Page:United States Statutes at Large Volume 108 Part 1.djvu/626

 108 STAT. 600 PUBLIC LAW 103-239—MAY 4, 1994 (7) the eligibility of an individual for participation in a program under such provision; (8) public health or safety, labor standards, civil rights, occupational safety and health, or environmental protection; or (9) prohibitions or restrictions relating to the construction of buildings or facilities. (d) TERMINATION OF WAIVERS. — The Secretary of Education shall periodically review the performance of any State, local partnership, or local educational agency, for which the Secretary of Education has granted a waiver under this section and shall terminate the waiver under this section if the Secretary of Education determines that the performance of the State, local partnership, or local educational agency that is 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)(l)(C). 20 USC 6213. SEC. 503. WAIVER AUTHORITY OF SECRETARY OF LABOR. (a) WAIVER AUTHORITY.— (1) IN GENERAL.— Except as provided in subsection (b), the Secretary of Labor may waive any requirement under any provision of the Job Training Partnership Act (29 U.S.C. 1501 et seq.), or of any regulation issued under such provision, for a State that requests such a waiver and has an approved State plan— (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 Act; (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 Act 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.

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