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, 54227-54228 [05-18238]

Download as PDF 54227 Presidential Documents Federal Register Vol. 70, No. 176 Tuesday, September 13, 2005 Title 3— Proclamation 7924 of September 8, 2005 The President 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, VerDate Aug<18>2005 16:28 Sep 12, 2005 Jkt 205250 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\13SED0.SGM 13SED0 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 VerDate Aug<18>2005 16:28 Sep 12, 2005 Jkt 205250 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\13SED0.SGM 13SED0

Agencies

[Federal Register Volume 70, Number 176 (Tuesday, September 13, 2005)]
[Presidential Documents]
[Pages 54227-54228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18238]



[[Page 54225]]

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Part VI





The President





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Proclamation 7924--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



Notice of September 8, 2005--Continuation of the National Emergency 
With Respect to Certain Terrorist Attacks


                        Presidential Documents 



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

___________________________________________________________________

Title 3--
The President

[[Page 54227]]

                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,

[[Page 54228]]

                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, 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.

                    (Presidential Sig.)B

[FR Doc. 05-18238
Filed 8-12-05; 8:45 am]
Billing code 3195-01-P