[Congressional Record Volume 168, Number 54 (Monday, March 28, 2022)]
[Senate]
[Pages S1804-S1805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. THUNE (for himself and Mr. Moran):
  S. 3941. A bill to amend subchapter IV of chapter 31 of title 40, 
United States Code, regarding prevalent wage determinations in order to 
expand access to affordable housing, and for other purposes; to the 
Committee on Banking, Housing, and Urban Affairs.
  Mr. THUNE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3941

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Housing Supply Expansion 
     Act''.

     SEC. 2. UPDATES TO WAGE RATE CALCULATIONS.

       (a) In General.--Section 3142(b) of title 40, United States 
     Code, is amended by inserting ``or from geographic groupings 
     other than civil subdivisions of the State (which may include 
     metropolitan statistical areas or other groupings determined 
     appropriate by the Secretary)'' after ``in which the work is 
     to be performed''.
       (b) Changes to Survey Methodology.--Section 3142 of title 
     40, United States Code, is amended by adding at the end the 
     following:
       ``(f) Survey Information Collection.--By not later than 1 
     year after the date of enactment of the Housing Supply 
     Expansion Act, the Secretary shall--
       ``(1) review the Secretary's method of collecting survey 
     information for determining prevailing wages for purposes of 
     subsection (a); and
       ``(2) revise how such survey information is collected, 
     following a public notice and opportunity for public comment, 
     by--
       ``(A) including surveys that allow for reliable and 
     objective sources of data and a defendable methodology, which 
     may include information collected through Bureau of Labor 
     Statistics surveys; and
       ``(B) improving the percentage of businesses choosing to 
     participate in prevailing wage determination surveys and 
     ensuring proportional representation of businesses 
     represented by labor organizations and businesses not 
     represented by labor organizations in the prevailing wage 
     determination surveys that are completed.''.

     SEC. 3. MULTIPLE WAGE RATE DETERMINATIONS.

       Section 3142 of title 40, United States Code, as amended by 
     section 2, is further amended by adding at the end the 
     following:
       ``(g) Federal Housing Acts.--A determination of prevailing 
     wages by the Secretary of Labor applicable under section 
     212(a) of the National Housing Act (12 U.S.C. 1715c(a)), 
     section 104(b)(1) of the Native American Housing Assistance 
     and Self Determination Act of 1996 (25 U.S.C. 4114(b)(1)), 
     section 12(a) of the United States Housing Act of 1937 (42 
     U.S.C. 1437j(a)), or section 811(j)(5) of the Cranston-
     Gonzalez National Affordable Housing Act (42 U.S.C. 
     8013(j)(5)) shall be limited to 1 wage rate determination 
     under subsection (b) of this section that corresponds to the 
     overall residential character of the project.''.

     SEC. 4. DAVIS-BACON MODERNIZATION WORKING GROUP.

       (a) Definition.--In this section, the term ``Davis-Bacon 
     Modernization Working Group'' means the working group 
     established under subsection (b)(1).
       (b) Establishment.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the

[[Page S1805]]

