1、405 Office of the Secretary, HUD 70.1 actions by the recipient and the State or HUD (using procedures provided for in program regulations) to assure that decisions adopted through the environ-mental review process are carried out during project development and imple-mentation. (d) Responsibility for
2、 monitoring and training. (1) At least once every three years, HUD intends to conduct in-depth monitoring and exercise quality con-trol (through training and consulta-tion) over the environmental activities performed by responsible entities under this part. Limited monitoring of these environmental
3、activities will be con-ducted during each program moni-toring site visit. If through limited or in-depth monitoring of these environ-mental activities or by other means, HUD becomes aware of any environ-mental deficiencies, HUD may take one or more of the following actions: (i) In the case of proble
4、ms found dur-ing limited monitoring, HUD may schedule in-depth monitoring at an earlier date or may schedule in-depth monitoring more frequently; (ii) HUD may require attendance by staff of the responsible entity at HUD- sponsored or approved training, which will be provided periodically at various
5、locations around the country; (iii) HUD may refuse to accept the certifications of environmental compli-ance on subsequent grants; (iv) HUD may suspend or terminate the responsible entitys assumption of the environmental review responsi-bility; (v) HUD may initiate sanctions, cor-rective actions, or
6、 other remedies spec-ified in program regulations or agree-ments or contracts with the recipient. (2) HUDs responsibilities and action under paragraph (d)(1) of this section shall not be construed to limit or re-duce any responsibility assumed by a responsible entity with respect to any particular r
7、elease of funds under this part. Whether or not HUD takes action under paragraph (d)(1) of this section, the Certifying Officer remains the re-sponsible Federal official under 58.13 with respect to projects and activities for which the Certifying Officer has submitted a certification under this part
8、. PART 60PROTECTION OF HUMAN SUBJECTS AUTHORITY: 5 U.S.C. 301; 42 U.S.C. 300v1(b) and 3535(d). SOURCE: 61 FR 36463, July 10, 1996, unless otherwise noted. 60.101 Cross-reference. The provisions set forth at 45 CFR part 46, subpart A, concerning the pro-tection of human research subjects, apply to al
9、l research conducted, sup-ported, or otherwise subject to regula-tion by HUD. PART 70USE OF VOLUNTEERS ON PROJECTS SUBJECT TO DAVIS- BACON AND HUD-DETERMINED WAGE RATES Sec. 70.1 Purpose and authority. 70.2 Applicability. 70.3 Definitions. 70.4 Procedure for implementing prevailing wage exemptions f
10、or volunteers. 70.5 Procedure for obtaining HUD waiver of prevailing wage rates for volunteers. AUTHORITY: Sec. 955, Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 1437(j), 5310 and 12 U.S.C. 1701q(c)(3); Sec. 7(d) Department of Housing and Urban Develop-ment Act (42 U.S.C. 3535(d). SO
11、URCE: 57 FR 14756, Apr. 22, 1992, unless otherwise noted. 70.1 Purpose and authority. (a) This part implements section 955 of the National Affordable Housing Act (NAHA), which provides an exemption from the requirement to pay prevailing wage rates determined under the Davis-Bacon Act or (in the case
12、 of la-borers and mechanics employed in the operation of public housing projects, and architects, technical engineers, draftsmen and technicians employed in the development of public housing projects) determined or adopted by HUD, for volunteers employed on projects that are subject to prevailing wa
13、ge rates under Title I of the Housing and Community Development Act of 1974 (including Community Develop-ment Block Grants, section 108 loan guarantees, and Urban Development Action Grants), under section 12 of the VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00415 Fmt 8010 Sfmt 8010 Y
14、:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-406 24 CFR Subtitle A (4111 Edition) 70.2 United States Housing Act of 1937 (pub-lic housing development and operation and section 8 projects), an
15、d under sec-tion 202 of the Housing Act of 1959 for elderly and handicapped housing projects prior to the effective date of the amendment of section 202 by sec-tion 801 of NAHA. This part also imple-ments other provisions that provide an exemption for volunteers, including section 286 of NAHA (the H
16、OME pro-gram), section 202 of the House Act of 1959, as amended by NAHA (supportive housing for the elderly), and any later- enacted exemptions. (b) This part is also applicable to all HUD programs for which there is a statutory provision allowing HUD to waive Davis-Bacon wage rates for vol-unteers
17、that are not otherwise em-ployed at any time on the work for which the individual volunteers. These programs include section 811 of NAHA (supportive housing for persons with disabilities), FHA mortgage insurance programs under sections 221(d)(3) and (d)(4) (each with respect to cooperative housing p
