S. 1682Senate118th Congress (2023-2025)In Committee

Housing Supply Expansion Act

Sponsored by John ThuneSen. John Thune (R-SD)
Introduced May 18, 2023

AI-Generated Summary

Updated January 20, 2026 at 7:53 AM UTC

The Housing Supply Expansion Act changes how prevailing wages are determined for affordable‑housing projects. It broadens the geographic areas used in wage calculations, updates survey methods, and creates a working group to modernize Davis‑Bacon rules. The changes affect federal housing programs and the construction firms that work on them.

Key Provisions

  • Adds language allowing wage rates to be based on geographic groupings beyond state civil subdivisions, such as metropolitan areas.
  • Requires the Labor Secretary to review and revise the survey process for prevailing‑wage data within one year, using more reliable sources and improving business participation.
  • Limits each federal housing project covered by several statutes to a single prevailing‑wage determination that matches the project’s overall residential character.
  • Establishes a Davis‑Bacon Modernization Working Group to study applying residential classification to taller affordable‑housing units, possible waivers for FHA new‑construction projects, and using Bureau of Labor Statistics data instead of voluntary surveys.
  • Amends multiple housing statutes to replace references to “similar character” with “residential character” as defined by the Secretary of Labor under the updated wage rules.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (text: CR S1748-1749)

May 18, 2023

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SenateIntro Referral

Introduced in Senate

May 18, 2023

SenateIntro Referral

Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (text: CR S1748-1749)

May 18, 2023

Floor Debate

4 members

What members said about S. 1682 on the floor

2 Republicans2 Democrats
Dianne Feinstein
Sen. Dianne FeinsteinD-CA · May 18, 2023

Madam President, I rise today to introduce the Community Wood Facilities Assistance Act of 2023 and thank my colleagues, Senators Collins, Shaheen, and Kelly, for joining me as original cosponsors of…

Alex Padilla
Sen. Alex PadillaD-CA · May 18, 2023

Madam President, I rise to introduce the Supercomputing for Safer Chemicals Act or the SUPERSAFE Act. Through the use of supercomputing and artificial intelligence, we have an opportunity to…

Susan M. Collins
Sen. Susan M. CollinsR-ME · May 18, 2023

Madam President, I rise today to introduce the STEM Education in Accounting Act, which would help address workforce shortages in the accounting profession by recognizing accounting as part of a STEM…

John Thune
Sen. John ThuneR-SD · May 18, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

John Thune
Sen. John ThuneR-SD · May 18, 2023

Madam President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in SenateIssued May 18, 2023

II

118th CONGRESS

1st Session

S. 1682

IN THE SENATE OF THE UNITED STATES

May 18, 2023

Mr. Thune (for himself and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

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.

1.

Short title

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

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.

.

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.

.

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 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 Modernization 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 the Workforce 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

Chapter 10 of title 5, United States Code, 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).

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.

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.

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.

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.

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.