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103D CONGRESS
1ST SESSION
H. R. 2149
To modify the project for replacement of Locks and Dams 52 and 53,
Lower Ohio River, Illinois and Kentucky, to provide a local resident
hiring preference.
IN THE HOUSE OF REPRESENTATIVES
MAY 19, 1993
Mr. BARLOW introduced the following bill; which was referred to the
Committee on Public Works and Transportation
A BILL
To modify the project for replacement of Locks and Dams
52 and 53, Lower Ohio River, Illinois and Kentucky,
to provide a local resident hiring preference.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PROJECT MODIFICATION.
(a) LOCAL HIRING PREFERENCE.—The project for
navigation, Lower Ohio River, Locks and Dams 52 and
53, Illinois and Kentucky, authorized by section 3(a)(6)
of the Water Resources Development Act of 1988 (102
Stat. 4013), is modified to direct the Secretary of the
Army to include in all contracts entered into for carrying
out the project a provision requiring the contractor to en-
sure 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 the area
to which the 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) applies shall be responsible
for furnishing a list of all positions for which the contrac-
tor or a subcontractor may require laborers, mechanics,
or other employees under the contract to the United
States Employment Service office in the area in which the
project described in subsection (a) is located. The contrac-
tor 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
Army Corps of Engineers 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.
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