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DOL/ETA RIN: 1205-AC02 Publication ID: Fall 2023 
Title: Wagner-Peyser Act Staffing 

The Department proposed 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.

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final 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 sec. 12 (29 U.S.C. 49k)   
Legal Deadline:  None

Statement of Need:

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

Summary of the Legal Basis:

The Department determined that it is vital for the ES to be administered so that States deliver services effectively and equitably to unemployment insurance beneficiaries and other ES customers.


Two alternatives will be considered, and the public had the opportunity to comment on these alternatives during the comment period of the NPRM.

Anticipated Costs and Benefits:

The proposed rule was estimated to have one-time rule familiarization costs of $4,205 in 2020 dollars, as well as unknown transition costs. The proposed rule also estimated the rule 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; transfer payments are monetary payments from one group to another, such as wages shifting from one employer to another, that do not affect total resources available to society. The transfer payments for this proposed rule were the estimated wage cost increases to the States associated with employee wages and fringe benefits. In the NPRM, the Department solicited comments from stakeholders and the public on the unknown transition costs, plus transfer payments that would be incurred by any 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  04/20/2022  87 FR 23700   
NPRM Comment Period End  06/21/2022 
Final Rule  11/00/2023 
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