I 
112TH CONGRESS 
1ST SESSION H. R. 1766 
To ensure efficiency and fairness in the awarding of Federal contracts in 
connection with natural disaster reconstruction efforts. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2011 
Mr. BOUSTANY introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform 
A BILL 
To ensure efficiency and fairness in the awarding of Federal 
contracts in connection with natural disaster reconstruc-
tion efforts. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Local Disaster Con-
tracting Fairness Act of 2011’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) EXECUTIVE AGENCY.—The term ‘‘executive 
agency’’ has the meaning given such term in section 
133 of title 41, United States Code. 
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(2) LOCAL SUBCONTRACTOR.—The term ‘‘local 
subcontractor’’ means, with respect to a contract, a 
subcontractor who has a principal place of business 
or regularly conducts operations in the area in which 
work is to be performed under the contract by the 
subcontractor. 
(3) NATURAL DISASTER RECONSTRUCTION EF-
FORTS.—The term ‘‘natural disaster reconstruction 
efforts’’ means reconstruction efforts undertaken in 
an area subject to a declaration by the President of 
a major disaster under section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170). 
SEC. 3. FEDERAL CONTRACTING REQUIREMENTS. 
(a) IN GENERAL.—The head of an executive agency 
may not enter into an agreement for debris removal or 
demolition services in connection with natural disaster re-
construction efforts unless the agreement specifies that— 
(1) all of the work under the contract will be 
performed by the prime contractor or 1 or more sub-
contractors at 1 tier under the contract; 
(2) any work performed under the contract by 
subcontractors will be performed by local sub-
contractors, except to the extent that local sub-
contractors are not available to perform such work; 
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(3) the prime contractor will act as the project 
manager or construction manager for the contract; 
and 
(4) the prime contractor— 
(A) has primary responsibility for man-
aging all work under the contract; and 
(B) will be paid a certain percentage of the 
overall value of the contract as sole compensa-
tion for assuming the risk associated with such 
responsibility. 
(b) PREFERENCE FOR SUBCONTRACTORS AFFECTED 
BY NATURAL DISASTERS.—In entering into an agreement 
for debris removal or demolition services in connection 
with natural disaster reconstruction efforts, the head of 
an executive agency shall give a preference in the source 
selection process to each offeror who certifies that any 
work that is to be performed under the contract by sub-
contractors will be performed by local subcontractors. 
SEC. 4. APPLICABILITY. 
The requirements under section 3 shall apply to 
agreements entered into on or after the date of the enact-
ment of this Act. 
Æ 
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