October 30, 1997

Mr. Melvin L. Gelade
Commissioner
N.J. Department of Labor
John Fitch Plaza
CN 058-13th Floor
Trenton, NJ 08625

Dear Commissioner Gelade:

This is in response to the request for a Wagner-Peyser Act waiver for New Jersey. 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) Appropriations Act for 1997 [Pub. L. 104-208, section 101(e)], and applies only to Wagner-Peyser funds available for expenditure during the period July 1, 1997 through June 30, 1998.

We regret we are unable to approve your Wagner-Peyser Act waiver request. The reason for this decision is that the waiver request to permit flexible planning for PY 1998 is not allowable at this time because the Department lacks authority to extend waiver authorization beyond June 30, 1998. Enclosed you will find a Waiver Request Disposition statement.

Sincerely,

Marilyn K. Shea
Regional Administrator

Enclosure

OVERVIEW

Below is a discussion, including the disposition, of the State's Wagner-Peyser Act waiver request.

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.

This waiver is based upon the Governor's request, meetings and discussions among staff, and the Department's familiarity with the program in New Jersey. It does not necessarily constitute an endorsement of the examples in New Jersey's waiver request.

WAIVER

A. The State's waiver request, applicable to Wagner-Peyser Act § 8(a), to permit flexible planning for PY 1998 is not allowable at this time because the Department lacks authority to extend waiver authorization beyond June 30, 1998. The Employment and Training Administration supports and encourages development of integrated planning for State workforce development systems in PY 1998, and will work with New Jersey's workforce development partners to identify the required contents of the State and local plans, to the extent that it is permissible under future waiver authorization.