U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D. C. 20210

CLASSIFICATION

JTPA/Work-Flex

CORRESPONDENCE SYMBOL

TD

ISSUE DATE

April 3, 1997

RESCISSIONS

 

EXPIRATION DATE

Continuing

DIRECTIVE

:

TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 07-96

 

TO

:

ALL STATE JTPA LIAISONS
ALL STATE WORKER ADJUSTMENT LIAISONS
ALL STATE EMPLOYMENT SECURITY AGENCIES
ALL ONE-STOP CAREER CENTER SYSTEM LEADS

 

FROM

:

ROBERT S. KENYON
Acting Administrator
for Regional Management

 

SUBJECT

:

Workforce Flexibility (Work-Flex) Partnership Demonstration Program

 

  1. Purpose. To announce the request for applications from States for the Workforce Flexibility (Work-Flex) Partnership Demonstration Program.

  2. Background. The 1997 Department of Labor's Appropriations Act (Public Law 104-208) authorizes the Workforce Flexibility (Work-Flex) Partnership Demonstration Program. This directive transmits the Federal Register Notice describing the process for submittal of applications.

    The appropriations legislation provides that the Secretary of Labor may authorize a Work-Flex demonstration program for provision of workforce employment and training activities in "...not more than six States, of which at least three States shall each have populations not in excess of 3,500,000...". The Work-Flex waiver may be for a period of up to five years. Under this provision, the Secretary would authorize a State "to waive any statutory or regulatory requirement applicable to service delivery areas or substate areas within the State under Titles I-III of the Job Training Partnership Act", with certain exceptions and "any of the statutory or regulatory requirements of sections 8-10 of the Wagner-Peyser Act".

    The legislation authorizes the granting of the Work-Flex waiver to a State pursuant to a plan submitted by the State and approved by the Secretary. Preference is to be given to States that have been designated as Ed-Flex Partnership States under section 311(e) of Public Law 103-227. The list of current Ed-Flex Partnership States is attached. The Federal Register Notice which announces this application process is also attached.

    Unlike the legislative provisions for Ed-Flex, the legislation for Work-Flex does not permit a State to waive statutory requirements that apply to the State. However, such authority is provided under the general waiver provisions. The general waiver authority is for a period of one program year beginning July 1, 1997 and provides:

  3. Process for Submitting Applications. Work-Flex applications will be accepted by the Department until May 30, 1997. After that date, proposals will be accepted only if: (1) fewer than six States apply; (2) fewer than three States with a population under 3,500,000 apply; or (3) fewer than six applications received by that date are approved by the Secretary. Please note that a total of six States will be designated under Work-Flex. Additional designations, up to a total of six States, may be made in FY 1998, only if fewer than six applications are approved in FY 1997, and if proposed language in the 1998 appropriation request is enacted.

    States may submit both a Work-Flex application and a general waiver request at the same time. While there are differences in time coverage and exceptions for the two sets of waiver authorities, a combined request would permit a State to obtain waivers for both the State level and the service delivery area for a minimum of one year. We are entertaining joint submissions to permit streamlined submission and to facilitate the objectives of the overall waiver authority. If the general waiver authority is continued, then subsequent approvals of the State waiver requests could be continued.

  4. OMB Reporting Burden. Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Public reporting of information is estimated to average 80 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Office of IRM Policy, U.S. Department of Labor, N-1301, 200 Constitution Avenue, N.W., Washington, D.C. 20210 (Paperwork Reduction Project 1205-0375).

  5. Action Required. States which are interested in obtaining authority to grant waivers under the legislative authority provided must follow the requirements contained in the attached Federal Register Notice.

  6. Inquiries. Questions regarding this directive should be referred to your Employment and Training Administration Regional Office.

  7. Attachments. List of Ed-Flex Partnership States and Federal Register Notice.