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Archived News Release--Caution:
information may be out of date.
For more information call: 202/219-8211
The Department of Labor is seeking public comment on a proposal to
continue the existing suspension of regulations under the Davis-Bacon Act
concerning the use of "helpers" on federally-funded construction while it
considers whether to amend those regulations. The Federal Register is expected
to publish a Notice of Proposed Rulemaking by Friday, August 2, 1996, and the
public will have thirty days from that date to submit comments.
First promulgated 14 years ago, the helper regulation has been
effectively suspended for most of that time due to litigation and Congressional
action barring the Department from implementing it. The Department is now
considering whether revision of the regulation is warranted in light of how
long the rule has been in limbo and the fact that the public never had a chance
to comment on the regulation in its current form, as well as new information
relevant to the regulation. It therefore plans to engage in rulemaking on
whether or not to amend the suspended regulation.
The Department proposes to continue the suspension while it proceeds
with rulemaking, since it will not know until that process is complete whether
or not the regulation will be modified or put into effect in its current form.
Continuing the suspension seems advisable in order to prevent unwarranted
disruption and confusion in the contracting community that could occur if the
regulation were implemented and then shortly thereafter modified. But the
Department wants to hear from the public before deciding whether to implement
the regulation during rulemaking or to continue the suspension during that
time.
The Department expects to complete its review of comments on whether to
suspend the regulation during rulemaking within a few months. It further
anticipates that rulemaking on the regulation itself will be concluded, and any
amendment to the regulation promulgated, within one year.
Archived News Release--Caution:
information may be out of date.
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