§1486 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary can give money to a State, local government, Indian tribe, or certain nonprofits to build or fix up low-cost rental housing and nearby facilities for domestic farmworkers. The applicant must show there is a real need and that the project probably cannot be done without this help. The applicant must pay at least 10% of the total development cost. The housing must be practical, built to last, and not fancy. The federal share cannot be more than 90% of the development cost, after subtracting other money that can be used. Before getting money, the applicant must agree to rent limits set by the Secretary that consider tenants’ incomes and operating costs, to keep the housing safe and sanitary under local or Secretary rules, and to give farmworkers first choice for occupancy. Each unit and common area must have qualifying smoke alarms installed. The Secretary will write rules and include contract terms to prevent waste and to make sure funds are used as intended. No one type of applicant gets preferred treatment. Workers on construction must be paid local prevailing wages unless unpaid volunteers, and the Secretary must get assurances that these labor rules will be followed. Key defined terms (one line each): low-rent housing — rental homes affordable for low-income farmworkers, new or rehabilitated; related facilities and domestic farm labor — meanings given in section 1484; development cost — meaning given in section 1485; smoke alarm — as defined in another law; qualifying smoke alarm — older units (built before December 29, 2022) must be hardwired or have sealed 10-year nonreplaceable batteries that are tamper-resistant, have a silencing feature, and alert people with hearing loss; units built or heavily rehabbed after December 29, 2022 must have hardwired alarms. For areas with a strong need for migrant worker housing, the Secretary may pay up to 90% of development costs for housing used only by migrant workers while they are away from home; that housing must be safe, weatherproof, and have drinking water and modern toilets and bathing. The Secretary can use up to 10% of the yearly funds for grants to help nonprofits develop farmworker housing. If local need ends or shrinks, the housing may be used for other eligible tenants. The Secretary can also help projects that serve both migrant farmworkers and homeless people. That help can include an advance up to $400,000 for buying, rebuilding, or building housing, a grant up to $400,000 for moderate rehab, and yearly payments covering up to 75% of operating costs. The Secretary may raise the $400,000 limits to $800,000 in high-cost areas. Advances must be repaid on terms set by the Secretary if the housing stops being used for the approved purpose; recipients must repay 100% if the housing is used for fewer than 10 years, with the repay amount shrinking by 10 percentage points for each year after 10. Sales or other transfers within 20 years have limits to prevent undue benefit. Applicants must meet application rules, show need, promise to operate the housing for at least 10 years, get control of a site within 6 months (or lose the grant if not obtained within 1 year), and follow selection and reporting rules. No more than 5% of an advance or grant may be used for administration. Definitions used include applicant, homeless individual, migrant farmworker, and operating costs as described in the law.

Title 42, §1486

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Upon the application of any State or political subdivision thereof, or any Indian tribe, or any broad-based public or private nonprofit organization incorporated within the State, or any nonprofit organization of farmworkers incorporated within the State, the Secretary is authorized to provide financial assistance for the provision of low-rent housing and related facilities (which may be located any place within the State) for domestic farm labor, if he finds that—

(1)the housing and related facilities for which financial assistance is requested will fulfill a pressing need in the area in which such housing and facilities will be located, and there is reasonable doubt that the same can be provided without financial assistance under this section;

(2)the applicant will contribute, from its own resources or from funds borrowed under section 1484 of this title or elsewhere, at least 10 per centum of the total development cost;

(3)the types of housing and related facilities to be provided are most practicable, giving due consideration to the purposes to be served thereby and the needs of the occupants thereof, and such housing and facilities shall be durable and suitable for year-around occupancy or use, unless the Secretary finds that there is no need for such year-around occupancy or use in that area; and

(4)the construction will be undertaken in an economical manner, and the housing and related facilities will not be of elaborate or extravagant design or material.

(b)The amount of any financial assistance provided under this section for low-rent housing and related facilities shall not exceed 90 per centum of the total development cost thereof, as determined by the Secretary, less such amount as the Secretary determines can be practicably obtained from other sources (including a loan under section 1484 of this title).

(c)No financial assistance for low-rent housing and related facilities shall be made available under this section unless, to any extent and for any periods required by the Secretary, the applicant agrees—

(1)that the rentals charged domestic farm labor shall not exceed such amounts as may be approved by the Secretary, giving due consideration to the income and earning capacity of the tenants, and the necessary costs of operating and maintaining such housing;

(2)that such housing shall be maintained at all times in a safe and sanitary condition in accordance with such standards as may be prescribed by State or local law, or, in the absence of such standards, in accordance with such minimum requirements as the Secretary shall prescribe;

(3)an absolute priority will be given at all times in granting occupancy of such housing and facilities to domestic farm labor; and

(4)that such housing shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project containing such a dwelling unit.

