I 
112TH CONGRESS 
1ST SESSION H. R. 3254 
To amend the Housing and Urban Development Act of 1968 to ensure 
access to employment opportunities for low-income persons. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 25, 2011 
Ms. VELA´ZQUEZ introduced the following bill; which was referred to the 
Committee on Financial Services 
A BILL 
To amend the Housing and Urban Development Act of 1968 
to ensure access to employment opportunities for low- 
income persons. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Affordable Commu-
nities Employment Act of 2011’’. 
SEC. 2. ECONOMIC OPPORTUNITIES FOR LOW-INCOME PER-
SONS. 
(a) IN GENERAL.—Section 3 of the Housing and 
Urban Development Act of 1968 (12 U.S.C. 1701u) is 
amended to read as follows: 
VerDate Mar 15 2010 
00:42 Oct 26, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3254.IH
H3254
jbell on DSK7SPTVN1PROD with BILLS
‘‘SEC. 3. OPPORTUNITIES FOR LOW- AND VERY LOW-IN-
COME PERSONS. 
‘‘(a) FINDINGS.—The Congress finds that— 
‘‘(1) funds administered by the Department of 
Housing and Urban Development, particularly those 
intended for housing construction, rehabilitation, re-
pair, modernization, management, self-sufficiency, 
community development, and other public construc-
tion, provide State and local governments, housing 
providers, and other recipients of this Federal finan-
cial assistance with substantial funds for projects 
and activities that produce significant economic op-
portunities for the communities where the funds are 
expended; 
‘‘(2) low- and very low-income persons, espe-
cially recipients of government assistance for hous-
ing, often face barriers to access training, employ-
ment, and contracting opportunities resulting from 
the expenditure of Federal funds in their commu-
nities; 
‘‘(3) training, employment, and contracting op-
portunities generated by projects and activities that 
receive assistance from the Department of Housing 
and Urban Development offer an effective means of 
empowering low- and very low-income persons and 
VerDate Mar 15 2010 
00:42 Oct 26, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3254.IH
H3254
jbell on DSK7SPTVN1PROD with BILLS
local businesses that provide training and job oppor-
tunities for them; 
‘‘(4) prior Federal efforts to direct training, 
employment, and contracting opportunities gen-
erated by programs administered by the Secretary of 
Housing and Urban Development to low- and very 
low-income persons, and businesses that provide 
training and job opportunities for these persons, 
have not been fully effective and should be intensi-
fied; and 
‘‘(5) funding provided to other Federal agencies 
may also produce significant employment and con-
tracting opportunities for the communities where the 
funds are expended; 
‘‘(b) POLICY.—It is the policy of the Congress and 
the purpose of this section to ensure that training, employ-
ment, and contracting opportunities generated by Federal 
financial assistance administered by the Secretary of 
Housing and Urban Development and other Federal agen-
cies, when feasible, shall be directed to low- and very low- 
income persons, particularly those who are recipients of 
government assistance for housing. 
‘‘(c) ADMINISTRATION.—There is established, in the 
Department of Housing and Urban Development, an Of-
fice of Economic Opportunities, for carrying out this sec-
VerDate Mar 15 2010 
00:42 Oct 26, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3254.IH
H3254
jbell on DSK7SPTVN1PROD with BILLS
tion. The Office of Economic Opportunities shall assume 
any functions and responsibilities relating to carrying out 
this section that, as of the date of enactment of the Af-
fordable Communities Employment Act of 2011, reside in 
the Office of Fair Housing and Equal Opportunity. 
‘‘(d) TRAINING.— 
‘‘(1) RECIPIENTS.—If any recipient of funds 
administered by the Department provides on-the-job 
or job-related training to any employee, new hire, or 
business in relation to the project or projects funded 
by the Department, priority shall be given to persons 
and qualified businesses who are eligible for priority 
under paragraphs (1) and (2), respectively, of sub-
section (g). 
‘‘(2) CONTRACTORS.—If any contractor that 
performs work connected to the expenditure of funds 
administered by the Department provides on-the-job 
training to any employee, new hire, or business in 
relation to the project or projects funded by the De-
partment, priority for such training should be given 
to persons and qualified businesses who are eligible 
for priority under paragraphs (1) and (2), respec-
tively of subsection (g). 
