(a) A Native American section 401 grantee may request, and the
Assistant Secretary of Labor for Employment and Training may grant, a
waiver of specific provisions of 20 CFR Parts 632 and 636, or of any
applicable administrative issuance, to the extent that such request is
consistent with the provision of the Act.
(b)(1) In requesting a waiver under this section, the Native
American section 401 grantee shall demonstrate how it will enhance the
provision of services or outcomes to participants, which may include,
but are not limited to, the following purposes: improving the targeting
of services to the hard-to-serve; increasing the level of basic and
occupational skills training provided by the JTPA program; contributing
to the provisions of academic enrichment services to youth; promoting
coordination of JTPA programs with other human resources programs; or
substantially improving the job placement outcomes of the JTPA program.
(2) The request shall describe the regulatory requirements to be
waived and demonstrate how such requirements impede the enhancement of
the services and outcomes described in paragraph (b)(1) of this section.
(3) The waiver request shall indicate how the grantee will modify
its planning documents as a result of the waiver.
(c) A waiver shall not be granted for:
(1) Any statutory requirement;
(2) The formula for allocation of funds;
(3) Eligibility requirements for services as provided in this part;
(4) Requirements for public health or safety, labor standards, civil
rights, occupational safety or health, or environmental protection; or
(5) Prohibitions or restrictions relating to construction of
buildings or facilities.
(d) Waivers granted shall be effective for no more than four years
from the date the waiver is granted.
[60 FR 58229, Nov. 27, 1995]
