U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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39–011 2005

109th Congress, 1st Session – – – – – – – – – – – – – House Document 109–55 

DECLARATION OF NATIONAL EMERGENCY IN 

RESPONSE TO HURRICANE KATRINA 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

NOTIFICATION OF HIS DECLARATION OF A NATIONAL EMERGENCY WITHIN THE LIMITED GEOGRAPHIC AREA OF THE 

STATES OF ALABAMA, FLORIDA, LOUISIANA, AND MISSISSIPPI IN 

RESPONSE TO HURRICANE KATRINA, PURSUANT TO 50 U.S.C. 

1621(a) 

SEPTEMBER 12, 2005.—Message and accompanying papers referred to the 

Committee on Education and the Workforce and ordered to be printed 


E:\Seals\Congress.#13
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To the Congress of the United States: 

I hereby report that I have exercised my statutory authority 

under section 3147 of title 40, United States Code, to suspend the 

provisions of 40 U.S.C. 3141–3148 in the event of a national emergency. I have found that the conditions caused by Hurricane 

Katrina constitute a ‘‘national emergency’’ within the meaning of 

section 3147. I have, therefore, suspended the provisions of 40 

U.S.C. 3141–3148 in designated areas in the States of Alabama, 

Florida, Louisiana, and Mississippi. 

This action is more fully set out in the enclosed proclamation 

that I have issued today. 

GEORGE W. BUSH. 

THE WHITE HOUSE, September 8, 2005. 

(3) 

TO SUSPEND SUBCHAPTER IV OF CHAPTER 31 OF TITLE 40, UNITED

STATES CODE, WITHIN A LIMITED GEOGRAPHIC AREA IN RESPONSE

TO THE NATIONAL EMERGENCY CAUSED BY HURRICANE KATRINA

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

1. Section 3142(a) of title 40, United States Code, provides that 

‘‘every contract in excess of $2,000, to which the Federal Government or the District of Columbia is a party, for construction, alteration, or repair, including painting and decorating, of public buildings and public works of the Government or the District of Columbia that are located in a State or the District of Columbia and 

which requires or involves the employment of mechanics or laborers shall contain a provision stating the minimum wages to be paid 

various classes or laborers and mechanics.’’

2. Section 3142(b) of title 40, United States Code, provides that 

such ‘‘minimum wages shall be based on the wages the Secretary 

of Labor determines to be prevailing for the corresponding classes 

of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State in 

which the work is to be performed * * *.’’

3. Under various other related acts, the payment of wages is 

made dependent upon determinations by the Secretary of Labor 

under section 3142 of title 40, United States Code. 

4. Section 3147 of title 40, United States Code, provides that 

‘‘[t]he President may suspend the provisions of this subchapter during a national emergency.’’

5. Several areas of the Nation have been recently devastated by 

Hurricane Katrina. The devastation from the hurricane has resulted in the largest amount of property damage from a natural 

disaster in the history of the Nation. An enormous but undetermined number of lives have been lost, and hundreds of thousands 

of homes and business establishments either destroyed or severely 

damaged. Hundreds of thousands of individuals have lost their jobs 

and their livelihood. An unprecedented amount of Federal assistance will be needed to restore the communities that have been ravaged by the hurricane. Accordingly, I find that the conditions 

caused by Hurricane Katrina constitute a ‘‘national emergency’’

within the meaning of section 3147 of title 40, United States Code. 

(a) Hurricane Katrina has resulted in unprecedented property 

damage. 

(b) The wage rates imposed by section 3142 of title 40, United 

States Code, increase the cost to the Federal Government of providing Federal assistance to these areas. 

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(c) Suspension of the subchapter IV of chapter 31 of title 40, 

United States Code, 40 U.S.C. 3141–3148, and the operation of related acts to the extent they depend upon the Secretary of Labor’s 

determinations under section 3142 of title 40, United States Code, 

will result in greater assistance to these devastated communities 

and will permit the employment of thousands of additional individuals. 

NOW, THEREFORE, I, GEORGE. W. BUSH, President of the 

United States of America, do by this proclamation suspend, as to 

all contracts entered into on or after the date of this proclamation 

and until otherwise provided, the provisions of subchapter IV of 

chapter 31 of title 40, United States Code, 40 U.S.C. 3141–3148, 

and the provisions of all other acts providing for the payment of 

wages, which provisions are dependent upon determinations by the 

Secretary of Labor under section 3142 of title 40, United States 

Code, as they apply to contracts to be performed in the following 

jurisdictions: the counties of Baldwin, Choctaw, Clarke, Mobile, 

Sumter, and Washington in the State of Alabama; the counties of 

Broward, Miami-Dade, and Monroe in the State of Florida; the parishes of Acadia, Allen, Ascension, Assumption, Avoyelles, Beauregard, Bienville, Bossier, Caddo, Calcasieu, Caldwell, Cameron, 

Catahoula, Claiborne, Concordia, De Soto, East Baton Rouge, East 

Carroll, East Feliciana, Evangeline, Franklin, Grant, Iberia, 

Iberville, Jackson, Jefferson, Jefferson Davis, La Salle, Lafayette, 

Lafourche, Lincoln, Livingston, Madison, Morehouse, Natchitoches, 

Orleans, Ouachita, Plaquemines, Pointe Coupee, Rapides, Red 

River, Richland, Sabine, St. Bernard, St. Charles, St. Helena, St. 

James, St. John the Baptist, St. Landry, St. Martin, St. Mary, St. 

Tammany, Tangipahoa, Tensas, Terrebonne, Union, Vermilion, 

Vernon, Washington, Webster, West Baton Rouge, West Carroll, 

West Feliciana, and Winn in the State of Louisiana; and the counties of Adams, Alcorn, Amite, Attala, Benton, Bolivar, Calhoun, 

Carroll, Chickasaw, Choctaw, Claiborne, Clarke, Clay, Coahoma, 

Copiah, Covington, DeSoto, Forrest, Franklin, George, Greene, Grenada, Hancock, Harrison, Hinds, Holmes, Humphreys, Issaquena, 

Itawamba, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, 

Kemper, Lafayette, Lamar, Lauderdale, Lawrence, Leake, Lee, 

Leflore, Lincoln, Lowndes, Madison, Marion, Marshall, Monroe, 

Montgomery, Neshoba, Newton, Noxubee, Oktibbeha, Panola, Pearl 

River, Perry, Pike, Pontotoc, Prentiss, Quitman, Rankin, Scott, 

Sharkey, Simpson, Smith, Stone, Sunflower, Tallahatchie, Tate, 

Tippah, Tishomingo, Tunica, Union, Walthall, Warren, Washington, Wayne, Webster, Wilkinson, Winston, Yalobusha, and 

Yazoo in the State of Mississippi. 

And, as to such contracts to be performed in such jurisdictions, 

I do hereby suspend, until otherwise provided, the provisions of any 

Executive Order, proclamation, rule, regulation, or other directive 

providing for the payment of wages, which provisions are dependent upon determinations by the Secretary of Labor under section 

3142 of title 40, United States Code; 

IN WITNESS WHEREOF, I have hereunto set my hand this 

eighth day of September, in the year of our Lord two thousand five, 

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and of the Independence of the United States of America the two 

hundred and thirtieth. 

GEORGE W. BUSH. 

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