[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Proposed Rules]
[Pages 41815-41816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19801]


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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Parts 652, 661, 662, 663, 664 and 667

RIN 1205-AB46


Workforce Investment Act Amendments

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Department of Labor (DOL or Department) is announcing the 
withdrawal of the proposed rule that was published in the Federal 
Register on December 20, 2006 (71 FR 76558) relating to policy changes 
to the Workforce Investment Act and Wagner-Peyser Act Regulations. The 
Department no longer considers this proposed rule viable for final 
action at this time.

DATES: Effective August 19, 2009, the Department withdraws the proposed 
rule published on December 20, 2006, at 71 FR 76558.

FOR FURTHER INFORMATION CONTACT: Thomas M. Dowd, Administrator, Office 
of Policy Development and Research, Employment and Training 
Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., 
Room N-5641, Washington, DC 20210, telephone: (202) 693-3700 (this is 
not a toll-free number).
    Individuals with hearing or speech impairments may access the 
telephone number above via TTY by calling the toll-free Federal 
Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Workforce Investment Act (WIA) enacted in August 1998, reformed 
Federal job training programs and created a new, comprehensive 
workforce investment system. The legislation replaced the Job Training 
Partnership Act and amended the Wagner-Peyser Act. WIA authorization 
for appropriations expired on September 30, 2003. Although WIA 
reauthorization bills passed the House and the Senate, the 
reauthorization legislation was not enacted, and Congress continued to 
annually authorize and fund these programs through annual 
appropriations.
    In the absence of reauthorizing legislation, the Department 
published a Notice of Proposed Rulemaking (NPRM) on December 20, 2006, 
to implement several policy changes to the Workforce Investment Act and 
Wagner-Peyser Act regulations. (71 FR 76558). Subsequently, in February 
2007, Congress enacted language in the revised Continuing Resolution 
(Pub. L. 110-5, sec. 20601(a)(4)), prohibiting the Department from 
finalizing or implementing any proposed regulations under the Workforce 
Investment Act until legislation reauthorizing the Act is enacted. The 
prohibition has been reenacted annually, most recently in the 
Department of Labor Appropriations Act, 2009 (Pub. L. 111-8, Div. G, 
sec. 110).

II. Withdrawal of the Proposed Rule

    The Department has decided to withdraw the proposed rule based upon 
the continuing Congressional prohibition against publishing a rule 
until the Workforce Investment Act is reauthorized. The Department 
notes,

[[Page 41816]]

however, that the withdrawal of this proposed rule does not preclude it 
from reinstituting rulemaking concerning the issues addressed in the 
proposal at a future date. Should a future rulemaking ensue, the 
Department will provide a new opportunity for public comment on such a 
proposal.

    Signed at Washington, DC, this 12th day of August 2009.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. E9-19801 Filed 8-18-09; 8:45 am]
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