Project 2025 Tracker / What’s done, what’s next

18. Department of Labor and Related Agencies · Notable · Needs Congress

Repromulgate and codify the Trump-era Wagner–Peyser staffing flexibility rule

Partially done

Printed page 606 18. Department of Labor and Related Agencies

“DOL should repromulgate the Trump-era staffing flexibility rule, and Congress should codify it.”

What has happened

  1. Partially done

    ETA published the final rule removing the state merit-staffing requirement outright, effective 2026-10-19: states may now use whatever staffing model delivers the required Employment Service services most efficiently. The repromulgation half of the ask is delivered. Congress has not codified it, so a future administration can reverse it by the same route — which is precisely what the Quote's second limb was asking Congress to prevent.

  2. Attempted

    With the 2023 rule's compliance date about to bite, ETA delayed by one year — to 2027-01-21 — the date by which state grantees must comply with the merit-staffing requirements, keeping the flexibility in place while the rescission rulemaking ran.

  3. Attempted

    The Employment and Training Administration proposed to remove the requirement that states use state merit staff to deliver Wagner-Peyser Employment Service services, restoring the staffing flexibility the 2020 rule had allowed before the 2023 rule reimposed merit staffing (RIN 1205-AC22).

Research log

What was searched, and what didn’t count as evidence

Research notes

  • Two-object ask (§3b): “DOL should repromulgate the Trump-era staffing flexibility rule, and Congress should codify it.” DOL’s object is delivered; Congress’s is not, and no bill of the 119th Congress codifies Wagner-Peyser staffing flexibility. partial.
  • Effective date read from federalregister.gov/api/v1/documents/2026-16982.json.
  • One further ETA rulemaking on the same statute is announced and unpublished: RIN 1205-AC34, Revising Wagner-Peyser Act Employment Service Monitor Advocate Provisions (reginfo.gov, pubId 202510).
Action
reinstate
Object
Wagner–Peyser staffing flexibility rule
ID
1669