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103D CONGRESS

1ST SESSION H. R. 2257

To direct the heads of Federal agencies to provide local resident hiring

preferences in carrying out construction projects.

IN THE HOUSE OF REPRESENTATIVES

MAY 25, 1993

Mr. POSHARD introduced the following bill; which was referred to the

Committee on Government Operations

A BILL

To direct the heads of Federal agencies to provide local

resident hiring preferences in carrying out construction

projects.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. LOCAL HIRING PREFERENCE.

4 (a) INCLUSION IN CONTRACTS.—The head of each

5 Federal agency shall include in each contract entered into

6 for carrying out a construction project a provision requir7 ing the contractor to ensure that preference in hiring for

8 work under the contract is given to qualified persons who

9 regularly reside in the area where the project is situated;

10 except—
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1 (1) to the extent that qualified persons regu2 larly residing in the area are not available;

3 (2) for the reasonable needs of the contractor

4 or subcontractor to employ supervisory or specially

5 experienced individuals necessary to assure execution

6 of the contract; or

7 (3) for the obligation of the contractor or sub8 contractor to offer employment to present or former

9 employees as the result of a lawful collective bar10 gaining agreement if the number of such employees

11 does not exceed 20 percent of the total number of

12 employees employed by the contractor or subcontrac13 tor for purposes of carrying out work under the

14 contract.

15 (b) IDENTIFICATION OF AREA; RESIDENCY GUIDE16 LINES.—For purposes of subsection (a), the Secretary of

17 Labor shall identify the geographic boundaries of each

18 area to which a preference applies and shall establish resi19 dency requirements or other guidelines for qualifying as

20 a person who regularly resides in the area.

21 (c) LIST OF AVAILABLE POSITIONS.—Each contrac22 tor subject to subsection (a) shall be responsible for fur23 nishing a list of all positions for which the contractor or

24 a subcontractor may require laborers, mechanics, or other

25 employees under the contract to the United States Em-
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1 ployment Service office in the area in which the water re2 sources project is located. The contractor shall furnish the

3 list to the appropriate office prior to initiating work under

4 the contract and shall inform that office of any revisions

5 to the list in a timely manner.

6 (d) CONTRACTOR REPORTS.—

7 (1) DATES OF SUBMISSION.—Each contractor

8 subject to subsection (a) shall submit calendar year

9 quarterly reports to the contracting officer of the

10 concerned Federal agency by the 10th of the month

11 following the end of each quarter of the calendar

12 year.

13 (2) CONTENTS.—The reports shall state the

14 total number of employees employed by the contrac15 tor or subcontractor for carrying out work under the

16 contract and shall state the number of employees

17 who regularly reside within commuting distance of

18 the site of the work. If the number of nonresident

19 employees employed by the contractor or any sub20 contractor exceeds 20 percent of the total number of

21 employees employed by the contractor or subcontrac22 tor, the contractor shall include a statement in the

23 report indicating what steps the contractor has

24 taken or plans to take to increase the number of

25 resident employees.
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1 (e) APPLICABILITY.—This section shall apply to all

2 construction projects authorized before, on, or after the

3 date of the enactment of this Act and all contracts entered

4 into to carry out such a project on or after such date of

5 enactment.

6 (f) DEFINITIONS.—For purposes of this Act, the fol7 lowing definitions apply:

8 (1) CONSTRUCTION PROJECT.—The term ‘‘con9 struction project’’ means any project carried out by

10 a Federal agency in whole or in part with funds ap11 propriated from the Treasury of the United States

12 which involves construction (including reconstruc13 tion, rehabilitation, or restoration) of any building or

14 facility and includes any water resources project and

15 any project for construction of a public building.

16 (2) FEDERAL AGENCY.—The term ‘‘Federal

17 agency’’ has the meaning the term ‘‘executive agen18 cy’’ has under section 105 of title 5, United States

19 Code.

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