(d)The Secretary may make payments pursuant to any contract for financial assistance under this section at such times and in such manner, as may be specified in the contract. In each contract, the Secretary shall include such covenants, conditions, or provisions as he deems necessary to insure that the housing and related facilities, for which financial assistance is made available, be used only in conformity with the provisions of this section.

(e)The Secretary shall prescribe regulations to insure that Federal funds expended under this section are not wasted or dissipated. The Secretary shall not give priority for funding under this section to any one of the groups listed in subsection (a) over any of the others so listed.

(f)All laborers and mechanics employed by contractors or subcontractors on projects assisted by the Secretary which are undertaken by approved applicants under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with section 3141–3144, 3146, and 3147 of title 40. The Secretary shall not extend any financial assistance under this section for any project without first obtaining adequate assurance that these labor standards will be maintained on the construction work; except that compliance with such standards may be waived by the Secretary in cases or classes of cases where laborers or mechanics, not otherwise employed at any time on the project, voluntarily donate their services without compensation for the purpose of lowering the costs of construction and the Secretary determines that any amounts thereby saved are fully credited to the person, corporation, association, organization, or other entity, undertaking the project. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 3145 of title 40.

(g)As used in this section—

(1)the term “low-rent housing” means rental housing within the financial reach of families of low income consisting of (A) new structures (including household furnishings) suitable for dwelling use by domestic farm labor, and (B) existing structures (including household furnishings) which can be made suitable for dwelling use by domestic farm labor by rehabilitation, alteration, conversion, or improvement;

(2)the terms “related facilities” and “domestic farm labor” shall have the meaning assigned to them in section 1484(f) of this title;

(3)the term “development cost” shall have the meaning assigned to it in section 1485(d)(4) 11 See References in Text note below. of this title;

(4)the term “domestic farm labor” has the meaning given such term in section 1484(f)(3) of this title;

(5)the term “smoke alarm” has the meaning given the term “smoke detector” in section 2225(d) of title 15; and

(6)the term “qualifying smoke alarm” means a smoke alarm that—

(A)in the case of a dwelling unit built before December 29, 2022, and not substantially rehabilitated after December 29, 2022—

(i)(I)is hardwired; or

(II)uses 10-year non rechargeable, nonreplaceable primary batteries and—

(aa)is sealed;

(bb)is tamper resistant; and

(cc)contains silencing means; and

(ii)provides notification for persons with hearing loss as required by the National Fire Protection Association Standard 72, or any successor standard; or

(B)in the case of a dwelling unit built or substantially rehabilitated after December 29, 2022, is hardwired.

(h)Notwithstanding the provisions of subsection (a)(3), the Secretary may, upon a finding of persistent need for migrant farmworker housing in any area, provide assistance to eligible applicants for 90 per centum of the development costs of such housing in such area to be used solely by migrant farmworkers while they are away from their residence. Such housing shall be constructed in such a manner as to be safe and weatherproof for the time it is to be occupied, be equipped with potable water and modern sanitation facilities (including a kitchen sink, toilet, and bathing facilities), and meet such other requirements as the Secretary may prescribe.

(i)The Secretary shall utilize not more than 10 per centum of the amounts available for any fiscal year for purposes of this section for financial assistance to eligible private and public nonprofit agencies to encourage the development of domestic and migrant farm labor housing projects under this subchapter.

(j)Housing and related facilities constructed with grants under this section may be used for tenants eligible for occupancy under section 1485 of this title if the Secretary determines that—

(1)there is no longer a need in the area for farm labor housing; or

(2)the need for such housing in the area has diminished to the extent that the purpose of the grant, providing housing for domestic farm labor, can no longer be met.

(k)(1)The Secretary may provide financial assistance for providing affordable rental housing and related facilities for migrant farmworkers and homeless individuals (and the families of such individuals) to applicants as provided in this subsection.

(2)(A)The Secretary may provide the following assistance for housing under this subsection:

(i)An advance, in an amount not to exceed $400,000, of the cost of acquisition, substantial rehabilitation, or acquisition and rehabilitation of an existing structure or construction of a new structure for use in the provision of housing under this subsection. The repayment of any outstanding debt owed on a loan made to purchase an existing structure shall be considered to be a cost of acquisition eligible for an advance under this subparagraph if the structure was not used for the purposes under this subsection prior to the receipt of assistance.

