Rule2025-11846
Rescission of Nondiscrimination and Equal-Opportunity Provisions of the Workforce Investment Act
Primary source
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Published
July 1, 2025
Effective
September 2, 2025
Issuing agencies
Labor Department
Abstract
The U.S. Department of Labor (the Department) is rescinding its regulations implementing the Workforce Investment Act of 1998 (WIA) containing the nondiscrimination and equal-opportunity provisions of WIA. In 2014, Congress passed the Workforce Innovation and Opportunity Act (WIOA), which repealed WIA and required the Secretary of Labor to transition any authority under WIA to the system created by WIOA. Therefore, the Department is taking this action to remove regulations for a program that is no longer operative.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Rules and Regulations]
[Pages 27999-28001]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11846]
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DEPARTMENT OF LABOR
Office of the Secretary of Labor
29 CFR Part 37
RIN 1291-AA46
Rescission of Nondiscrimination and Equal-Opportunity Provisions
of the Workforce Investment Act
AGENCY: Office of the Secretary, Labor.
ACTION: Direct final rule (DFR); request for comment.
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SUMMARY: The U.S. Department of Labor (the Department) is rescinding
its regulations implementing the Workforce Investment Act of 1998 (WIA)
containing the nondiscrimination and equal-opportunity provisions of
WIA. In 2014, Congress passed the Workforce Innovation and Opportunity
Act (WIOA), which repealed WIA and required the Secretary of Labor to
transition any authority under WIA to the system created by WIOA.
Therefore, the Department is taking this action to remove regulations
for a program that is no longer operative.
DATES: The final rule is effective September 2, 2025, unless
significant adverse comments are received by July 31, 2025. Significant
adverse comments are ones which oppose the rule and raise, alone or in
combination, a serious enough issue related to each of the independent
grounds for the rule that a substantive response is required. If
significant adverse comments are received, notification will be
published in the Federal Register before the effective date either
withdrawing the rule or issuing a new final rule which responds to
significant adverse comments.
ADDRESSES: Comments may be submitted, identified by Regulatory
Information Number (RIN) 1291-AA46, by the following method:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Search for the above-referenced RIN, open the
[[Page 28000]]
proposed rule, and follow the on-screen instructions for submitting
comments.
Instructions: All submissions received must include ``RIN 1291-
AA46.''
Please be advised that the Department will post comments received
that relate to this rule to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any
personal information provided. The <a href="https://www.regulations.gov">https://www.regulations.gov</a> website
is the Federal e-Rulemaking Portal and all comments posted there are
available and accessible to the public. Please do not submit comments
containing trade secrets, confidential or proprietary commercial or
financial information, personal health information, sensitive
personally identifiable information (for example, social security
numbers, driver's license or state identification numbers, passport
numbers, or financial account numbers), or other information that you
do not want to be made available to the public. Should the agency
become aware of such information, the agency reserves the right to
redact or refrain from posting sensitive information, libelous, or
otherwise inappropriate comments, including those that contain obscene,
indecent, or profane language; that contain threats or defamatory
statements; or that contain hate speech. Please note that depending on
how information is submitted, the agency may not be able to redact the
information and instead reserves the right to refrain from posting the
information or comment in such situations.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> (search using RIN
1291-AA46). If you need assistance to review the comments, contact the
Civil Rights Center at 202-693-6500 (this is not a toll-free number).
FOR FURTHER INFORMATION CONTACT: Naomi Barry-Perez, Director, Civil
Rights Center, U.S. Department of Labor, 200 Constitution Avenue NW,
Room N-4123, Washington, DC 20210, telephone (202) 693-6500 (this is
not a toll-free number). For persons with a hearing or speech
disability who need assistance using the telephone system, please dial
711 to access telecommunications relay services.
SUPPLEMENTARY INFORMATION:
I. Background
Under WIA, the Department of Labor provided financial assistance to
certain recipients for the purpose of establishing programs to meet the
job training needs of youth and adults facing serious barriers to
employment. Section 188 of WIA contained the nondiscrimination and
equal opportunity provisions that prohibited discrimination on the
grounds of race, color, religion, sex, national origin, age,
disability, political affiliation or belief, and, for beneficiaries
only, citizenship status or participation in a WIA-funded program or
activity.
WIA provided that final regulations implementing the Act be issued
no later than December 31, 1999. On November 12, 1999, the Department
issued the implementing regulations at 29 CFR part 37 for the
nondiscrimination and equal opportunity provisions of WIA. The rule
applies to recipients of Federal financial assistance under WIA. The
rule imposes general nondiscrimination and equal opportunity
requirements.
WIA was repealed by the Workforce Innovation and Opportunity Act of
2014 (WIOA). Section 188 of WIOA contained substantially similar
nondiscrimination and equal opportunity requirements as those contained
in WIA. The Department issued regulations implementing WIOA Section 188
at 29 CFR part 38 on December 2, 2016.
