I 
118TH CONGRESS 
1ST SESSION H. R. 1053 
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 
FEBRUARY 14, 2023 
Ms. VAN DUYNE introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Com-
mittee on Financial Services, for a period to be subsequently 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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