Eta Waivers, Employment & Training Administration (ETA)

WIA Waiver Authority:
Increased Flexibility and Improved Programmatic Outcomes

The general statutory and regulatory waiver authority granted to the Secretary of Labor is a continuing authority granted by the Workforce Investment Act (WIA) at section 189(i)(4), Public Law 105-220, and provides increased flexibility to states and local areas in implementing reforms to the workforce development system in exchange for state and local accountability for results, including improved programmatic outcomes.

Background
There are three waiver authorities contained in WIA that have the potential to make a significant contribution to promoting innovative changes to the nations workforce development system. Each provision authorizes waivers, as well as limits eligibility for such waivers.

The three waiver authorities are:

General Statutory/Regulatory
Waiver authority to the Secretary of Labor to grant to States limited statutory and regulatory waivers of the Workforce Investment Act (WIA) and the Wagner-Peyser Act (WIA sec. 189(i)(4).
Workforce Flexibility Plan (Work-Flex)
A Workforce Flexibility Plan under which authority to grant certain WIA, Wagner-Peyser Act and Older Americans Act statutory and regulatory waivers to local areas is delegated by the Secretary to the Governor (WIA sec. 192).
Native American Program Waivers
Authorizes the Secretary to grant requests submitted by bonafide Native American Grantees to waive certain statutory and regulatory requirements of WIA Title I that are inconsistent with the specific needs of such entities (WIA sec 166(h)(3).

WIA Key Principles for Further Reform

Streamlining services
Empowering individuals
Universal access
Increased accountability
Strong role for local workforce investment boards and the private sector
State and local flexibility
Improved youth programs

General Waiver

Work-Flex

Workforce Flexibility Plan Submission

Native American Program Waivers

Legislation and Implementing Regulations

Public Law 105-220 (selection pertaining to General statutory and regulatory waiver authority)
Public Law 105-220 (selection pertaining to Workforce Flexibility Plans [Work-Flex])
Public Law 105-220 (selection pertaining to Native American Program Waivers (DINAP))
Regulations (Preamble to Final Rule)
Regulations (General Waivers)
Regulations (Work-Flex)

Guidance

TEGL No. 6-99: Work-Flex Transition Guidelines Under WIA

TEGL No. 16-05: Flexibility Under Current Employment and Training Law for Hurricane Recovery Strategies

TEGL No. 8-08: Use of the Workforce Investment Act of 1998 Flexibility in Economic Recovery

WIA and Wagner-Peyser Waivers

For Further Information