     Secretary of Labor, in consultation with the Secretary of 
     Housing and Urban Development, shall establish within the 
     Department of Labor, a Davis-Bacon Modernization Working 
     Group to recommend the update and modernization of certain 
     requirements under subchapter IV of chapter 31 of title 40, 
     United States Code, as described in subsection (c).
       (2) Date of establishment.--The Davis-Bacon Modernization 
     Working Group shall be considered established on the date on 
     which a majority of the members of the Davis-Bacon Working 
     Group have been appointed, consistent with subsection (d).
       (c) Duties.--The Davis-Bacon Modernization Working Group 
     shall--
       (1) recommend whether, and if so by how much, the 
     residential classification can be applied to affordable 
     housing units with 5 stories or more for purposes of 
     prevailing wage determinations under subchapter IV of chapter 
     31 of title 40, United States Code;
       (2) develop administrative and legislative recommendations 
     of ways, and for what specific circumstances in which, the 
     prevailing wage rate requirements under subchapter IV of 
     chapter 31 of title 40, United States Code, could be waived 
     or streamlined for certain affordable rental Federal Housing 
     Administration new construction projects; and
       (3) review the potential positive and negative outcomes of 
     directing the Bureau of Labor Statistics to determine 
     prevailing wages (rather that the Secretary of Labor under 
     section 3142(b) of title 40, United States Code), in a way 
     that would not rely on the collection of voluntary surveys 
     from businesses but rather on data that is already collected 
     by the Bureau of Labor Statistics.
       (d) Members.--
       (1) In general.--The Davis-Bacon Modernization Working 
     Group shall be composed of the following representatives of 
     Federal agencies and relevant non-Federal industry 
     stakeholder organizations:
       (A) A representative from the Department of Labor, 
     appointed by the Secretary of Labor.
       (B) A representative from the Department of Housing and 
     Urban Development, appointed by the Secretary of Housing and 
     Urban Development.
       (C) A representative of a housing construction industry 
     association, appointed by the Secretary of Labor in 
     consultation with the Secretary of Housing and Urban 
     Development.
       (D) A representative of a financial services industry 
     association, appointed by the Secretary of Labor in 
     consultation with the Secretary of Housing and Urban 
     Development.
       (E) A representative of an affordable housing industry 
     association, appointed by the Secretary of Labor in 
     consultation with the Secretary of Housing and Urban 
     Development.
       (F) A representative of a State public housing agency, as 
     defined in section 3 of the United States Housing Act of 1937 
     (42 U.S.C. 1437a), appointed by the Secretary of Labor in 
     consultation with the Secretary of Housing and Urban 
     Development.
       (G) A representative of a tribally designated housing 
     entity, as defined in section 4 of the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4103), appointed by the Secretary of Labor in 
     consultation with the Secretary of Housing and Urban 
     Development.
       (H) A representative of a labor organization representing 
     the housing construction workforce, appointed by the 
     Secretary of Labor in consultation with the Secretary of 
     Housing and Urban Development.
       (2) Chair.--The representative from the Department of Labor 
     appointed under paragraph (1)(A) shall serve as the chair of 
     the Davis-Bacon Modernization Working Group, and that 
     representative shall be responsible for organizing the 
     business of the Davis-Bacon Modernization Working Group.
       (e) Other Matters.--
       (1) No compensation.--A member of the Davis-Bacon 
     Modernization Working Group shall serve without compensation.
       (2) Support.--The Secretary of Labor may detail an employee 
     of the Department of Labor to assist and support the work of 
     the Davis-Bacon Modernization Working Group, though such a 
     detailee shall not be considered to be a member of the Davis-
     Bacon Modernization Working Group.
       (f) Report.--
       (1) Reports.--Not later than 1 year after the date on which 
     the Davis-Bacon Modernization Working Group is established, 
     the Davis-Bacon Modernization Working Group shall submit a 
     report containing its findings and recommendations under 
     subsection (c), including recommendations resulting from the 
     review under subsection (c)(3), to the Secretary of Labor, 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Education and Labor of the 
     House of Representatives.
       (2) Majority support.--Each recommendation made under 
     paragraph (1) shall be agreed to by a majority of the members 
     of the Davis-Bacon Modernization Working Group.
       (g) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Davis-
     Bacon Modernization Working Group.
       (h) Sunset.--The Davis-Bacon Modernization Working Group 
     shall terminate on the date the report is completed under 
     subsection (f)(1).

     SEC. 5. NATIONAL HOUSING ACT.

       Section 212(a) of the National Housing Act (12 U.S.C. 
     1715c(a)) is amended by striking ``similar character, as 
     determined by the Secretary of Labor in accordance with the 
     Davis-Bacon Act, as amended (40 U.S.C. 276a--276a-5)'' and 
     inserting ``residential character, as determined by the 
     Secretary of Labor in accordance with subchapter IV of 
     chapter 31 of title 40, United States Code, that is 
     applicable at the time the application is filed''.

     SEC. 6. HOUSING ACT OF 1959.

       Section 202(j)(5)(A) of the Housing Act of 1959 (12 U.S.C. 
     1701q(j)(5)(A)) is amended by striking ``similar character, 
     as determined by the Secretary of Labor in accordance with 
     the Act of March 3, 1931 (commonly known as the Davis-Bacon 
     Act)'' and inserting ``residential character, as determined 
     by the Secretary of Labor in accordance with subchapter IV of 
     chapter 31 of title 40, United States Code, that is 
     applicable at the time the application is filed''.

     SEC. 7. NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-
                   DETERMINATION ACT OF 1996.

       Section 104(b)(1) of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4114(b)(1)) is 
     amended by striking ``, as predetermined by the Secretary of 
     Labor pursuant to the 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 inserting ``for corresponding classes of 
     laborers and mechanics employed on construction of a 
     residential character, as predetermined by the Secretary of 
     Labor pursuant to subchapter IV of chapter 31 of title 40, 
     United States Code, that is applicable at the time the 
     application is filed''.

     SEC. 8. CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT.

       Section 811(j)(5)(A) of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013(j)(5)(A)) is amended 
     by striking ``similar character, as determined by the 
     Secretary of Labor in accordance with the Act of March 3, 
     1931 (commonly known as the Davis-Bacon Act)'' and inserting 
     ``residential character, as determined by the Secretary of 
     Labor in accordance with subchapter IV of chapter 31 of title 
     40, United States Code, that is applicable at the time the 
     application is filed''.

     SEC. 9. UNITED STATES HOUSING ACT OF 1937.

       Section 12(a) of the United States Housing Act of 1937 (42 
     U.S.C. 1437j(a)) is amended by striking ``, as predetermined 
     by the Secretary of Labor pursuant to the Davis-Bacon Act (49 
     Stat. 1011)'' and inserting ``for corresponding classes of 
     laborers and mechanics employed on construction of a 
     residential character, as predetermined by the Secretary of 
     Labor pursuant to subchapter IV of chapter 31 of title 40, 
     United States Code, that is applicable at the time the 
     application is filed''.

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