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DOL/ETA RIN: 1205-AC02 Publication ID: Fall 2021 
Title: Wagner-Peyser Act Staffing 

The Department proposes to revise the Wagner-Peyser Act regulations regarding Employment Services (ES) staffing to require that states use state merit staff to provide ES services, including Migrant and Seasonal Farmworker (MSFW) services, and to improve service delivery for migrant and seasonal farmworkers (MSFW).

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 20 CFR 651    20 CFR 652    20 CFR 653    20 CFR 658   
Legal Authority: Wagner-Peyser Act   
Legal Deadline:  None

Statement of Need:

The Department has identified areas of the regulation that should be changed to create a uniform standard of ES services provision for all States.

Summary of the Legal Basis:

The Department is undertaking this rulemaking pursuant to its authority under the Wagner-Peyser Act.


Two alternatives will be considered, and the public will have the opportunity to comment on these alternatives after publication of the NPRM.

Anticipated Costs and Benefits:

The proposed rule is expected to have one-time rule familiarization costs of $4,205 in 2020 dollars, as well as unknown transition costs. The proposed rule is also expected to have annual transfer payments of $9.6 million for three of the five States that currently have non-State merit staff providing some labor exchange services. In the NPRM, the Department will solicit comments from stakeholders and the public on the unknown transition costs, plus transfer payments that would be incurred by the two additional States with some non-State merit staff providing labor exchange services.


This action does not affect the public health, safety, or the environment.

Action Date FR Cite
NPRM  01/00/2022 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: State 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Kimberly Vitelli
Administrator, Office of Workforce Investment
Department of Labor
Employment and Training Administration
200 Constitution Avenue NW, FP Building, Room C-4526,
Washington, DC 20210
Phone:202 693-3980