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References: JTPA Regulations at 20 CFR Parts 632 and 636; Federal Register, Vol. 60, No. 227, Monday, November 27, 1995 (60 FR 58228-9). Background: Because of new employment and training legislation pending before Congress, it was decided not to implement an entirely new set of JTPA Section 401 regulations. However, because the one really innovative Section of the current draft proposed Section 401 regulations involves the insertion of a general waiver capability, the Department and Advisory Council/Partnership Plan members agreed that publication of this general waiver provision as an amendment to the current regulations would be sufficient to enable grantees to improve their programs as in the revised draft proposed regulations. With this in mind, the Department published the general waiver section as an amendment to the 1983 program regulations on November 27, 1995. The Office of Management and Budget (OMB) recently approved this amendment, thereby giving Section 401 grantees the opportunity to request waivers for Program Year (PY) 1996. Policy: It is the Department's policy that a grantee may request a waiver to any regulatory or program requirement not contained in statute, whether JTPA or other legislation. However, grantees must be prepared to show how granting the requested waiver will improve program results/outcomes and enable them to provide better services to their participants. Information: It is the Department's intent to make this waiver process as simple as possible. To that end, waiver requests should be as concise as practicable and not involve a lot of paperwork. The Department is concerned with the quality of the waiver request, not the quantity of paper which can be submitted to support any individual request. The Department will not specify specific procedures or parameters for waiver requests, beyond the requirement that the request contain sufficient information to enable the Department to make an informed decision regarding the merits of each specific waiver requested. Attachment 1 is the text of 20 CFR 632.70. As the public comment period has not yet expired, grantees wishing to provide comments on any aspect of the general waiver provision should submit their responses. Attachment 2 contains general guidance on requesting the waiver of specific sections of the regulations. Attachment 3 is a list of requirements for the Section 401 program which may not be waived for statutory reasons, and a list of those items which may be waived. Attachment 4 is an optional waiver request form which grantees may find useful in submitting their waiver requests.

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