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12 U.S.C. § 1701uEconomic opportunities for low- and very low-income persons

submitted 58 years ago by Pub. L. 90-448 to r/title-12-BANKS-AND-BANKING · 1,032 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section directs housing and community-development assistance toward training, jobs, and contracts for low- and very low-income people, especially housing-assistance recipients. It sets priorities for residents and YouthBuild participants, defines relevant terms, requires consultation with other agencies, and requires regulations.

(a) Findings. Congress finds that: (1) federal housing and community-development programs give State and local governments and other federal-aid recipients substantial money for projects that create significant jobs and other economic opportunities; (2) low- and very low-income people, especially government housing-assistance recipients, often have limited access to those opportunities; (3) opportunities created by federally assisted projects can effectively empower those people; and (4) earlier federal efforts to direct those opportunities to them have not worked fully and should be strengthened. (b) Policy. Congress’s policy and this section’s purpose are to ensure, as far as feasible, that jobs and other economic opportunities created by federal housing and community-development assistance go to low- and very low-income people, especially housing-assistance recipients. (c) Employment (1) Public and Indian housing (A) In general. The Secretary must require public and Indian housing agencies, their contractors, and subcontractors to make their best efforts, consistent with federal, State, and local law, to give low- and very low-income people training and jobs created by development assistance under 42 U.S.C. § 1437c, operating assistance under § 1437g, and modernization grants under § 1437l. (B) Priority. These efforts must be directed in this order: (i) residents of the development receiving the assistance; (ii) residents of other developments managed by the agency spending the assistance; (iii) YouthBuild participants receiving assistance under 29 U.S.C. § 3226; and (iv) other low- and very low-income people living in the metropolitan area, or nonmetropolitan county, where the assistance is spent. (2) Other programs (A) In general. For other housing and community-development programs, the Secretary must ensure, as far as feasible and consistent with existing law, that training and jobs connected with housing rehabilitation, including lead-paint hazard reduction or abatement, housing construction, or other public construction go to low- and very low-income people living in the metropolitan area or nonmetropolitan county where the project is located. (B) Priority. When feasible, priority should go to such people living in the project’s service area or neighborhood and to YouthBuild participants receiving assistance under 29 U.S.C. § 3226. (d) Contracting (1) Public and Indian housing (A) In general. The Secretary must require agencies, contractors, and subcontractors to make their best efforts, consistent with existing law, to award contracts connected with assistance under 42 U.S.C. §§ 1437c, 1437g, and 1437l to business concerns that provide economic opportunities for low- and very low-income people. (B) Priority. The efforts must first target concerns providing opportunities for residents of the assisted development; then concerns providing opportunities for residents of other developments operated by the assisting agency; then YouthBuild programs under 29 U.S.C. § 3226; and then concerns providing opportunities for low- and very low-income people in the metropolitan area or nonmetropolitan county where assistance is provided. (2) Other programs (A) In general. For other programs, the Secretary must ensure, as far as feasible and consistent with existing law, that contracts connected with rehabilitation, lead-paint hazard reduction or abatement, housing construction, or other public construction are awarded to concerns providing economic opportunities for low- and very low-income people in the relevant metropolitan area or nonmetropolitan county. (B) Priority. When feasible, priority should go to concerns providing opportunities for such people in the project’s service area or neighborhood and to YouthBuild programs under 29 U.S.C. § 3226. (e) Definitions (1) “Low-income persons” and “very low-income persons” have the meanings of “low-income families” and “very low-income families” in 42 U.S.C. § 1437a(b)(2). (2) A “business concern that provides economic opportunities” is a concern that (A) provides opportunities for a class of people holding a majority controlling interest in it; (B) employs a substantial number of those people; or (C) meets other criteria the Secretary establishes. (f) Coordination. The Secretary must consult the Secretaries of Labor, Health and Human Services, and Commerce, the Small Business Administration Administrator, and any other federal agencies the Secretary considers necessary. (g) Regulations. Within 180 days after October 28, 1992, the Secretary must issue regulations implementing this section.
the actual law source: uscode.house.gov ↗public domain
(a) Findings

The Congress finds that—

(1)

Federal housing and community development programs provide State and local governments and other recipients of Federal financial assistance with substantial funds for projects and activities that produce significant employment and other economic opportunities;

(2)

low- and very low-income persons, especially recipients of government assistance for housing, often have restricted access to employment and other economic opportunities;

(3)

the employment and other economic opportunities generated by projects and activities that receive Federal housing and community development assistance offer an effective means of empowering low- and very low-income persons, particularly persons who are recipients of government assistance for housing; and

(4)

prior Federal efforts to direct employment and other economic opportunities generated by Federal housing and community development programs to low- and very low-income persons have not been fully effective and should be intensified.

