What This Bill Does
This bill changes how wage rates are calculated for workers on federally funded housing construction projects. It updates the methods used to determine what wages workers must be paid on these projects and creates a working group to study ways to modernize wage rules for affordable housing construction.
Who It Affects
Workers on federally funded housing construction projects, housing construction companies, financial services companies involved in housing, affordable housing organizations, state public housing agencies, Native American tribal housing entities, and labor organizations representing construction workers.
Key Provisions
• The Secretary of Labor can now use geographic groupings other than state subdivisions (such as metropolitan statistical areas) when determining prevailing wages for construction work (Sec. 2(a))
• Within one year, the Secretary must review and revise how survey information is collected for wage determinations, including using Bureau of Labor Statistics surveys and improving business participation rates in wage surveys (Sec. 2(b))
• Housing projects covered by four federal housing laws can use only one wage rate determination that matches the overall residential character of the project, instead of multiple wage determinations (Sec. 3)
• A Davis-Bacon Modernization Working Group must be created within 60 days to recommend updates to wage requirements, including whether residential wage classifications can apply to affordable housing with 5 or more stories (Sec. 4(b) and 4(c))
• The working group must submit a report with recommendations within one year of being established (Sec. 4(f))
What Changes
The bill changes language in four existing federal housing laws to reference updated wage determination rules instead of the older Davis-Bacon Act requirements. Projects will be able to use wage rates based on the residential character of the project rather than similar character. Wage determinations will be based on the time an application is filed rather than being predetermined.
Important Definitions
The bill defines "Davis-Bacon Modernization Working Group" as the group established to recommend updates to wage requirements under federal housing laws.
Effective Date
Not specified in bill text
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-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Housing Supply Ex-
4
pansion Act’’.
5
VerDate Sep 11 2014
00:11 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1053.IH
H1053
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 1053 IH
SEC. 2. UPDATES TO WAGE RATE CALCULATIONS.
1
(a) IN GENERAL.—Section 3142(b) of title 40,
2
United States Code, is amended by inserting ‘‘or from geo-
3
graphic groupings other than civil subdivisions of the
4
State (which may include metropolitan statistical areas or
5
other groupings determined appropriate by the Secretary)
6
in which the work is to be performed’’ after ‘‘in which
7
the work is to be performed’’.
8
(b) CHANGES TO SURVEY METHODOLOGY.—Section
9
3142 of title 40, United States Code, is amended by add-
10
ing at the end the following:
11
‘‘(f) SURVEY INFORMATION COLLECTION.—By not
12
later than 1 year after the date of enactment of the Hous-
13
ing Supply Expansion Act, the Secretary shall—
14
‘‘(1) review the Secretary’s method of collecting
15
survey information for determining prevailing wages
16
for purposes of subsection (a); and
17
‘‘(2) revise how such survey information is col-
18
lected, following a public notice and opportunity for
19
public comment, by—
20
‘‘(A) including surveys that allow for reli-
21
able and objective sources of data and a defend-
22
able methodology, which may include informa-
23
tion collected through Bureau of Labor Statis-
24
tics surveys; and
25
VerDate Sep 11 2014
00:11 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1053.IH
H1053
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 1053 IH
‘‘(B) improving the percentage of busi-
1
nesses choosing to participate in prevailing
2
wage determination surveys and ensuring pro-
3
portional representation of businesses rep-
4
resented by labor organizations and businesses
5
not represented by labor organizations in the
6
prevailing wage determination surveys that are
7
completed.’’.
8
SEC. 3. MULTIPLE WAGE RATE DETERMINATIONS.
9
Section 3142 of title 40, United States Code, as
10
amended by section 2, is further amended by adding at
11
the end the following:
12
‘‘(g) FEDERAL HOUSING ACTS.—A determination of
13
prevailing wages by the Secretary of Labor applicable
14
under section 212(a) of the National Housing Act (12
15
U.S.C. 1715c(a)), section 104(b)(1) of the Native Amer-
16
ican Housing Assistance and Self Determination Act of
17
1996 (25 U.S.C. 4114(b)(1)), section 12(a) of the United
18
States Housing Act of 1937 (42 U.S.C. 1437j(a)), or sec-
19
tion 811(j)(5) of the Cranston-Gonzalez National Afford-
20
able Housing Act (42 U.S.C. 8013(j)(5)) shall be limited
21
to 1 wage rate determination under subsection (b) of this
22
section that corresponds to the overall residential char-
23
acter of the project.’’.
24
VerDate Sep 11 2014
00:11 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1053.IH
H1053
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 1053 IH
SEC. 4. DAVIS-BACON MODERNIZATION WORKING GROUP.
1
(a) DEFINITION.—In this section, the term ‘‘Davis-
2
Bacon Modernization Working Group’’ means the working
3
group established under subsection (b)(1).
