§ 4114. Treatment of program income and labor standards
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/usc/title-25/section-4114A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Program income
(1)Authority to retain Notwithstanding any other provision of this chapter, a recipient may retain any program income that is realized from any grant amounts under this chapter if—
(A)such income was realized after the initial disbursement of the grant amounts received by the recipient; and
(B)the recipient has agreed that it will utilize such income for housing related activities in accordance with this chapter.
(2)Prohibition of restricted access or reduction of grant The Secretary may not restrict access to or reduce the grant amount for any Indian tribe based solely on—
(A)whether the recipient for the tribe retains program income under paragraph (1);
(B)the amount of any such program income retained;
(C)whether the recipient retains reserve amounts described in section 4140 of this title; or
(D)whether the recipient has expended retained program income for housing-related activities.
(3)Exclusion of amounts The Secretary may, by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with the requirements of this subsection would create an unreasonable administrative burden on the recipient.
(4)Exclusion from program income of regular developer’s fees for low-income housing tax credit projects Notwithstanding any other provision of this chapter, any income derived from a regular and customary developer’s fee for any project that receives a low-income housing tax credit under section 42 of title 26, and that is initially funded using a grant provided under this chapter, shall not be considered to be program income if the developer’s fee is approved by the State housing credit agency.
(b)Labor standards
(1)In general Any contract or agreement for assistance, sale, or lease pursuant to this chapter shall contain a provision requiring that not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State, tribal, or local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, and technicians employed in the development, and all maintenance laborers and mechanics employed in the operation, of the affordable housing project involved; and shall also contain a provision that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to sections 3141–3144, 3146, and 3147 of title 40, shall be paid to all laborers and mechanics employed in the development of the affordable housing involved, and the Secretary shall require certification as to compliance with the provisions of this paragraph before making any payment under such contract or agreement.
(2)Exceptions Paragraph
(1)and the provisions relating to wages (pursuant to paragraph (1)) in any contract or agreement for assistance, sale, or lease pursuant to this chapter, shall not apply to any individual who receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and who is not otherwise employed at any time in the construction work.
(3)Application of tribal laws Paragraph
(1)shall not apply to any contract or agreement for assistance, sale, or lease pursuant to this chapter, if such contract or agreement is otherwise covered by one or more laws or regulations adopted by an Indian tribe that requires the payment of not less than prevailing wages, as determined by the Indian tribe.
(Pub. L. 104–330, title I, § 104, Oct. 26, 1996, 110 Stat. 4027; Pub. L. 106–568, title X, § 1003(j), Dec. 27, 2000, 114 Stat. 2930; Pub. L. 106–569, title V, § 503(i), Dec. 27, 2000, 114 Stat. 2965; Pub. L. 107–292, § 5, Nov. 13, 2002, 116 Stat. 2054; Pub. L. 109–136, § 3, Dec. 22, 2005, 119 Stat. 2644; Pub. L. 110–411, title I, § 104, Oct. 14, 2008, 122 Stat. 4323.)
Connections27 cite this · traces to 3
Cited by 27 sections
U.S. Code
statutes-at-large
- Public Law 106–569To expand homeownership in the United States, and for other purposes
- Public Law 104–330To provide Federal assistance for Indian tribes in a manner that recognizes the right of tribal self-governance, and for other purposes
- Public Law 109–136To amend the Native American Housing Assistance and Self-Determination Act of 1996 and other Acts to improve housing programs for Indians
- Public Law 111–32Making supplemental appropriations for the fiscal year ending September 30, 2009, and for other purposes
- Public Law 106–568To authorize the construction of a Wakpa Sica Reconciliation Place in Fort Pierre, South Dakota, and for other purposes
- Public Law 110–411To reauthorize the programs for housing assistance for Native Americans
- Public Law 107–292To reauthorize the Native American Housing Assistance and Self-Determination Act of 1996
bill
- Sec. 101Treatment of program income and labor standards
- Sec. 103Treatment of labor standards
- Sec. 101Treatment of program income and labor standards
- Sec. 101Treatment of program income and labor standards
- Sec. 101Treatment of program income and labor standards
- Sec. 3Multiple wage rate determinations
- Sec. 7Native American Housing Assistance and Self-Determination Act of 1996
- Sec. 3Multiple wage rate determinations
- Sec. 7Native American Housing Assistance and Self-Determination Act of 1996
- Sec. 3Multiple wage rate determinations
- Sec. 7Native American Housing Assistance and Self-Determination Act of 1996
- Sec. 3Multiple wage rate determinations
- Sec. 7Native American Housing Assistance and Self-Determination Act of 1996
- Sec. 3Multiple wage rate determinations
- Sec. 7Native American Housing Assistance and Self-Determination Act of 1996
Traces to 3 documents
30 references not yet in our index
- Pub. L. 104–330, title I, § 104
- 110 Stat. 4027
- Pub. L. 106–568, title X, § 1003(j)
- 114 Stat. 2930
- Pub. L. 106–569, title V, § 503(i)
- 114 Stat. 2965
- Pub. L. 107–292, § 5
- 116 Stat. 2054
- Pub. L. 109–136, § 3
- 119 Stat. 2644
- Pub. L. 110–411, title I, § 104
- 122 Stat. 4323
- Pub. L. 104–330
- 110 Stat. 4016
- 46 Stat. 1494
- 40 U.S.C. 276a
- Pub. L. 107–217, § 5(c)
- 116 Stat. 1303
- Pub. L. 110–411
- Pub. L. 109–136
- Pub. L. 107–292, § 5(1)(A)
- Pub. L. 107–292, § 5(1)(B)
- Pub. L. 107–292, § 5(2)(A)
- Pub. L. 107–292, § 5(2)(B)
- Pub. L. 106–568, § 1003(j)(1)
- Pub. L. 106–569, § 503(i)(1)
- 40 U.S.C. 276a–276a
- Pub. L. 106–568, § 1003(j)(2)
- Pub. L. 106–569, § 503(i)(2)
- section 107 of Pub. L. 104–330
Citation graph
cites case law
§ 4114
Treatment of program income and labor standards
Bills×15
Stat.×7
U.S.C.×3
Fed. Reg.×2
Pub. L.Pub. L. 104–330, title I, § 104
Stat.110 Stat. 4027
Pub. L.Pub. L. 106–568, title X, § 1003(j)
Stat.114 Stat. 2930
Pub. L.Pub. L. 106–569, title V, § 503(i)
Cites 33 · showing 8Cited by 27 across 4 sources