§ 4114. Treatment of program income and labor standards

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Native American Housing Assistance and Self-Determination Act of 1996

   Pub. L. 104–330 title I § 104 · 110 Stat. 4016

   Enacted · 25 U.S.C. § 4114

   Pub. L. 104–330, title I, § 104, Oct. 26, 1996, 110 Stat. 4027

   Source evidence

   Code source credit
   Pub. L. 104–330, title I, § 104, Oct. 26, 1996, 110 Stat. 4027

   Enacted provision · exact public law section
   SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS. (a) Program Income.— (1) Authority to retain.— A recipient may retain any program income that is realized from any grant amounts under this Act 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 the program income for affordable housing activities in accordance with the provisions of this Act. (2) Prohibition of reduction of grant.— The Secretary may not 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; or (C) whether the recipient retains reserve amounts described in section 210. (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. (b) Labor Standards.— (1) In general.— Any contract or agreement for assistance, sale, or lease pursuant to this Act 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 the Davis-Bacon Act (40 U.S.C. 276a–276a–5), 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 Act, 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.

2. 2000

   Omnibus Indian Advancement Act

   Pub. L. 106–568 § 1003(j)(1) · 114 Stat. 2868

   1. Amended · 25 U.S.C. § 4114(b)(1)

      Pub. L. 106–568, § 1003(j)(1), and Pub. L. 106–569, § 503(i)(1), amended par. (1) identically

   2. Substituted · 25 U.S.C. § 4114(b)(1)

      Pub. L. 106–568, § 1003(j)(1), and Pub. L. 106–569, § 503(i)(1), substituting “Act of March 3, 1931 (commonly known as the Davis-Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C. 276a et seq.)” for “Davis-Bacon Act (40 U.S.C. 276a–276a–5)”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 106–568, § 1003(j)(1), and Pub. L. 106–569, § 503(i)(1), amended par. (1) identically, substituting “Act of March 3, 1931 (commonly known as the Davis-Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C. 276a et seq.)” for “Davis-Bacon Act (40 U.S.C. 276a–276a–5)”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking “Davis-Bacon Act (40 U.S.C. 276a-276a-5)” and inserting “Act of March 3, 1931 (commonly known as the Davis-Bacon Act; chapter 411; 46 Stat. 1494; 40 U.S.C. 276a et seq.)”; and

3. 2000

   Omnibus Indian Advancement Act

   Pub. L. 106–568 § 1003(j)(2) · 114 Stat. 2868

   1. Amended · 25 U.S.C. § 4114(b)(3)

      Pub. L. 106–568, § 1003(j)(2), and Pub. L. 106–569, § 503(i)(2), amended subsec. (b) identically

   2. Added · 25 U.S.C. § 4114(b)(3)

      Pub. L. 106–568, § 1003(j)(2), and Pub. L. 106–569, § 503(i)(2), adding par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 106–568, § 1003(j)(2), and Pub. L. 106–569, § 503(i)(2), amended subsec. (b) identically, adding par. (3).

   Enacted provision · exact public law section
   (2) by adding at the end the following new paragraph: “(3) Application of tribal laws.— Paragraph (1) shall not apply to any contract or agreement for assistance, sale, or lease pursuant to this Act, 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.”.

4. 2002

   Native American Housing Assistance and Self-Determination Reauthorization Act of 2002

   Pub. L. 107–292 § 5(1)(A) · 116 Stat. 2053

   Substituted · 25 U.S.C. § 4114(a)(1)

   Pub. L. 107–292, § 5(1)(A), substituted “Notwithstanding any other provision of this chapter, a recipient” for “A recipient” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 107–292, § 5(1)(A), substituted “Notwithstanding any other provision of this chapter, a recipient” for “A recipient” in introductory provisions.

   Enacted provision · exact public law section
   (A) by striking “A recipient” and inserting the following: “Notwithstanding any other provision of this Act, a recipient”; and

5. 2002

   Native American Housing Assistance and Self-Determination Reauthorization Act of 2002

   Pub. L. 107–292 § 5(1)(B) · 116 Stat. 2053

   1. Added · 25 U.S.C. § 4114(a)(1)(B)

      Pub. L. 107–292, § 5(1)(B), added subpar. (B)

   2. Struck · 25 U.S.C. § 4114(a)(1)(B)

      Pub. L. 107–292, § 5(1)(B), struck out former subpar. (B) which read as follows: “the recipient has agreed that it will utilize the program income for affordable housing activities in accordance with the provisions of this chapter.”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 107–292, § 5(1)(B), added subpar. (B) and struck out former subpar. (B) which read as follows: “the recipient has agreed that it will utilize the program income for affordable housing activities in accordance with the provisions of this chapter.”

   Enacted provision · exact public law section
   (B) by striking subparagraph (B) and inserting the following: “(B) the recipient has agreed that it will utilize such income for housing related activities in accordance with this Act.”; and

6. 2002

   Native American Housing Assistance and Self-Determination Reauthorization Act of 2002

   Pub. L. 107–292 § 5(2)(A) · 116 Stat. 2053

   Inserted · 25 U.S.C. § 4114(a)(2)

   Pub. L. 107–292, § 5(2)(A), inserted “restricted access or” before “reduction” in heading

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 107–292, § 5(2)(A), inserted “restricted access or” before “reduction” in heading.

   Enacted provision · exact public law section
   (A) in the heading, by inserting “Restricted Access or” before the word “Reduction”;

7. 2002

   Native American Housing Assistance and Self-Determination Reauthorization Act of 2002

   Pub. L. 107–292 § 5(2)(B) · 116 Stat. 2053

   Added · 25 U.S.C. § 4114(a)(2)(D)

   Pub. L. 107–292, § 5(2)(B)–(D), added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (a)(2)(D). Pub. L. 107–292, § 5(2)(B)–(D), added subpar. (D).

   Enacted provision · exact public law section
   (B) in subparagraph (B), by striking “or” at the end;

8. 2005

   Native American Housing Enhancement Act of 2005

   Pub. L. 109–136 § 3 · 119 Stat. 2643

   Inserted · 25 U.S.C. § 4114(a)(2)

   Pub. L. 109–136 inserted “restrict access to or” after “not” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 109–136 inserted “restrict access to or” after “not” in introductory provisions.

   Enacted provision · exact public law section
   SEC. 3. TREATMENT OF PROGRAM INCOME.   Section 104(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4114(a)(2)) is amended by inserting “restrict access to or” after “not”.

9. 2008

   Native American Housing Assistance and Self-Determination Reauthorization Act of 2008

   Pub. L. 110–411 title I § 104 · 122 Stat. 4319

   Added · 25 U.S.C. § 4114(a)(4)

   Pub. L. 110–411 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 110–411 added par. (4).

   Enacted provision · exact public law section
   SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.   Section 104(a) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4114(a)) is amended by adding at the end the following: “(4) Exclusion from program income of regular developer’s fees for low-income housing tax credit projects.— Notwithstanding any other provision of this Act, 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 the Internal Revenue Code of 1986, and that is initially funded using a grant provided under this Act, shall not be considered to be program income if the developer’s fee is approved by the State housing credit agency.” .

12 of 12 references resolved to an enrolled provision