4
(b) ESTABLISHMENT.—
5
(1) IN GENERAL.—Not later than 60 days after
6
the date of enactment of this Act, the Secretary of
7
Labor, in consultation with the Secretary of Housing
8
and Urban Development, shall establish within the
9
Department of Labor, a Davis-Bacon Modernization
10
Working Group to recommend the update and mod-
11
ernization of certain requirements under subchapter
12
IV of chapter 31 of title 40, United States Code, as
13
described in subsection (c).
14
(2) DATE
OF
ESTABLISHMENT.—The Davis-
15
Bacon Modernization Working Group shall be con-
16
sidered established on the date on which a majority
17
of the members of the Davis-Bacon Working Group
18
have been appointed, consistent with subsection (d).
19
(c) DUTIES.—The Davis-Bacon Modernization Work-
20
ing Group shall—
21
(1) recommend whether, and if so by how
22
much, the residential classification can be applied to
23
affordable housing units with 5 stories or more for
24
purposes of prevailing wage determinations under
25
VerDate Sep 11 2014
00:11 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1053.IH
H1053
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•HR 1053 IH
subchapter IV of chapter 31 of title 40, United
1
States Code;
2
(2) develop administrative and legislative rec-
3
ommendations of ways, and for what specific cir-
4
cumstances in which, the prevailing wage rate re-
5
quirements under subchapter IV of chapter 31 of
6
title 40, United States Code, could be waived or
7
streamlined for certain affordable rental Federal
8
Housing Administration new construction projects;
9
and
10
(3) review the potential positive and negative
11
outcomes of directing the Bureau of Labor Statistics
12
to determine prevailing wages (rather than the Sec-
13
retary of Labor under section 3142(b) of title 40,
14
United States Code), in a way that would not rely
15
on the collection of voluntary surveys from busi-
16
nesses but rather on data that is already collected
17
by the Bureau of Labor Statistics.
18
(d) MEMBERS.—
19
(1) IN
GENERAL.—The Davis-Bacon Mod-
20
ernization Working Group shall be composed of the
21
following representatives of Federal agencies and
22
relevant non-Federal industry stakeholder organiza-
23
tions:
24
VerDate Sep 11 2014
00:11 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1053.IH
H1053
pbinns on DSKJLVW7X2PROD with $$_JOB
6
•HR 1053 IH
(A) A representative from the Department
1
of Labor, appointed by the Secretary of Labor.
2
(B) A representative from the Department
3
of Housing and Urban Development, appointed
4
by the Secretary of Housing and Urban Devel-
5
opment.
6
(C) A representative of a housing construc-
7
tion industry association, appointed by the Sec-
8
retary of Labor in consultation with the Sec-
9
retary of Housing and Urban Development.
10
(D) A representative of a financial services
11
industry association, appointed by the Secretary
12
of Labor in consultation with the Secretary of
13
Housing and Urban Development.
14
(E) A representative of an affordable hous-
15
ing industry association, appointed by the Sec-
16
retary of Labor in consultation with the Sec-
17
retary of Housing and Urban Development.
18
(F) A representative of a State public
19
housing agency, as defined in section 3 of the
20
United States Housing Act of 1937 (42 U.S.C.
21
1437a), appointed by the Secretary of Labor in
22
consultation with the Secretary of Housing and
23
Urban Development.
24
VerDate Sep 11 2014
00:11 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1053.IH
H1053
pbinns on DSKJLVW7X2PROD with $$_JOB
7
•HR 1053 IH
(G) A representative of a tribally des-
1
ignated housing entity, as defined in section 4
2
of the Native American Housing Assistance and
3
Self-Determination Act of 1996 (25 U.S.C.
4
4103), appointed by the Secretary of Labor in
5
consultation with the Secretary of Housing and
6
Urban Development.
7
(H) A representative of a labor organiza-
8
tion representing the housing construction
9
workforce, appointed by the Secretary of Labor
10
in consultation with the Secretary of Housing
11
and Urban Development.
12
(2) CHAIR.—The representative from the De-
13
partment of Labor appointed under paragraph
14
(1)(A) shall serve as the chair of the Davis-Bacon
15
Modernization Working Group, and that representa-
16
tive shall be responsible for organizing the business
17
of the Davis-Bacon Modernization Working Group.
18
(e) OTHER MATTERS.—
19
(1) NO
COMPENSATION.—A member of the
20
Davis-Bacon Modernization Working Group shall
21
serve without compensation.
