[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]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN (for himself and Mr. Rubio):
S. 3938. A bill to reauthorize the READ Act; to the Committee on
Foreign Relations.
Mr. DURBIN. 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. 3938
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 ``READ Act Reathorization Act
of 2022''.
SEC. 2. REAUTHORIZATION.
Section 4(a) of the Reinforcing Education Accountability in
Development Act (division A of Public Law 115-56; 22 U.S.C.
2151c note) is amended by striking ``during the following
five fiscal years'' and inserting ``during the following ten
fiscal years''.
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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
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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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