Presidential Documents

54227 

Federal Register 

Vol. 70, No. 176 

Tuesday, September 13, 2005 

Title 3— 

The President 

Proclamation 7924 of September 8, 2005 

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. 

(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, 

54228 Federal Register / Vol. 70, No. 176 / Tuesday, September 13, 2005 / Presidential Documents 

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, MiamiDade, 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, 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, and of the Independence of the United States of America the two hundred and thirtieth. 

W 

[FR Doc. 05–18238 

Filed 8–12–05; 8:45 am] 

Billing code 3195–01–P