‘‘(3) APPROVED
TRAINING
PROGRAMS.—All 
training provided pursuant to this subsection shall 
VerDate Mar 15 2010 
00:42 Oct 26, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3254.IH
H3254
jbell on DSK7SPTVN1PROD with BILLS
be provided through a program approved by the 
Federal Government, by a State or local govern-
ment, or by an endorsed trade association, as such 
term is defined by the Secretary. Training in rela-
tion to the expenditure of funds received by the De-
partment may also refer to secondary, vocational, or 
higher education programs, as such terms are de-
fined by the Secretary of Education. Recipients and 
contractors shall be encouraged by the Secretary to 
provide training by providing performance incentives 
through the Department’s evaluation process. 
‘‘(4) PERFORMANCE INCENTIVES.—To encour-
age establishment of exemplary training programs 
for training provided pursuant to this subsection, 
the Secretary shall establish and award performance 
incentives, including through the Department’s eval-
uation process, to recipients and contractors estab-
lishing such exemplary training programs, including 
programs providing training that promotes career 
advancement for persons that receive priority under 
subsection (g). 
‘‘(e) EMPLOYMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall require 
that recipients of funds administered by the Depart-
ment, and their contractors and subcontractors, con-
VerDate Mar 15 2010 
00:42 Oct 26, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3254.IH
H3254
jbell on DSK7SPTVN1PROD with BILLS
sistent with existing Federal, State, and local laws 
and regulations, give priority to low- and very low- 
income persons for training and employment oppor-
tunities generated by such funds. To the extent that 
a recipient or contractor of funds awarded by the 
Department intends to enter into a project labor 
agreement, the project labor agreement shall include 
a strategy to comply with the requirements of this 
section. 
‘‘(2) REQUIREMENT
TO
EMPLOY
LOW- AND 
VERY LOW-INCOME PERSONS.— 
‘‘(A) CONDITION OF ASSISTANCE.—It shall 
be a condition of any assistance provided by the 
Secretary to recipients and their contractors 
and subcontractors, except in the case of rental 
subsidies provided in accordance with section 
8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)) (but not excepting fund-
ing provided in accordance with paragraph (13) 
of such section 8(o)) or other funding streams 
as determined by the Secretary, for work to be 
performed in connection with such funds, 
that— 
‘‘(i) for recipients, a minimum of 30 
percent of new hires in connection with 
VerDate Mar 15 2010 
00:42 Oct 26, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3254.IH
H3254
jbell on DSK7SPTVN1PROD with BILLS
such funds shall be low- and very low-in-
come persons who qualify for a priority 
under subsection (g)(1); and 
‘‘(ii) for contractors, 20 percent of all 
hours worked shall be performed by low- 
and very low-income persons who qualify 
for a priority under subsection (g)(1). 
Special consideration shall be given to persons 
enrolled in State-approved apprenticeship pro-
grams. The conditions under this subparagraph 
shall be applicable to, but not limited to, work 
such as repair, modernization, management, ad-
ministrative, professional services, as well as 
work related to housing rehabilitation, housing 
construction, or other public construction 
projects. Recipients that exceed the percentage 
required under this subparagraph shall receive 
performance incentives, as the Secretary shall 
establish, to encourage them to exceed such re-
quirements. 
‘‘(B) COMPLIANCE.—As a condition of any 
contract awarded for the work described in sub-
paragraph (A), any recipient, contractor, or 
subcontractor awarded such a contract shall— 
VerDate Mar 15 2010 
00:42 Oct 26, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3254.IH
H3254
jbell on DSK7SPTVN1PROD with BILLS
‘‘(i) ensure that all work in connection 
with their contract complies with the provi-
sions of this subsection; 
‘‘(ii) submit evidence to its awarding 
agency that clearly describes how compli-
ance with the employment requirements 
will be achieved; and 
‘‘(iii) submit evidence to its awarding 
agency that— 
‘‘(I) clearly describes actual out-
comes produced in fulfillment of the 
employment requirements of this sec-
tion; or 
‘‘(II)(aa) clearly shows that the 
recipient, contractor, or subcontractor 
used all feasible means to meet such 
employment requirements, including 
the specific actions taken to meet the 
employment requirements, and why 
such actions were not successful, and 
efforts to overcome deficiencies in 
such actions to meet the employment 
requirements, 
‘‘(bb) shows why the low- and 
very low-income persons applying for 
VerDate Mar 15 2010 
00:42 Oct 26, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3254.IH
H3254
jbell on DSK7SPTVN1PROD with BILLS