I 
117TH CONGRESS 
2D SESSION 
H. R. 8235 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2022 
Ms. VAN DUYNE (for herself and Mr. ROUZER) introduced the following bill; 
which was referred to the Committee on Education and Labor, and in 
addition to the Committee on Financial Services, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Housing Supply Ex-
pansion Act’’. 
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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 geo-
graphic groupings other than civil subdivisions of the 
State (which may include metropolitan statistical areas or 
other groupings determined appropriate by the Secretary) 
in which the work is to be performed’’ 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 add-
ing at the end the following: 
‘‘(f) SURVEY INFORMATION COLLECTION.—By not 
later than 1 year after the date of enactment of the Hous-
ing 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 col-
lected, following a public notice and opportunity for 
public comment, by— 
‘‘(A) including surveys that allow for reli-
able and objective sources of data and a defend-
able methodology, which may include informa-
tion collected through Bureau of Labor Statis-
tics surveys; and 
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‘‘(B) improving the percentage of busi-
nesses choosing to participate in prevailing 
wage determination surveys and ensuring pro-
portional representation of businesses rep-
resented 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 Amer-
ican 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 sec-
tion 811(j)(5) of the Cranston-Gonzalez National Afford-
able 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 char-
acter of the project.’’. 
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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 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 mod-
ernization 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 con-
sidered 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 Work-
ing 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 
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subchapter IV of chapter 31 of title 40, United 
States Code; 
(2) develop administrative and legislative rec-
ommendations of ways, and for what specific cir-
cumstances in which, the prevailing wage rate re-
quirements 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 than the Sec-
retary 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 busi-
nesses but rather on data that is already collected 
by the Bureau of Labor Statistics. 
(d) MEMBERS.— 
(1) IN
GENERAL.—The Davis-Bacon Mod-
ernization Working Group shall be composed of the 
following representatives of Federal agencies and 
relevant non-Federal industry stakeholder organiza-
tions: 
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(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 Devel-
opment. 
(C) A representative of a housing construc-
tion industry association, appointed by the Sec-
retary of Labor in consultation with the Sec-
retary 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 hous-
ing industry association, appointed by the Sec-
retary of Labor in consultation with the Sec-
retary 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. 
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(G) A representative of a tribally des-
ignated 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 organiza-
tion 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 De-
partment of Labor appointed under paragraph 
(1)(A) shall serve as the chair of the Davis-Bacon 
Modernization Working Group, and that representa-
tive 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 
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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 Work-
ing Group is established, the Davis-Bacon Mod-
ernization Working Group shall submit a report con-
taining its findings and recommendations under sub-
section (c), including recommendations resulting 
from the review under subsection (c)(3), to the Sec-
retary of Labor, the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate and the 
Committee on Education and Labor of the House of 
Representatives. 
(2) MAJORITY
SUPPORT.—Each recommenda-
tion made under paragraph (1) shall be agreed to by 
a majority of the members of the Davis-Bacon Mod-
ernization Working Group. 
(g) NONAPPLICABILITY OF FACA.—The Federal Ad-
visory 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). 
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SEC. 5. NATIONAL HOUSING ACT. 
Section 212(a) of the National Housing Act (12 
U.S.C. 1715c(a)) is amended by striking ‘‘similar char-
acter, as determined by the Secretary of Labor in accord-
ance 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 ac-
cordance with the Act of March 3, 1931 (commonly known 
as the Davis-Bacon Act)’’ and inserting ‘‘residential char-
acter, as determined by the Secretary of Labor in accord-
ance 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 
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3, 1931 (commonly known as the Davis-Bacon Act; chap-
ter 411; 46 Stat. 1494; 40 U.S.C. 276a et seq.),’’ and 
inserting ‘‘for corresponding classes of laborers and me-
chanics employed on construction of a residential char-
acter, as predetermined by the Secretary of Labor pursu-
ant 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 Na-
tional 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 cor-
responding classes of laborers and mechanics employed on 
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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 applica-
ble at the time the application is filed’’. 
Æ 
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