Archived News Release — Caution: Information may be out of date.

U.S. DEPARTMENT OF LABOR

ESA Press Release: Labor Department Seeks Comments on Proposal to Continue Suspension of Davis-Bacon Helper Regulations [07/31/1996]

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Archived News Release — Caution: Information may be out of date.