18、rojects only), 221(h)(1) (but only where a nonprofit organization undertakes the construction), 235(j)(1) (but only where a nonprofit organiza-tion undertakes the construction), 231, 232, 236 and 242 of the National Housing Act, rehabilitation under section 312 of the Housing Act of 1964 and college
19、 housing under section 402 of the Hous-ing Act of 1950. (c) This part provides definitions and procedures for determining allowable payments to volunteers, determining who is a bona fide volunteer, and other-wise implementing exemptions from and waivers of prevailing wage require-ments where volunte
20、ers are employed. 70.2 Applicability. This part applies to all HUD pro-grams for which there is a statutory exemption from Davis-Bacon or HUD- determined prevailing wage rates for volunteers or a statutory provision al-lowing HUD waiver of Davis-Bacon pre-vailing wage rates for volunteers. The progr
21、ams to which this part applies in-clude the programs listed in section 70.1(a) and (b) and any other program for which a statutory exemption or HUD waiver provision for volunteers is enacted. This part does not, however, apply to HUD waivers of prevailing wage requirements under section 20 of the Un
22、ited States Housing Act of 1937 for public housing residents who volun-teer a portion of their labor (see 24 CFR 964.41). This part also does not apply to the contribution of labor by an eligible family under the Mutual Help Homeownership Opportunity Pro-gram for Indian families under section 202 of
23、 the United States Housing Act of 1937. 70.3 Definitions. (a) A volunteer, for purposes of this part, is an individual who performs service for a public or private entity for civic, charitable, or humanitarian reasons, without promise, expectation or receipt of compensation for services rendered, on
24、 a HUD-assisted or insured project which is subject to a require-ment to pay prevailing wage rates. (1) Individuals shall be considered volunteers only where their services are offered freely and without pressure and coercion, direct or implied, from an employer. (2) An individual shall not be consi
25、d-ered a volunteer if the individual is otherwise employed at any time in the construction or maintenance work for which the individual volunteers. (b) Expenses, reasonable benefits, or nominal fees may be provided to volun-teers without the status of the volun-teer being lost but only after a deter
26、-mination is made by HUD on a case-by- case basis by examining the total amount of payments made (expenses, benefits, fees) in the context of the eco-nomic realities of the particular situa-tion. Subject to this determination: (1) A payment for an expense may be received by a volunteer for items suc
27、h as uniform allowances or reimburse-ment for reasonable cleaning expenses or wear and tear on personal clothing worn while performing the volunteer work. Additionally, reimbursement for approximate out-of-pocket expenses for the cost of meals and transportation expenses may be made. (2) Reasonable
28、benefits may constitute inclusion of individual volunteers in group insurance plans (such as liabil-ity, health, life, disability, workers compensation) or pension plan or length of service awards. VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00416 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 2
29、23077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-407 Office of the Secretary, HUD 70.4 (3) A nominal fee is not a substitute for compensation and must not be tied to productivity. The decision as to what constitu
30、tes nominal must be made on a case-by-case basis and in the context of the economic realities of the situation. (4) The phrase economic realities means that in determining whether the fee described in paragraph (b)(3) of this section may be deemed nominal, the amount of the fee must be judged in the
31、 context of what paid workers doing the same work would earn in the par-ticular locality involved. For example, a payment made to a homeless volunteer in an amount which covers basic necessities but nonetheless rep-resents an insignificant amount when compared with local cost of living and real wage
32、s may be determined to be nominal for purposes of qualifying as a volunteer, provided the payment is not in fact a substitute for compensation and is not tied in any way to produc-tivity. (c) Prevailing wage rates, for purposes of this part, means: (1) Wage rates required to be paid to laborers and
33、mechanics employed in the construction (including rehabilita-tion) of a project (or in the case of pub-lic housing, the development of the project), as determined by the Sec-retary of Labor under the Davis-Bacon Act; (2) Wage rates required to be paid to laborers and mechanics employed in the operat
