MISSISSIPPI LEGISLATURE
2005 5th Extraordinary Session
To: Rules
By: Senator(s) Dawkins, Walls, Jackson (11th), Jordan, Williamson, Thomas, Butler, Simmons, Horhn, Turner, Gollott, Cuevas, Lee (47th), Bryan, Harden, Jackson (32nd)
A CONCURRENT RESOLUTION URGING UNITED STATES PRESIDENT BUSH TO RESCIND HIS SEPTEMBER 8, 2005, PROCLAMATION WHICH SUSPENDED THE APPLICATION OF THE DAVIS-BACON "PREVAILING WAGE" ACT IN AREAS AFFECTED BY HURRICANE KATRINA.
WHEREAS, the Gulf Coast of Alabama, Louisiana, Mississippi and Texas has experienced tragic and unprecedented damage as a result of Hurricanes Katrina and Rita. The cleanup and rebuilding efforts will be some of the most ambitious in our nation's history; and
WHEREAS, a large part of the efforts to rebuild and restore the Gulf Coast will be undertaken by the federal government. To date, Congress has already authorized $262.3 Billion and that figure is only expected to increase. It is anticipated that contracts spawned by the reconstruction efforts will provide employment for several thousand people, many of whom are trying to rebuild their own lives in the wake of this disaster; and
WHEREAS, in 1931, Congress enacted the Davis-Bacon Act to provide wage protection to workers who are employed by contractors using federal tax dollars. Its purpose is to insure that workers earn a fair living for their families; and
WHEREAS, the Davis-Bacon Act, (Chapter 31 of Title 40, United States Code), also known as the prevailing wage law, was enacted by Congress in 1931. Section 3142(b) provides that minimum wages in federal construction contracts "shall be based on the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on project of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed." Section 3147 allows the President to suspend the provisions of the Davis-Bacon Act during a "national emergency;" and
WHEREAS, on September 8, 2005, President Bush issued a proclamation suspending the prevailing wage provision of the Davis-Bacon Act for the rebuilding of the Gulf Coast. In issuing the proclamation, President Bush stated that the prevailing wage provision would "increase the cost to the federal government of providing federal assistance to these areas," and that suspension of the act "will permit the employment of thousands of additional individuals;" and
WHEREAS, the problem with the President's reasoning is that it is simply not based on fact. The reason is simple. When you pay higher wages, you attract more experienced and skilled labor, thereby increasing productivity and decreasing injury and lost time on the job; and
WHEREAS, the more devastating effect of suspending the Davis-Bacon Act will be the driving down of wages for all construction contracts both public and private in the area for years to come. This will have a negative effect on local economies, long after the rebuilding has been completed. Prevailing wages in the effected area are already below the national average; and
WHEREAS, the President's action is in the wrong direction, particularly at a time when we should all be coming together to help rebuild not only the bricks and mortar, but also the lives and families of the Gulf Coast:
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That we do hereby urge United States President George W. Bush to rescind his September 8, 2005, proclamation which suspended the application of the Davis-Bacon "Prevailing Wage" Act in areas affected by Hurricane Katrina, which includes counties and communities along and adjacent to the Mississippi Gulf Coast. In the alternative, we urge the United States Congress to exercise its legislative prerogative to enact legislation requiring the prevailing wage in those areas affected by Hurricane Katrina, thereby superceding the President's executive proclamation.
BE IT FURTHER RESOLVED, That this resolution be forwarded to United States President George W. Bush, members of the Mississippi congressional delegation and be made available to the Capitol Press Corps.