8. Pursuant to the statutory waiver authority at Pub. L. 104-208 § 101(e) for JTPA funds available for expenditure during Program Year (PY) 1997, i.e., July 1, 1997 through June 30, 1998 (this includes available funds from PYs 1995, 1996 and 1997), and pursuant to the administrative regulatory waiver authority provided for at 20 CFR 627.201:

A. The Secretary waives the requirements at JTPA § 141(k) that prohibit subsidized employment with private for-profit employers, to permit work experience with private for-profit employers, in cases where the objective assessment and individual service strategy indicate it is the appropriate intervention, and when:

1. It is used in the private-for-profit sector, as in the public and private non-profit sectors, for those participants who need to build and demonstrate labor market skills or undertake career exploration, in jobs for which there is a demand in the community and which are within the skills of the participant. This authority shall be administered so as to preclude the reintroduction of abuses where participants are placed in low skill, low wage paying jobs as a subsidy to the employer;
   
   
2. It is used when on-the-job training is not available or is inappropriate;
   
   
3. The worker protections under JTPA § 143 are in place, particularly health and safety standards and workers' compensation, and that no displacement or reduction in hours of regular employees occurs; and
   
   
4. It is provided as a temporary activity of limited duration. Guam agrees to set a policy for the maximum duration.

B. In consideration of the waivers contained in this grant modification, Guam agrees to a performance improvement of five percent (5%) 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 the adult unsubsidized employment and weekly earnings performance measures for Title II-A. The Governor will take into account the performance improvement targets in determining the receipt of Title II incentive grant awards for PY 1997. In considering whether Guam has attained the agreed upon performance improvement for PY 1997, the Department's Regional Office will use performance data and reports furnished by Guam to the Regional Office. Program Year 1996 and Program Year 1997 performance will be defined and calculated in the same way for both years.

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 GUAM

_________________________________________________________________

Governor or JTPA Signatory Official

Date

(Typed Name/Signature)

U.S. DEPARTMENT OF LABOR

_________________________________________________________________

JAMES C. DE LUCA

Date

JTPA GRANT RECIPIENT

Agency for Human Resources Development
Government of Guam
P.O. Box CQ
Agana, Guam 96910

Grant Agreement Nos.
(Check affected agreements, statutory waivers)

/ / PY 97 JTPA Grant Agreement
/ / PY 96 JTPA Grant Agreement
/ / PY 95 JTPA Grant Agreement