division of Employment and Training
Department of Labor, Licensing and Regulation
1100 North Eutaw Street
Baltimore, MD 21201
Dear Mr. O'Connor:
I am pleased to respond to Governor Glendening's May 27, 1997 request for Wagner-Peyser Act waivers for Maryland. Although we are not able to grant all the Wagner-Peyser
waivers submitted by Maryland, we appreciate the effort that was put forth to develop requests
that contribute to an overall strategy to improve the delivery of Wagner-Peyser program
services. Maryland's efforts in this area are to be commended.
The State's request was considered under the special appropriations act authority
granting the Secretary of Labor authority to waive certain requirements of Titles I-III of JTPA,
and Sections 8-10 of the Wagner-Peyser Act. This authority was granted to the Secretary in
the Department of Labor's (DOL) Appropriation Act for 1997 [Pub. L. 104-208, section
101(e)].
This is a one-year authority and applies only to Wagner-Peyser funds available for
expenditure during the period July 1, 1997 through June 30, 1998. Enclosed you will find a
Waiver Request Disposition statement; a copy of our formal response to the Governor; and
three copies of the Waiver Agreement for review and signature of the appropriate signatory
official. The Agreement will also serve as an Addendum to the Governor-Secretary
Agreement. We ask that the Waiver Agreement documents (3 originals) be signed by the
appropriate official and returned to the Grant Officer for execution at the address indicated
below:
Mr. Edwin G. Strong
Regional Administrator
U.S. Department of Labor - ETA
3535 Market Street
Philadelphia, PA 19104-3309
Upon execution by the appropriate USDOL grant officer a copy of the agreement will
be returned for the State's official files. The agreement will be effective July 1, 1997.
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Thank you for submitting requests for Wagner-Peyser Act waivers. We appreciate
Maryland's efforts to develop waivers that contribute to improving the administration of
Wagner-Peyser Act programs. We anticipate this is the first step in a Federal- State
partnership to develop waivers that contribute to streamlining the overall administration and
delivery of Wagner-Peyser program services. If we can be of assistance as you develop
additional waivers, please do not hesitate to contact us.
Sincerely,
Edwin G. Strong
Regional Administrator
Enclosures
WAGNER-PEYSER WAIVER REQUEST DISPOSITION
FOR THE STATE OF MARYLAND
OVERVIEW
Upon execution, the enclosed Waiver Agreement document will serve as an addendum
to the Governor-Secretary Agreement. The granted waivers are authorized for the period of
Program Year 1997 (July 1, 1997 through June 30, 1998). Below is a discussion, including the
disposition, of the State's Wagner-Peyser Act waiver requests.
Requests to waive program design components were honored except in the case where
the request conflicted with the Department's guiding principles for waivers, or the One-Stop
Career Center and School-to-Work Systems principles or were outside the authority granted by
the 1997 Appropriations Act.
These waivers are based upon the Governor's request, meetings and discussions among
staff, and the Department's familiarity with the program in Maryland. They do not necessarily
constitute an endorsement of the examples in Maryland's waiver request.
WAIVERS
A. The State's waiver request regarding submission of a Wagner-Peyser Annual Plan for
PY 1998 as required by Wagner-Peyser § 8(a), and 20 CFR 652.6(a) is denied. The 1997
Appropriation Act [Pub. L. 104-208, section 101(e)] does not grant authority for PY 1998.
With development, submission, and approval of the Wagner-Peyser Annual Plan for PY 1997
the matter is resolved as currently presented.
B. The State's waiver request, applicable within Wagner-Peyser § 10(a), to eliminate
reporting placements and obtained employment is denied. Placement activity is utilized to
establish comparative rates of service by the Veterans' Employment and Training Service
(VETS) and ensure definitive performance standards are met as required by USC Title 38.
The 1997 Appropriations Act does not grant the Department of Labor authority to waive
statutes or regulations outside the Wagner-Peyser or Job Training Partnership Acts. The
request also appears to conflict with current ETA workforce development performance
measurement initiatives.
C. Maryland's waiver request to change the current definition of counseling as defined in
the Employment and Training Administration, ET Handbook No. 406 (ETA-9002) is approved
with modification as described below. The following definition would enhance program
linkages and best reflect the delivery of services in the emerging workforce development
system:
"Interactions between appropriate staff and applicants designed to assist in
establishing
and reaching realistic employment related goals. Assistance may
include support in choosing or
changing occupations; making a suitable job
adjustment; and addressing personal issues that may
limit the applicants ability
to achieve employment related goals. Counseling may be provided individually
to the applicant or through group counseling session(s) and may include a
recorded employability plan."
Upon adaptation of this definition of counseling the waiver request is granted.
WAGNER-PEYSER WAIVER AGREEMENT
ADDENDUM TO THE GOVERNOR-SECRETARY AGREEMENT
STATE OF MARYLAND
Pursuant to the statutory waiver authority at Pub. L. No. 104-208 § 101(e) for Wagner-Peyser
funds available for expenditure during Program year 1997 (July 1, 1997 through June 30,
1998), the U.S. Department of Labor and the State of Maryland agree to the following:
A. The Secretary of Labor waives the following provision of the Wagner-Peyser Act:
The definition of counseling as defined in the Employment and Training
Administration, ET Handbook No. 406 (ETA-9002) is changed to: "Interactions
between appropriate staff and applicants designed to assist in establishing and reaching
realistic employment-related goals. Assistance may include support in choosing or
changing occupations; making a suitable job adjustment and addressing personal issues
that may limit the applicants ability to achieve employment- related goals. Counseling
may be provided individually to the applicant or through group counseling session(s)
and may include a recorded employability plan."
B. In consideration of this waiver, the State of Maryland agrees to the performance
improvements referred to in clause 8 of the Job Training Partnership Act Grant Agreement
Modification.
This waiver agreement shall be open to further modification as authorized under the waiver
authority. The agreement shall serve as an addendum to the current Governor-Secretary
Agreement. The effective date of this agreement shall be July 1, 1997.