(ii)A grant, in an amount not to exceed $400,000, for moderate rehabilitation of an existing structure for use in the provision of housing under this subsection.

(iii)Annual payments for operating costs of such housing (without regard to whether the housing is an existing structure), not to exceed 75 percent of the annual operating costs of such housing.

(B)A recipient may receive assistance under both clauses (i) and (ii) of subparagraph (A). The Secretary may increase the limit contained in such clauses to $800,000 in areas which the Secretary finds have high acquisition and rehabilitation costs.

(C)Any advance provided under subparagraph (A)(i) shall be repaid on such terms as may be prescribed by the Secretary when the project ceases to be used as housing in accordance with the provisions of this subsection. Recipients shall be required to repay 100 percent of the advance if the housing is used for purposes under this subsection for fewer than 10 years following initial occupancy. If the housing is used for such purposes for more than 10 years, the percentage of the amount that shall be required to be repaid shall be reduced by 10 percentage points for each year in excess of 10 that the property is so used.

(D)Upon any sale or other disposition of housing acquired or rehabilitated with assistance under this subsection prior to the close of 20 years after the housing is placed in service, other than a sale or other disposition resulting in the use of the project for the direct benefit of low income persons or where all of the proceeds are used to provide housing for migrant farmworkers and homeless individuals (and the families of such individuals), the recipient shall comply with such terms and conditions as the Secretary may prescribe to prevent the recipient from unduly benefiting from the sale or other disposition of the project.

(3)(A)(i)Applications for assistance under this subsection shall be submitted by an applicant in such form and in accordance with such procedures as the Secretary shall establish.

(ii)The Secretary shall require that applications contain at a minimum (I) a description of the proposed housing, (II) a description of the size and characteristics of the population that would occupy the housing, (III) a description of any public and private resources that are expected to be made available in connection with the housing, (IV) a description of the housing needs for migrant farmworkers and homeless individuals (and the families of such individuals) in the area to be served by the housing, and (V) assurances satisfactory to the Secretary that the housing assisted will be operated for not less than 10 years for the purpose specified in the application.

(iii)The Secretary shall require that an application furnish reasonable assurances that the housing will be available for occupancy by homeless individuals (and the families of such individuals) only on an emergency and temporary basis during the offseason and shall be otherwise available for occupancy by migrant farmworkers (and their families).

(iv)The Secretary shall require that an application furnish reasonable assurances that the applicant will own or have control of a site for the proposed housing not later than 6 months after notification of an award for grant assistance. An applicant may obtain ownership or control of a suitable site different from the site specified in the application. If an applicant fails to obtain ownership or control of the site within 1 year after notification of an award for grant assistance, the grant shall be recaptured and reallocated.

(B)The Secretary shall establish selection criteria for a national competition for assistance under this subsection, which shall include—

(i)the ability of the applicant to develop and operate the housing;

(ii)the feasibility of the proposal in providing the housing;

(iii)the need for such housing in the area to be served;

(iv)the cost effectiveness of the proposed housing;

(v)the extent to which the project would meet the needs of migrant farmworkers and homeless individuals (and the families of such individuals) in the State;

(vi)the extent to which the applicant has control of the site of the proposed housing; and

(vii)such other factors as the Secretary determines to be appropriate for purposes of this subsection.

(C)The Secretary may not approve assistance for any housing under this subsection unless the applicant agrees—

(i)to operate the proposed project as housing for migrant farmworkers and homeless individuals (and the families of such individuals) in compliance with the provisions of this subsection and the application approved by the Secretary;

(ii)to monitor and report to the Secretary on the progress of the housing; and

(iii)to comply with such other terms and conditions as the Secretary may establish for purposes of this subsection.

(D)Each migrant farmworker and homeless individual residing in a facility assisted under this subsection shall pay as rent an amount determined in accordance with the provisions of section 1437a(a) of this title.

(4)(A)Not later than 120 days after November 28, 1990, the Secretary shall by notice establish such requirements as may be necessary to carry out the provisions of this subsection.

(B)No assistance received under this subsection (or any State or local government funds used to supplement such assistance) may be used to replace other public funds previously used, or designated for use, to assist homeless individuals (and the families of such individuals) or migrant farmworkers.

(5)No recipient may use more than 5 percent of an advance or grant received under this subsection for administrative purposes.

