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News & Analysis | REG•WATCH Blog | Press Room
Friday, September 16, 2005
Bush Decision to Waive Wage Protections Could Be Illegal
As many surely know by now, the White House decision to suspend its obligations under the Davis-Bacon Act to require a fair minimum wage for contractors working on the reconstruction and recovery efforts in the aftermath of Hurricane Katrina will have a direct and drastically negative impact on many of the very victims of the hurricane. Some have noted the irony of this decision given that the hurricane's devastation was compounded by years of poverty and low-wages throughout the Gulf region. In response, Representative George Miller (D-CA) introduced legislation to overturn the wage cuts instituted by the president last week.
But what many might not know is that Bush's decision to waive the protections could be illegal. The Federation of American Scientists' Secrecy News revealed a Congressional Research Service report issued yesterday concluding that the president may have acted illegally in waiving those wage protections. CRS states that the September 8 presidential declaration was "an anomaly," and it did not follow "the historical pattern of declaring a national emergency to activate the suspension authority."
The report concludes, "The propriety of the President's action in this case may be ultimately determined in the courts."
The Davis-Bacon Act prohibits the federal government from undercutting prevailing wages in areas where the federal government is contracting for work. The administration is required to ensure that its contracts establish minimum wages for workers that comport with the prevailing wage of the area.
Posted by Adam Hughes
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