(a) A State may submit to the Secretary, and the Secretary may
approve, a workforce flexibility (work-flex) plan under which the State
is authorized to waive, in accordance with the plan:
(1) Any of the statutory or regulatory requirements under title I
of WIA applicable to local areas, if the local area requests the waiver
in a waiver application, except for:
(i) Requirements relating to the basic purposes of title I of WIA;
(ii) Wage and labor standards;
(iii) Grievance procedures and judicial review;
(iv) Nondiscrimination;
(v) Eligibility of participants;
(vi) Allocation of funds to local areas;
(vii) Establishment and functions of local areas and local boards;
(viii) Review and approval of local plans;
(ix) Worker rights, participation, and protection; and
(x) Any of the statutory provisions essential to the key reform
principles embodied in the Workforce Investment Act, described in
Sec. 661.400.
(2) Any of the statutory or regulatory requirements applicable to
the State under sec. 8 through 10 of the Wagner-Peyser Act (29 U.S.C.
49g-49i), except for requirements relating to:
(i) The provision of services to unemployment insurance claimants
and veterans; and
(ii) Universal access to basic labor exchange services without cost
to job seekers; and
(3) Any of the statutory or regulatory requirements under the Older
Americans Act of 1965 (OAA) (42 U.S.C. 3001 et seq.), applicable to
State agencies on aging with respect to activities carried out using
funds allotted under OAA section 506(a)(3) (42 U.S.C. 3056d(a)(3)),
except for requirements relating to:
(i) The basic purposes of OAA;
(ii) Wage and labor standards;
(iii) Eligibility of participants in the activities; and
(iv) Standards for agreements.
(b) A State's workforce flexibility plan may accompany the State's
five-year
Strategic Plan or may be submitted separately. If it is submitted
separately, the workforce flexibility plan must identify related
provisions in the State's five-year Strategic Plan.
(c) A workforce flexibility plan submitted under paragraph (a) of
this section must include descriptions of:
(1) The process by which local areas in the State may submit and
obtain State approval of applications for waivers;
(2) The statutory and regulatory requirements of title I of WIA
that are likely to be waived by the State under the workforce
flexibility plan;
(3) The statutory and regulatory requirements of sections 8 through
10 of the Wagner-Peyser Act that are proposed for waiver, if any;
(4) The statutory and regulatory requirements of the Older
Americans Act of 1965 that are proposed for waiver, if any;
(5) The outcomes to be achieved by the waivers described in
paragraphs (c) (1) to (4) of this section # including, where
appropriate, revisions to adjusted levels of performance included in
the State or local plan under title I of WIA; and
(6) The measures to be taken to ensure appropriate accountability
for Federal funds in connection with the waivers.
(d) The Secretary may approve a workforce flexibility plan for a
period of up to five years.
(e) Before submitting a workforce flexibility plan to the Secretary
for approval, the State must provide adequate notice and a reasonable
opportunity for comment on the proposed waiver requests under the
workforce flexibility plan to all interested parties and to the general
public.
(f) The Secretary will issue guidelines under which States may
request designation as a work-flex State.
