Rescission of Nondiscrimination and Equal-Opportunity Provisions of the Workforce Investment Act
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Abstract
The U.S. Department of Labor (Department) is confirming the effective date of September 2, 2025, for the direct final rule (DFR) that was published in the Federal Register on July 1, 2025. This DFR rescinds the regulations that implemented the nondiscrimination and equal opportunity provisions of the Workforce Investment Act (WIA). Under WIA, the Department 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 WIA was repealed by Congress with the enactment of the Workforce Innovation and Opportunity Act (WIOA) on June 22, 2014, and the WIA Section 188 regulations have been superseded by those implementing Section 188 of WIOA. All remaining grant funding under WIA Title I has been closed out by the Department. Accordingly, these regulations are no longer necessary, and the Department is removing the regulations from the Code of Federal Regulations (CFR) for this program that is no longer operative.
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<title>Federal Register, Volume 90 Issue 165 (Thursday, August 28, 2025)</title>
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[Federal Register Volume 90, Number 165 (Thursday, August 28, 2025)]
[Rules and Regulations]
[Pages 41890-41891]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16492]
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DEPARTMENT OF LABOR
Office of the Secretary of Labor
29 CFR Part 37
[Docket No. DOL-2025-0004]
RIN 1291-AA46
Rescission of Nondiscrimination and Equal-Opportunity Provisions
of the Workforce Investment Act
AGENCY: Office of the Secretary, Department of Labor.
ACTION: Direct final rule; confirmation of effective date.
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SUMMARY: The U.S. Department of Labor (Department) is confirming the
effective date of September 2, 2025, for the direct final rule (DFR)
that was published in the Federal Register on July 1, 2025.
[[Page 41891]]
This DFR rescinds the regulations that implemented the
nondiscrimination and equal opportunity provisions of the Workforce
Investment Act (WIA). Under WIA, the Department 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 was repealed by Congress with the enactment of
the Workforce Innovation and Opportunity Act (WIOA) on June 22, 2014,
and the WIA Section 188 regulations have been superseded by those
implementing Section 188 of WIOA. All remaining grant funding under WIA
Title I has been closed out by the Department. Accordingly, these
regulations are no longer necessary, and the Department is removing the
regulations from the Code of Federal Regulations (CFR) for this program
that is no longer operative.
DATES: The effective date of September 2, 2025, for the DFR published
July 1, 2025 (90 FR 27999), is confirmed.
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. You may obtain
publicly-available information related to this action by visiting
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and searching for Docket ID DOL-2025-0004.
SUPPLEMENTARY INFORMATION: On July 1, 2025, the Department published a
DFR removing its regulations at 29 CFR part 37 for a program that is no
longer operative. In the DFR, the Department stated that if no
significant adverse comments were received, then the rule would become
effective on September 2, 2025. Comments from the public were due on
July 31, 2025, and were posted publicly in Docket ID DOL-2025-0004 on
<a href="http://www.regulations.gov">www.regulations.gov</a>.
The Department received three comments opposed to the removal of
the WIA regulations, but the comments did not meet the criteria to be
considered significant adverse comments to warrant either withdrawing
the rule or issuing a new final rule in response. A significant adverse
comment \1\ explains why the rule would be inappropriate, including
challenges to the rule's underlying premise or approach, or why it
would be ineffective or unacceptable without a change. The comments the
Department received on the DFR are not significant adverse comments as
they do not explain why removing these regulations from the CFR would
be inappropriate or how removal would have consequences for the
administration of Departmental programs. Two of the comments
incorrectly stated that the DFR would affect the regulations
implementing WIOA section 188; WIA was repealed by Congress with the
enactment of WIOA. Public Law 113-128, July 22, 2014, 128 Stat 1425.
The regulations implementing section 188 of WIOA at 29 CFR part 38 are
not impacted in any way by this DFR. The other comment opposing the DFR
did not provide a substantive basis for objecting to the rule, point to
any particular provisions of the rule that were ineffective or
unacceptable, or provide any specific ways that the rule could be
changed or improved upon. Regardless, because WIA was repealed, the
regulations at 29 CFR part 37 are obsolete and their removal is both
warranted and ministerial.
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\1\ Administrative Conference of the United States, ``Procedures
for Noncontroversial and Expedited Rulemaking,'' Recommendation by
the Committee on Regulation, January 15, 1995. Accessed on August
18, 2025, at: <a href="https://www.acus.gov/document/procedures-noncontroversial-and-expedited-rulemaking">https://www.acus.gov/document/procedures-noncontroversial-and-expedited-rulemaking</a>.
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Therefore, the DFR will become effective on September 2, 2025, as
stated in the DFR.
Dated: August 25, 2025.
Dean Heyl,
Assistant Secretary for Administration and Management, Department of
Labor.
[FR Doc. 2025-16492 Filed 8-27-25; 8:45 am]
BILLING CODE 4510-04-P
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