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DOL/ESA | RIN: 1215-AA94 | Publication ID: Fall 1995 |
Title: Procedures for Predetermination of Wage Rates (29 CFR Part 1) and Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (29 CFR Part 5) | |
Abstract: The Department attempted to implement revised rules governing the circumstances in which "helpers" may be used on federally funded and assisted construction contracts subject to the Davis-Bacon Act in May 1982 (see 47 FR 23644, 23658 (May 28, 1982); 47 FR 32090 (July 20, 1982)). After protracted litigation, a final rule was published in January 1989 (see 54 FR 4234) which became effective on February 4, 1991. Thereafter, on two occasions, Congress acted to prevent the Department from expending any funds to implement these revised helper regulations--through the Dire Emergency Supplemental Appropriations Act of 1991, PL 102-27, 105 Stat. 130,151 (1991), and then through section 104 of the DOL Appropriations Act of 1994, PL 103-112. Given the uncertainty of continuation of such moratoriums, the Department has determined that the helper issue may need to be addressed through rulemaking. | |
Agency: Department of Labor(DOL) | Priority: Economically Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
CFR Citation: 29 CFR 1 29 CFR 5 | |
Legal Authority: 40 USC 276a to 276a(7) |
Statement of Need: The current helper rules are difficult to administer and enforce, and--as evidenced by the prolonged litigation history and subsequent Congressional actions--are highly controversial. In May 1982, the Department attempted to implement revised rules governing the circumstances in which "helpers" may be used on federally funded and assisted construction contracts subject to the Davis-Bacon Act. After protracted litigation, a final rule was published in January 1989 and became effective on February 4, 1991. Thereafter, on two occasions, Congress acted to prevent the Department from expending any funds to implement these revised helper regulations through appropriations riders. Given the uncertainty of continuation of such moratoriums, the Department has determined that the helper issue may need to be addressed through further rulemaking. |
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Alternatives: The Administration has determined that there are only limited alternatives to addressing this issue through rulemaking, in addition to possible legislative changes. Specific regulatory alternatives have not yet been developed pending current appropriations actions in the Congress. |
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Anticipated Costs and Benefits: A new rulemaking regarding the helper criteria will seek to make administration of the Davis-Bacon Act more efficient by establishing reasonable "helper" criteria and methodology--thus resolving the controversy and uncertainty currently experienced by interested parties. Changes in the helper regulations may affect prior estimates of potential construction procurement cost savings anticipated from the earlier rulemaking. Estimates of the financial impacts of revised "helper" regulations will be prepared for inclusion in the NPRM. |
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Risks: This action does not affect public health, safety, or the environment. |
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Timetable:
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Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: Federal, Local, State, Tribal |
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations | |
Included in the Regulatory Plan: Yes | |
Agency Contact: Maria Echaveste Administrator, Wage and Hour Division Department of Labor Employment Standards Administration Room S3502, 200 Constitution Avenue NW, FP Building, Washington, DC 20210 Phone:202 219-8305 |