(6)

(7)For purposes of this subsection:

(A)The term “applicant” means a State, political subdivision thereof, Indian tribe, any private nonprofit organization incorporated within the State that has applied for a grant under this subsection.

(B)The term “homeless individual” has the same meaning given the term under section 11302 of this title.

(C)The term “migrant farmworker”—

(i)means any person (and the family of such person) who (I) receives a substantial portion of his or her income from primary production of agricultural or aquacultural commodities, the handling of such commodities in the unprocessed stage, or the processing of such commodities, without respect to the source of employment, and (II) establishes residence in a location on a seasonal or temporary basis, in an attempt to receive an income as described in subclause (I); and

(ii)includes any person (and the family of such person) who is retired or disabled, but who met the requirements of clause (i) at the time of retirement or becoming disabled.

(D)The term “operating costs” means expenses incurred by a recipient providing housing under this subsection with respect to the administration, maintenance, repair, and security of such housing and utilities, fuel, furnishings, and equipment for such housing.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Reorganization Plan Numbered 14 of 1950, referred to in subsec. (f), is set out in the Appendix to Title 5, Government Organization and Employees. section 1485(d)(4) of this title, referred to in subsec. (g)(3), was redesignated section 1485(e)(4) of this title by Pub. L. 100–242, title II, § 242(1), Feb. 5, 1988, 101 Stat. 1890. Codification In subsec. (f), “section 3141–3144, 3146, and 3147 of title 40” substituted for “the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)” and “section 3145 of title 40” substituted for “section 2 of the Act of

June 13, 1934, as amended (40 U.S.C. 276c)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. Subsec. (k)(6) of this section, which required the Secretary to submit an annual report to Congress summarizing the activities carried out under subsec. (k) and setting forth the findings, conclusions, and recommendations of the Secretary as a result of the activities, terminated, effective

May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 18 on page 103 of House Document No. 103–7.

Amendments

2022—Subsec. (c)(4). Pub. L. 117–328, § 601(f)(1), added par. (4). Subsec. (g)(5), (6). Pub. L. 117–328, § 601(f)(2), added pars. (5) and (6). 2000—Subsec. (k)(7)(B). Pub. L. 106–400 made technical amendment to reference in original act which appears in text as reference to section 11302 of this title. 1990—Subsec. (k). Pub. L. 101–625 added subsec. (k). 1988—Subsec. (g)(4). Pub. L. 100–242 added par. (4). Subsec. (j). Pub. L. 100–628 added subsec. (j). 1983—Subsec. (i). Pub. L. 98–181 added subsec. (i). 1980—Subsec. (a). Pub. L. 96–399 inserted reference to Indian tribe in provisions preceding par. (1). 1979—Subsec. (h). Pub. L. 96–153 added subsec. (h). 1978—Subsec. (e). Pub. L. 95–557 inserted “The Secretary shall not give priority for funding under this section to any one of the groups listed in subsection (a) over any of the others so listed”. 1970—Subsec. (a). Pub. L. 91–609, § 801(d)(1), authorized financial assistance for broad-based nonprofit organizations incorporated within the State and nonprofit organizations of farmworkers incorporated within the State and provided for low-rent housing and related facilities “(which may be located within the State)”. Subsec. (a)(2). Pub. L. 91–609, § 801(d)(2), substituted “10 per centum” for “one-third”. Subsec. (a)(3). Pub. L. 91–609, § 801(d)(3), inserted “, and such housing and facilities shall be durable and suitable for year-around occupancy or use, unless the Secretary finds that there is no need for such year-around occupancy or use in that area;”. Subsec. (b). Pub. L. 91–609, § 801(d)(4), substituted “90 per centum” for “two-thirds”. Subsec. (g)(1). Pub. L. 91–609, § 801(c), substituted “structures (including household furnishings)” for “structures” in cls. (A) and (B).

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 AmendmentAmendment by Pub. L. 117–328 effective 2 years after Dec. 29, 2022, see section 601(h) of div. AA of Pub. L. 117–328, set out as a note under section 1701q of Title 12, Banks and Banking.

Construction

of 2022 AmendmentNothing in amendment made by Pub. L. 117–328 to be construed to preempt or limit applicability of certain State or local laws relating to smoke alarms, see section 601(i) of div. AA of Pub. L. 117–328, set out as a note under section 1701q of Title 12, Banks and Banking.

§1486 Financial assistance to provide low-rent housing for domestic farm labor