140 East 300 South
Salt Lake City, UT 84111
Mr. Robert C. Gross
Administrator
Department of Employment Security
140 East 300 South
Salt Lake City, UT 84111
Dear Mr. Gross:
I am pleased to respond to Governor Leavitt's request for Wagner-Peyser Act waivers
for Utah. Although we are not able to grant all the Wagner-Peyser waivers submitted by
Utah, 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. Utah's efforts in
this area are to be commended.
The State's request was considered under the special appropria- tions 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. John Sweeney
Acting Regional Administrator
U.S. Department of Labor - ETA
1801 California St
Denver, CO 80202
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.
-2-
Thank you for submitting requests for Wagner-Peyser Act waivers. We appreciate
Utah'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,
John Sweeney
Acting Regional Administrator
Enclosures
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 Centers 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 Utah. They do not necessarily
constitute an endorsement of the examples in Utah's waiver request.
WAIVERS
A. The State's waiver request, to eliminate describing services to the agricultural community in the Wagner-Peyser Annual Plan is denied. Information about services provided to migrant and seasonal farmworkers is necessary to assure the States's compliance with requirements described in 20 CFR 653 Subpart B. The State's request for funding of agricultural wage surveys is not germane to Sections 8, 9 and 10 of the Wagner-Peyser Act.
B. Utah's request to allow the Governor to delegate the opportunity to review, comment, and modify the Wagner-Peyser Annual Plan to the State Council on Workforce Services as required by Wagner-Peyser § 8(a), and 20 CFR 652.6(a) is approved.
C. The State's request, applicable within Wagner-Peyser § 10(a), to "eliminate federal
reporting requirements for all detailed activity information not being used as 'outcome'
measurement information or is required for Veterans, Claimant, or Migrant/Seasonal Farm
Worker program reporting" is denied. Details describing data elements to be omitted from or
included in the proposed reporting system are not in the waiver request. The Employment and
Training Administration supports and encourages development of a new service reporting
system and staff from the Veterans Employment and Training Service (VETS), U.S.
Employment Service (USES), and Regional Office would be available to assist in this effort.
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 Utah agree to the following:
A. The Secretary of Labor waives the following provision of the Wagner-Peyser Act:
B. In consideration of this waiver, the State of Utah 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.
GRANTEE:
_______________________________________________________________
| Governor or Wagner-Peyser Signatory Official | Date |
U.S. DEPARTMENT OF LABOR:
_______________________________________________________________
| JOHN SWEENEY | Date |
WAGNER-PEYSER GRANT RECIPIENT:
Utah Department of Employment Security
140 East 300 South
Salt Lake City, UT 84111