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GAO-01-216R 1 (2000-12-01)

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       Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548

          B-286877



          December 1, 2000

          The Honorable James M. Jeffords
          Chairman
          The Honorable Edward M. Kennedy
          Ranking Minority Member
          Committee on Health, Education, Labor, and Pensions
          United States Senate

          The Honorable William F. Go o dling
          Chairman
          The Honorable William Clay
          Ranking Minority Member
          Committee on Education and the Workforce
          House of Representatives

          Subject: Department of Labor, Employment Standards Administration: Procedures
                  for Predetermination of Wage Rates: Labor Standards Provisions Applicable
                  to Contracts Covering Federally Financed and Assisted Construction and to
                  Certain Nonconstruction Contracts

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Labor (DOL), Employment Standards
          Administration, entitled Procedures for Predetermination of Wage Rates; Labor
          Standards Provisions Applicable to Contracts Covering Federally Financed and
          Assisted Construction and to Certain Nonconstruction Contracts (RIN: 1215-AA94).
          We received the rule on November 20, 2000. It was published in the Federal Register
          as a final rule on November 20, 2000. 65 Fed. Reg. 69674.

          The final rule amends the regulations that govern the employment of helpers on
          federally-financed and assisted construction contracts subject to the prevailing wage
          standards of the Davis-Bacon and Related Acts. Specifically, the rule incorporates
          the Wage and Hour Division's longstanding policy of recognizing helper
          classifications and wage rates only where their duties are clearly defined and distinct
          from those of the journeyworker and laborer classifications in the area; the use of
          such helpers is an established prevailing practice in the area; and the term helper is
          not synonymous with trainee in an informal training program.


GAO-01-216R

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