 
                CHAPTER 69--SCHOOL-TO-WORK OPPORTUNITIES
 
      SUBCHAPTER V--WAIVER OF STATUTORY AND REGULATORY REQUIREMENTS
 
Sec. 6213. Waiver authority of Secretary of Labor


(a) Waiver authority

                           (1) In general

        Except as provided in subsection (b) of this section, the 
    Secretary of Labor may waive any requirement under any provision of 
    the Job Training Partnership Act (29 U.S.C. 1501 et seq.),\1\ or of 
    any regulation issued under such provision, for a State that 
    requests such a waiver and has an approved State plan--
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    \1\ See References in Text note below.
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            (A) if, and only to the extent that, the Secretary of Labor 
        determines that such requirement impedes the ability of the 
        State or a local partnership to carry out the purposes of this 
        chapter;
            (B) if the State provides the Secretary of Labor with 
        documentation of the necessity for the waiver, including 
        information concerning--
                (i) the specific requirement that will be waived;
                (ii) the specific positive outcomes expected from the 
            waiver and why those outcomes cannot be achieved while 
            complying with the requirement;
                (iii) the process that will be used to monitor the 
            progress of the State or local partnership in implementing 
            the waiver; and
                (iv) such other information as the Secretary of Labor 
            may require;

            (C) if the State waives, or agrees to waive, similar 
        requirements of State law; and
            (D) if the State--
                (i) has provided all local partnerships that carry out 
            programs under this chapter in the State with notice and an 
            opportunity to comment on the proposal of the State to seek 
            a waiver;
                (ii) provides, to the extent feasible, to students, 
            parents, advocacy and civil rights groups, and labor and 
            business organizations an opportunity to comment on the 
            proposal of the State to seek a waiver; and
                (iii) has submitted the comments of the local 
            partnerships to the Secretary of Labor.

                     (2) Approval or disapproval

        The Secretary of Labor shall promptly approve or disapprove any 
    request submitted pursuant to paragraph (1) and shall issue a 
    decision that shall--
            (A) include the reasons for approving or disapproving the 
        request, including a response to comments on the proposal; and
            (B) in the case of a decision to approve the request, be 
        disseminated by the State seeking the waiver to interested 
        parties, including educators, parents, students, advocacy and 
        civil rights organizations, labor and business organizations, 
        and the public.

                        (3) Approval criteria

        In approving a request under paragraph (2), the Secretary of 
    Labor shall consider the amount of State resources that will be used 
    to implement the approved State plan.

                              (4) Term

        Each waiver approved pursuant to this subsection shall be for a 
    period not to exceed 5 years, except that the Secretary of Labor may 
    extend such period if the Secretary of Labor determines that the 
    waiver has been effective in enabling the State or local partnership 
    to carry out the purposes of this chapter.

(b) Waivers not authorized

    The Secretary of Labor may not waive any requirement under any 
provision of the Job Training Partnership Act (29 U.S.C. 1501 et 
seq.),\1\ or of any regulation issued under such provision, relating 
to--
        (1) the basic purposes or goals of such provision;
        (2) maintenance of effort;
        (3) the distribution of funds;
        (4) the eligibility of an individual for participation in a 
    program under such provision;
        (5) public health or safety, labor standards, civil rights, 
    occupational safety and health, or environmental protection; or
        (6) prohibitions or restrictions relating to the construction of 
    buildings or facilities.

(c) Termination of waivers

    The Secretary of Labor shall periodically review the performance of 
any State or local partnership for which the Secretary of Labor has 
granted a waiver under this section and shall terminate the waiver under 
this section if the Secretary of Labor determines that the performance 
of the State or local partnership affected by the waiver has been 
inadequate to justify a continuation of the waiver, or the State fails 
to waive similar requirements of State law as required or agreed to in 
accordance with subsection (a)(1)(C) of this section.

(Pub. L. 103-239, title V, Sec. 503, May 4, 1994, 108 Stat. 600.)

                       References in Text

    The Job Training Partnership Act, referred to in subsecs. (a)(1) and 
(b), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which 
was classified generally to chapter 19 (Sec. 1501 et seq.) of Title 29, 
Labor, and was repealed by Pub. L. 105-220, title I, Sec. 199(b)(2), 
Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000. Pursuant to 
section 2940(b) of Title 29, references to a provision of the Job 
Training Partnership Act, effective Aug. 7, 1998, are deemed to refer to 
that provision or the corresponding provision of the Workforce 
Investment Act of 1998, Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, 
and effective July 1, 2000, are deemed to refer to the corresponding 
provision of the Workforce Investment Act of 1998. For complete 
classification of the Job Training Partnership Act to the Code, see 
Tables. For complete classification of the Workforce Investment Act of 
1998 to the Code, see Short Title note set out under section 9201 of 
this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 6211, 6214, 6215 of this 
title.
