(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 of laborers
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
wage rates under Title I of the Housing
and Community Development Act of
1974 (including Community Development
Block Grants, section 108 loan
guarantees, and Urban Development
Action Grants), under section 12 of the
United States Housing Act of 1937 (public
housing development and operation
and section 8 projects), and under section
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 section
801 of NAHA. This part also implements
other provisions that provide an
exemption for volunteers, including
section 286 of NAHA (the HOME program),
section 202 of the House Act of
1959, as amended by NAHA (supportive
housing for the elderly), and any laterenacted
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 volunteers
that are not otherwise employed
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 projects only), 221(h)(1) (but
only where a nonprofit organization
undertakes the construction), 235(j)(1)
(but only where a nonprofit organization
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
housing under section 402 of the Housing
Act of 1950.
(c) This part provides definitions and
procedures for determining allowable
payments to volunteers, determining
who is a bona fide volunteer, and otherwise
implementing exemptions from and waivers of prevailing wage requirements
where volunteers are employed.