WASHINGTON — Two top Democrats on a U.S. House panel Tuesday pushed back against “unprecedented” Trump administration guidance that they said essentially encourages states to try to bypass requirements on how they spend federal money intended to help people find job training and support — potentially opening states up to lawsuits.
The Democrats, in a letter provided exclusively to States Newsroom, said the U.S. Department of Labor is urging states to use waivers provided under the main federal workforce development law to disregard statutory requirements on how they spend money for employment activities.
Reps. Bobby Scott of Virginia and Alma Adams of North Carolina — the respective ranking members of the House Committee on Education and Workforce and its Subcommittee on Higher Education and Workforce Development — urged Labor Secretary Lori Chavez-DeRemer to “immediately revoke” the agency’s guidance, issued to state workforce agencies, administrators and other entities back in November.
One of the main purposes of the workforce law, they observed, is to increase access to jobs for people with disabilities, older people and people who are homeless. The waivers suggested by the department would let states reel back their efforts to serve those groups of people, the Democrats said.
“We are deeply concerned that waiving these requirements under the guise of ‘innovation’ and ‘modernization’ will only incentivize the workforce system to stop doing what it is legally required to do: serve those with barriers to employment,” they wrote.
Five ‘strategic pillars’
The guidance from the department’s Employment and Training Administration calls on states to “request waivers of existing (Workforce Innovation and Opportunity Act) statutory or regulatory requirements that can help overcome specific barriers to innovation and align with the five strategic pillars for workforce investment.”
The 2014 law, known as WIOA, aims to boost the public workforce system and help those seeking jobs — particularly people who face barriers to employment — access training, employment and support services. The Labor secretary has the authority to waive certain statutory requirements under WIOA, though with certain limitations.
Scott and Adams argued that many of the suggested waivers in the guidance “would allow states to reduce their efforts to serve individuals with barriers to employment, directly contradicting WIOA’s purpose.”
President Donald Trump’s administration in August 2025 unveiled a workforce development strategy, through the departments of Labor, Commerce and Education, consisting of five “strategic pillars.”
The strategy stemmed from Trump’s April 2025 executive order, part of which sought to “consolidate and streamline fragmented Federal workforce development programs that are too disconnected from propelling workers into secure, well-paying, and high-need American jobs.”
But the Democrats said the use of WIOA’s general waiver authority as a method for achieving the administration’s policy goals surrounding workforce development is without precedent.
“Upon review of all past approved waivers, it is clear that waivers were only used in response to discrete challenges that states or local areas faced in meeting some of the requirements stipulated under WIOA, either because of extenuating circumstances or for individual state efforts at reforms, not to achieve the Administration’s policy goals,” they wrote.
Scott and Adams instead called on Chavez-DeRemer to work with Congress to pass a bipartisan bill that seeks to modernize WIOA.
That measure would need to be reintroduced. The House passed it in April 2024, during the previous session of Congress, but the Senate did not.
The Department of Labor confirmed receipt of the letter Wednesday, but did not respond to a message seeking comment on its contents.