II. Discussion
The purpose of this action is to rescind the regulations
implementing the nondiscrimination and equal opportunity provisions of
WIA. All funding under WIA, together with the obligation to comply with
the nondiscrimination and equal opportunity requirement of WIA Section
188, has expired. The WIA Section 188 regulations have been superseded
by those implementing Section 188 of WIOA. The regulations at 29 CFR
part 37 govern a program that has not been in operation for a decade
and are thus outdated and unnecessary. The Department is therefore
undertaking this ministerial action to rescind the regulations as they
are obsolete. This technical amendment to the CFR affects no rights or
obligations and imposes no costs.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
Executive Order (E.O.) 12866, ``Regulatory Planning and Review,''
58 FR 51735 (Oct. 4, 1993), requires agencies, to the extent permitted
by law, to (1) propose or adopt a regulation only upon a reasoned
determination that its benefits justify its costs (recognizing that
some benefits and costs are difficult to quantify); (2) tailor
regulations to impose the least burden on society, consistent with
obtaining regulatory objectives, taking into account, among other
things, and to the extent practicable, the costs of cumulative
regulations; (3) select, in choosing among alternative regulatory
approaches, those approaches that maximize net benefits; (4) to the
extent feasible, specify performance objectives, rather than specifying
the behavior or manner of compliance that regulated entities must
adopt; and (5) identify and assess available alternatives to direct
regulation, including providing economic incentives to encourage the
desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public.
Section 6(a) of E.O. 12866 also requires agencies to submit
``significant regulatory actions'' to OIRA for review. OIRA has
determined that this direct final rule does not constitute a
``significant regulatory action'' under section 3(f) of E.O. 12866.
Accordingly, this direct final rule was not submitted to OIRA for
review under E.O. 12866.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IRFA) and a
final regulatory flexibility analysis (FRFA) for any rule that by law
must be proposed for public comment, unless the agency certifies that
the rule, if promulgated, will not have a significant economic impact
on a substantial number of small entities.
DOL reviewed this rescission under the provisions of the Regulatory
Flexibility Act. This program is no longer operational, so there is no
impact on small entities.
C. Review Under the Paperwork Reduction Act
This rescission imposes no new information or record-keeping
requirements. Accordingly, OMB clearance is not required under the
Paperwork Reduction Act. (44 U.S.C. 3501 et seq.).
D. Review Under Executive Order 13132
E.O. 13132, ``Federalism,'' 64 FR 43255 (August 10, 1999), imposes
certain requirements on Federal agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive order also requires
agencies to
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have an accountable process to ensure meaningful and timely input by
State and local officials in the development of regulatory policies
that have federalism implications.
DOL has examined this rescission and has determined that it would
not have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.
E. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' imposes on Federal agencies the general duty to
adhere to the following requirements: (1) eliminate drafting errors and
ambiguity, (2) write regulations to minimize litigation, (3) provide a
clear legal standard for affected conduct rather than a general
standard, and (4) promote simplification and burden reduction. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation:
(1) clearly specifies the preemptive effect, if any, (2) clearly
specifies any effect on existing Federal law or regulation, (3)
provides a clear legal standard for affected conduct while promoting
simplification and burden reduction, (4) specifies the retroactive
effect, if any, (5) adequately defines key terms, and (6) addresses
other important issues affecting clarity and general draftsmanship
under any guidelines issued by the Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is unreasonable to
meet one or more of them. DOL has completed the required review and
determined that, to the extent permitted by law, this rescission meets
the relevant standards of E.O. 12988.
F. Review Under the Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action likely to result in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy. 2
U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect them.
DOL examined this rescission according to UMRA and its statement of
policy and determined that the rescission does not contain a Federal
intergovernmental mandate, nor is it expected to require expenditures
of $100 million or more in any one year by State, local, and Tribal
governments, in the aggregate, or by the private sector. As a result,
the analytical requirements of UMRA do not apply.
G. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This rescission would not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, DOL has concluded that it
is not necessary to prepare a Family Policymaking Assessment.
H. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights,'' 53 FR 8859 (March
18, 1988), DOL has determined that this rescission would not result in
any takings that might require compensation under the Fifth Amendment
to the U.S. Constitution.
I. Review Under the Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to
review most disseminations of information to the public under
information quality guidelines established by each agency pursuant to
general guidelines issued by OMB. OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002). DOL has reviewed this rescission under the OMB
and has concluded that it is consistent with applicable policies in
those guidelines.
J. Review Under Additional Executive Orders and Presidential Memoranda
DOL has examined this rescission and has determined that it is
consistent with the policies and directives outlined in E.O. 14154,
``Unleashing American Energy,'' E.O. 14192, ``Unleashing Prosperity
Through Deregulation,'' and Presidential Memorandum, ``Delivering
Emergency Price Relief for American Families and Defeating the Cost-of-
Living Crisis.'' This rescission is expected to be an Executive Order
14192 deregulatory action.
K. Congressional Notification
As required by 5 U.S.C. 801, DOL will report to Congress on the
promulgation of this rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 29 CFR Part 37
Administrative practice and procedure, Aged, Aliens, Civil rights,
Equal education opportunity, Equal employment opportunity, Grant
programs--Labor, Individuals with disabilities, Manpower training
programs, Political affiliation discrimination, Religious
discrimination, Reporting and recordkeeping requirements, Sex
discrimination.
29 CFR Part 37 [Removed and Reserved]
0
For the reason set out in the preamble and under the authority of 29
U.S.C. 3101 et seq.; 29 U.S.C. 5111; 42 U.S.C. 2000d et seq.; 29 U.S.C.
794; 42 U.S.C. 6101 et seq.; and 20 U.S.C. 1681 et seq., the Department
of Labor removes and reserves 29 CFR part 37.
Dean Heyl,
Assistant Secretary for Administration and Management, Labor.
[FR Doc. 2025-11846 Filed 6-30-25; 8:45 am]
BILLING CODE 4510-04-P
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