(b) 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.

(c) Employment
(1) Public and Indian housing program
(A) In general

The 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 give to low- and very low-income persons the training and employment opportunities generated by development assistance provided pursuant to section 1437c of title 42, operating assistance provided pursuant to section 1437g of title 42, and modernization grants provided pursuant to section 1437l of title 42.1

(B) Priority

The efforts required under subparagraph (A) shall be directed in the following order of priority:

(i)

To residents of the housing developments for which the assistance is expended.

(ii)

To residents of other developments managed by the public or Indian housing agency that is expending the assistance.

(iii)

To participants in YouthBuild programs receiving assistance under section 3226 of title 29.

(iv)

To other low- and very low-income persons residing within the metropolitan area (or nonmetropolitan county) in which the assistance is expended.

(2) Other programs
(A) 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.

(B) Priority

Where 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 section 3226 of title 29.

(d) Contracting
(1) Public and Indian housing program
(A) In general

The 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 section 1437c of title 42, operating assistance provided pursuant to section 1437g of title 42, and modernization grants provided pursuant to section 1437l of title 42,1 to business concerns that provide economic opportunities for low- and very low-income persons.

(B) Priority

The efforts required under subparagraph (A) shall be directed in the following order of priority:

(i)

To business concerns that provide economic opportunities for residents of the housing development for which the assistance is provided.

(ii)

To business concerns that provide economic opportunities for residents of other housing developments operated by the public and Indian housing agency that is providing the assistance.

(iii)

To YouthBuild programs receiving assistance under section 3226 of title 29.

(iv)

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 provided.

(2) Other programs
(A) 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.

(B) Priority

Where 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 section 3226 of title 29.

(e) Definitions

For the purposes of this section the following definitions shall apply:

(1) Low- and very low-income persons

The 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 section 1437a(b)(2) of title 42.

(2) Business concern that provides economic opportunities

The term “a business concern that provides economic opportunities” means a business concern that—

(A)

provides economic opportunities for a class of persons that has a majority controlling interest in the business;

(B)

employs a substantial number of such persons; or

(C)

meets such other criteria as the Secretary may establish.

(f) 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.

(g) Regulations

Not later than 180 days after October 28, 1992, the Secretary shall promulgate regulations to implement this section.

Source credit: (Pub. L. 90–448, § 3, Aug. 1, 1968, 82 Stat. 476; Pub. L. 91–152, title IV, § 404, Dec. 24, 1969, 83 Stat. 395; Pub. L. 93–383, title I, § 118, Aug. 22, 1974, 88 Stat. 653; Pub. L. 96–399, title III, § 329, Oct. 8, 1980, 94 Stat. 1651; Pub. L. 102–550, title IX, § 915, Oct. 28, 1992, 106 Stat. 3878; Pub. L. 109–281, § 2(d)(1), Sept. 22, 2006, 120 Stat. 1181; Pub. L. 113–128, title V, § 512(p), July 22, 2014, 128 Stat. 1711.)

history & why it existsrecord from the source credit
  • 1968Enacted · Pub. L. 90-448 · 82 Stat. 476
  • 1969Amended · Pub. L. 91-152 · 83 Stat. 395
  • 1974Amended · Pub. L. 93-383 · 88 Stat. 653
  • 1980Amended · Pub. L. 96-399 · 94 Stat. 1651
  • 1992Amended · Pub. L. 102-550 · 106 Stat. 3878
  • 2006Amended · Pub. L. 109-281 · 120 Stat. 1181
  • 2014Amended · Pub. L. 113-128 · 128 Stat. 1711

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-448 on 1968-08-01.

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