Councilmember David A. Catania
Councilmember Phil Mendelson
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmembers David Catania and Phil Mendelson introduced the following bill, which
was referred to the Committees on Economic Development and Government Operations
To amend the First Source Employment Act and the Washington Convention Center Act to
impose penalties on contractors who fail to comply with the requirement that 51 % of new
hires shall be District residents.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "51% District Residents New Hires Amendment Act of 1999".
Sec. 2. Section 4 of The District of Columbia First Source Employment
Agreement Act of 1984, effective June 24, 1984 (D.C. Law 5-93, D. C. Code §1-1161 et
seq.) is amended by adding a new subsection (c) to read as follows:
"(c)(1) The Chief Procurement Officer and any other District official charged with
procurement authority shall include in every procurement for a project of the District a
provision that 51 % of the contractor’s employees hired for the project after the date the
contractor enters into the contract with the District shall be District residents.
(2) Every contractor shall be required to document to the Mayor its compliance with
this subsection at the completion of its contract.
(3) Every contractor which fails to comply with this subsection shall be subject to a
penalty of 3% of the total amount of its contract and will be prohibited from receiving
new District contracts for a period of three years following the date of the assessment of
the financial penalty. Recovery made pursuant to this subsection shall be remitted to the
Department of Employment Services for job training programs, subject to appropriations by
Congress.
Sec. 3. Section 204(h) of the Washington Convention Center Authority
Act of 1994, effective September 28, 1994 (D.C. Law 10-188; D.C. Code §9-805(h)) is
amended by adding new sentences at the end to read as follows:
"Every contractor shall be required to document to the Authority compliance with
this subsection at the completion of its contract. Every contractor which fails to comply
with this section shall be subject to a penalty of 3% of the total amount of its contract
and will be prohibited from receiving new District contracts for a period of three years
following the date of the assessment of the financial penalty. Any recovery made pursuant
to this subsection shall be remitted to the Department of Employment Services for job
training, subject to appropriations by Congress.".
Sec. 4. This act shall have no fiscal impact.
Sec. 5. This act shall take effect following approval by the Mayor (or
in the event of veto by the Mayor, action by the Council to override the veto), approval
by the Financial Responsibility and Management Assistance Authority as provided in section
203(a) of the District of Columbia Financial Responsibility and Management Assistance Act
of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), a 30-day period
of Congressional review as provided in section 602(c)(1) of the District of Columbia Home
Rule Act, approved December 24, 1973 (87 Stat. 831; D.C. Code §1 -233(c)(1)), and
publication in the District of Columbia Register.