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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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LOCAL HIRING PREFERENCE.
(a) INCLUSION IN CONTRACTS.—The head of each
Federal agency shall include in each contract entered into
for carrying out a construction project a provision requir-
ing the contractor to ensure that preference in hiring for
work under the contract is given to qualified persons who
regularly reside in the area where the project is situated;
except—
(1) to the extent that qualified persons regu-
larly residing in the area are not available;
(2) for the reasonable needs of the contractor
or subcontractor to employ supervisory or specially
experienced individuals necessary to assure execution
of the contract; or
(3) for the obligation of the contractor or sub-
contractor to offer employment to present or former
employees as the result of a lawful collective bar-
gaining agreement if the number of such employees
does not exceed 20 percent of the total number of
employees employed by the contractor or subcontrac-
tor for purposes of carrying out work under the
contract.
(b) IDENTIFICATION OF AREA; RESIDENCY GUIDE-
LINES.—For purposes of subsection (a), the Secretary of
Labor shall identify the geographic boundaries of each
area to which a preference applies and shall establish resi-
dency requirements or other guidelines for qualifying as
a person who regularly resides in the area.
(c) LIST OF AVAILABLE POSITIONS.—Each contrac-
tor subject to subsection (a) shall be responsible for fur-
nishing a list of all positions for which the contractor or
a subcontractor may require laborers, mechanics, or other
employees under the contract to the United States Em-
ployment Service office in the area in which the water re-
sources project is located. The contractor shall furnish the
list to the appropriate office prior to initiating work under
the contract and shall inform that office of any revisions
to the list in a timely manner.
(d) CONTRACTOR REPORTS.—
(1) DATES OF SUBMISSION.—Each contractor
subject to subsection (a) shall submit calendar year
quarterly reports to the contracting officer of the
concerned Federal agency by the 10th of the month
following the end of each quarter of the calendar
year.
(2) CONTENTS.—The reports shall state the
total number of employees employed by the contrac-
tor or subcontractor for carrying out work under the
contract and shall state the number of employees
who regularly reside within commuting distance of
the site of the work. If the number of nonresident
employees employed by the contractor or any sub-
contractor exceeds 20 percent of the total number of
employees employed by the contractor or subcontrac-
tor, the contractor shall include a statement in the
report indicating what steps the contractor has
taken or plans to take to increase the number of
resident employees.
(e) APPLICABILITY.—This section shall apply to all
construction projects authorized before, on, or after the
date of the enactment of this Act and all contracts entered
into to carry out such a project on or after such date of
enactment.
(f) DEFINITIONS.—For purposes of this Act, the fol-
lowing definitions apply:
(1) CONSTRUCTION PROJECT.—The term ‘‘con-
struction project’’ means any project carried out by
a Federal agency in whole or in part with funds ap-
propriated from the Treasury of the United States
which involves construction (including reconstruc-
tion, rehabilitation, or restoration) of any building or
facility and includes any water resources project and
any project for construction of a public building.
(2) FEDERAL
AGENCY.—The term ‘‘Federal
agency’’ has the meaning the term ‘‘executive agen-
cy’’ has under section 105 of title 5, United States
Code.
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