34、ion of a public housing project, as determined or adopted by the Secretary of HUD; and (3) Wage rates required to be paid to architects, technical engineers, draftsmen and technicians employed in the development of a public housing project, as determined or adopted by the Secretary of HUD. 70.4 Proc
35、edure for implementing pre-vailing wage exemptions for volun-teers. (a) This section applies to those HUD programs for which there is a statutory exemption for volunteers, as referenced in 70.1(a). (b) Local or State agencies or private parties whose employees are otherwise subject to Davis-Bacon or
36、 HUD-deter-mined prevailing wage rates which pro-pose to use volunteers and wish to pay the volunteers expenses, reasonable benefits, or nominal fees shall request a determination from HUD that these payments meet the criteria in 70.3(b). A written determination shall be pro-vided to the requester b
37、y the Depart-ment within ten days of receipt by the Department of sufficient information to allow for the determination. (c) A determination under paragraph (b) shall not be construed in any way as limiting the use of bona fide volun-teers on HUD-assisted construction, but rather is required to ensu
38、re that the Department performs its appro-priate responsibilities under Reorga-nization Plan No. 14 of 1950 and related Department of Labor Regulations in title 29 CFR part 5, regarding the ad-ministration and enforcement of the Davis-Bacon and Related Acts, and its responsibility for the administra
39、tion and enforcement of HUD-determined or adopted wage rates in the operation of public housing assisted under the United States Housing Act of 1937. (d) For a project covered by pre-vailing wage rate requirements in which all the work is to be done by vol-unteers and there are no paid construc-tion
40、 employees, the local or State funding agency (or, if none, the entity that employs the volunteers) shall record in the pertinent project file the name and address of the agency spon-soring the project, a description of the project (location, cost, nature of the work), and the number of volunteers a
41、nd the hours of work they performed. The entity responsible for recording this information shall also provide a copy of this information to HUD. (e) For a project covered by pre-vailing wage rate requirements in which there is to be a mix of paid workers and volunteers, the local or State funding ag
42、ency (or, if none, the entity responsible for generating cer-tified payrolls) shall provide HUD the information in paragraph (d) of this section, along with the names of the volunteers. (f) Volunteers who receive no ex-penses, benefits or fees described in (c) and are otherwise bona fide shall be re
43、-corded as in (d) or (e). VerDate Mar2010 08:31 Apr 29, 2011 Jkt 223077 PO 00000 Frm 00417 Fmt 8010 Sfmt 8010 Y:SGML223077.XXX 223077jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-408 24 CFR Subtitle A (4111 Edition
44、) 70.5 70.5 Procedure for obtaining HUD waiver of prevailing wage rates for volunteers. (a) This section applies to those HUD programs under which HUD is statu-torily authorized to waive prevailing wage requirements for volunteers, as referenced in 70.1(b). (b) Local or State agencies or private par
45、ties whose employees are otherwise subject to prevailing wage rates and which wish to use volunteers shall re-quest a waiver of prevailing wage re-quirements from HUD for the volun-teers. A request for waiver shall indi-cate that the proposed volunteers are volunteering their services for the pur-po
46、ses of lowering the costs of construc-tion. The request shall include infor-mation sufficient for HUD to make a determination, as required by statute, that any amounts saved through the use of volunteers are fully credited to the corporation, cooperative, or public body or agency undertaking the con
47、-struction and a determination that any payments to volunteers meet the cri-teria in section 70.3(b). Information re-garding the crediting of amounts saved is required in order to insure that the statutorily prescribed purpose of low-ering the costs of construction is ful-filled by passing savings f
48、rom the use of volunteers on to the sponsor or other body or agency undertaking the con-struction, rather than permitting the retention of any savings as a windfall by a contractor or subcontractor. A written waiver shall be provided to the requestor by the Department within ten days of receipt by t
49、he Department of sufficient information to meet the requirements for a waiver. (c) For a project covered by pre-vailing wage rate requirements in which all the work is to be done by vol-unteers and there are no paid construc-tion employees, the local or State funding agency (or, if none, the entity that employs the volunteers) shall record in the pertinent project file the name and address of the agency spon-soring the project, the name, location, and
