Findings
Policy
It is the policy of the Congress and the purpose of this section to ensure that the employment and other economic opportunities generated by Federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing.
Employment
Public and Indian housing program
In general
section 1437c of title 42section 1437g of title 42l1
Priority
Other programs
In general
In other programs that provide housing and community development assistance, the Secretary shall ensure that, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the project is located.
Priority
section 3226 of title 29Where feasible, priority should be given to low- and very low-income persons residing within the service area of the project or the neighborhood in which the project is located and to participants in YouthBuild programs receiving assistance under .
Contracting
Public and Indian housing program
In general
section 1437c of title 42section 1437g of title 42l1The Secretary shall require that public and Indian housing agencies, and their contractors and subcontractors, make their best efforts, consistent with existing Federal, State, and local laws and regulations, to award contracts for work to be performed in connection with development assistance provided pursuant to , operating assistance provided pursuant to , and modernization grants provided pursuant to section 1437 of title 42, to business concerns that provide economic opportunities for low- and very low-income persons.
Priority
Other programs
In general
In providing housing and community development assistance pursuant to other programs, the Secretary shall ensure that, to the greatest extent feasible, and consistent with existing Federal, State, and local laws and regulations, contracts awarded for work to be performed in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the assistance is expended.
Priority
section 3226 of title 29Where feasible, priority should be given to business concerns which provide economic opportunities for low- and very low-income persons residing within the service area of the project or the neighborhood in which the project is located and to YouthBuild programs receiving assistance under .
Definitions
Low- and very low-income persons
section 1437a(b)(2) of title 42The terms “low-income persons” and “very low-income persons” have the same meanings given the terms “low-income families” and “very low-income families”, respectively, in .
Business concern that provides economic opportunities
Coordination with other Federal agencies
The Secretary shall consult with the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Commerce, the Administrator of the Small Business Administration, and such other Federal agencies as the Secretary determines are necessary to carry out this section.
Regulations
Not later than 180 days after , the Secretary shall promulgate regulations to implement this section.
Pub. L. 90–448, § 382 Stat. 476Pub. L. 91–152, title IV, § 40483 Stat. 395Pub. L. 93–383, title I, § 11888 Stat. 653Pub. L. 96–399, title III, § 32994 Stat. 1651Pub. L. 102–550, title IX, § 915106 Stat. 3878Pub. L. 109–281, § 2(d)(1)120 Stat. 1181Pub. L. 113–128, title V, § 512(p)128 Stat. 1711(, , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
lPub. L. 105–276, title V, § 522(a)112 Stat. 2564Section 1437 of title 42, referred to in subsecs. (c)(1)(A) and (d)(1)(A), was repealed by , , .
Codification
Section was enacted as part of the Housing and Urban Development Act of 1968, and not as part of the National Housing Act which comprises this chapter.
Pub. L. 102–550, referred to in subsec. (g), was in the original “the date of enactment of the National Affordable Housing Act Amendments of 1992”, and was translated as meaning the date of enactment of the Housing and Community Development Act of 1992, , which amended this section generally, to reflect the probable intent of Congress.
Amendments
Pub. L. 113–128, § 512(p)(1)(A)section 3226 of title 29section 2918a of title 292014—Subsec. (c)(1)(B)(iii). , substituted “participants in YouthBuild programs receiving assistance under ” for “participants in YouthBuild programs receiving assistance under ”.
Pub. L. 113–128, § 512(p)(1)(B)section 3226 of title 29section 2918a of title 29Subsec. (c)(2)(B). , substituted “participants in YouthBuild programs receiving assistance under ” for “participants in YouthBuild programs receiving assistance under ”.
Pub. L. 113–128, § 512(p)(2)(A)section 3226 of title 29section 2918a of title 29Subsec. (d)(1)(B)(iii). , substituted “To YouthBuild programs receiving assistance under ” for “To YouthBuild programs receiving assistance under ”.
Pub. L. 113–128, § 512(p)(2)(B)section 3226 of title 29section 2918a of title 29Subsec. (d)(2)(B). , substituted “to YouthBuild programs receiving assistance under ” for “to YouthBuild programs receiving assistance under ”.
Pub. L. 109–281section 2918a of title 292006—Subsecs. (c)(1)(B)(iii), (2)(B), (d)(1)(B)(iii), (2)(B). substituted “YouthBuild programs receiving assistance under ” for “Youthbuild programs receiving assistance under subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act”.
Pub. L. 102–5501992— amended section generally. Prior to amendment, section read as follows: “In the administration by the Secretary of Housing and Urban Development of programs providing direct financial assistance, including community development block grants under title I of the Housing and Community Development Act of 1974, in aid of housing, urban planning, development, redevelopment, or renewal, public or community facilities, and new community development, the Secretary shall—
“(1) require, in consultation with the Secretary of Labor, that to the greatest extent feasible opportunities for training and employment arising in connection with the planning and carrying out of any project assisted under any such program be given to lower income persons residing within the unit of local government or the metropolitan area (or nonmetropolitan county), as determined by the Secretary, in which the project is located; and
“(2) require, in consultation with the Administrator of the Small Business Administration, that to the greatest extent feasible contracts for work to be performed in connection with any such project be awarded to business concerns, including but not limited to individuals or firms doing business in the field of planning, consulting, design, architecture, building construction, rehabilitation, maintenance or repair, which are located in or owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project.”
Pub. L. 96–399, § 329(1)1980—Par. (1). , substituted “residing within the unit of local government or the metropolitan area (or nonmetropolitan county), as determined by the Secretary, in which the project is located” for “residing in the area of such project”.
Pub. L. 96–399, § 329(2)Par. (2). , substituted “residing in the same metropolitan area (or nonmetropolitan county) as the project” for “residing in the area of such project”.
Pub. L. 93–3831974— inserted reference to community development block grants under title I of the Housing and Community Development Act of 1974.
Pub. L. 91–152l1969— substituted provisions making applicable programs providing direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal, public or community facilities, and new community development, for provisions making applicable programs authorized by sections 1715(d)(3), 1715z, and 1715z–1 of this title, the low-rent public housing program under the United States Housing Act of 1937, and the rent supplement program under section 101 of the Housing and Urban Development Act of 1965.
Statutory Notes and Related Subsidiaries
Effective Date of 2014 Amendment
Pub. L. 113–128section 506 of Pub. L. 113–128section 3101 of Title 29Amendment by effective on the first day of the first full program year after (), see , set out as an Effective Date note under , Labor.
Effective Date of 2006 Amendment
Pub. L. 109–281, § 2(f)120 Stat. 1182
Effectiveness Study
Pub. L. 102–550, title IX, § 916106 Stat. 3881, , , provided that the Secretary of Housing and Urban Development should submit to Congress no later than 1 year after , a report describing efforts to enforce this section and the costs and barriers to full implementation of this section, coupled with legislative recommendations.