22
(2) SUPPORT.—The Secretary of Labor may
23
detail an employee of the Department of Labor to
24
assist and support the work of the Davis-Bacon
25
VerDate Sep 11 2014
00:11 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1053.IH
H1053
pbinns on DSKJLVW7X2PROD with $$_JOB
8
•HR 1053 IH
Modernization Working Group, though such a
1
detailee shall not be considered to be a member of
2
the Davis-Bacon Modernization Working Group.
3
(f) REPORT.—
4
(1) REPORTS.—Not later than 1 year after the
5
date on which the Davis-Bacon Modernization Work-
6
ing Group is established, the Davis-Bacon Mod-
7
ernization Working Group shall submit a report con-
8
taining its findings and recommendations under sub-
9
section (c), including recommendations resulting
10
from the review under subsection (c)(3), to the Sec-
11
retary of Labor, the Committee on Health, Edu-
12
cation, Labor, and Pensions of the Senate and the
13
Committee on Education and the Workforce of the
14
House of Representatives.
15
(2) MAJORITY
SUPPORT.—Each recommenda-
16
tion made under paragraph (1) shall be agreed to by
17
a majority of the members of the Davis-Bacon Mod-
18
ernization Working Group.
19
(g) NONAPPLICABILITY OF FACA.—The Federal Ad-
20
visory Committee Act (5 U.S.C. App.) shall not apply to
21
the Davis-Bacon Modernization Working Group.
22
(h)
SUNSET.—The
Davis-Bacon
Modernization
23
Working Group shall terminate on the date the report is
24
completed under subsection (f)(1).
25
VerDate Sep 11 2014
00:11 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1053.IH
H1053
pbinns on DSKJLVW7X2PROD with $$_JOB
9
•HR 1053 IH
SEC. 5. NATIONAL HOUSING ACT.
1
Section 212(a) of the National Housing Act (12
2
U.S.C. 1715c(a)) is amended by striking ‘‘similar char-
3
acter, as determined by the Secretary of Labor in accord-
4
ance with the Davis-Bacon Act, as amended (40 U.S.C.
5
276a—276a–5)’’ and inserting ‘‘residential character, as
6
determined by the Secretary of Labor in accordance with
7
subchapter IV of chapter 31 of title 40, United States
8
Code, that is applicable at the time the application is
9
filed’’.
10
SEC. 6. HOUSING ACT OF 1959.
11
Section 202(j)(5)(A) of the Housing Act of 1959 (12
12
U.S.C. 1701q(j)(5)(A)) is amended by striking ‘‘similar
13
character, as determined by the Secretary of Labor in ac-
14
cordance with the Act of March 3, 1931 (commonly known
15
as the Davis-Bacon Act)’’ and inserting ‘‘residential char-
16
acter, as determined by the Secretary of Labor in accord-
17
ance with subchapter IV of chapter 31 of title 40, United
18
States Code, that is applicable at the time the application
19
is filed’’.
20
SEC. 7. NATIVE AMERICAN HOUSING ASSISTANCE AND
21
SELF-DETERMINATION ACT OF 1996.
22
Section 104(b)(1) of the Native American Housing
23
Assistance and Self-Determination Act of 1996 (25 U.S.C.
24
4114(b)(1)) is amended by striking ‘‘, as predetermined
25
by the Secretary of Labor pursuant to the Act of March
26
VerDate Sep 11 2014
00:11 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1053.IH
H1053
pbinns on DSKJLVW7X2PROD with $$_JOB
10
•HR 1053 IH
3, 1931 (commonly known as the Davis-Bacon Act; chap-
1
ter 411; 46 Stat. 1494; 40 U.S.C. 276a et seq.),’’ and
2
inserting ‘‘for corresponding classes of laborers and me-
3
chanics employed on construction of a residential char-
4
acter, as predetermined by the Secretary of Labor pursu-
5
ant to subchapter IV of chapter 31 of title 40, United
6
States Code, that is applicable at the time the application
7
is filed’’.
8
SEC. 8. CRANSTON-GONZALEZ NATIONAL AFFORDABLE
9
HOUSING ACT.
10
Section 811(j)(5)(A) of the Cranston-Gonzalez Na-
11
tional Affordable Housing Act (42 U.S.C. 8013(j)(5)(A))
12
is amended by striking ‘‘similar character, as determined
13
by the Secretary of Labor in accordance with the Act of
14
March 3, 1931 (commonly known as the Davis-Bacon
15
Act)’’ and inserting ‘‘residential character, as determined
16
by the Secretary of Labor in accordance with subchapter
17
IV of chapter 31 of title 40, United States Code, that is
18
applicable at the time the application is filed’’.
19
SEC. 9. UNITED STATES HOUSING ACT OF 1937.
20
Section 12(a) of the United States Housing Act of
21
1937 (42 U.S.C. 1437j(a)) is amended by striking ‘‘, as
22
predetermined by the Secretary of Labor pursuant to the
23
Davis-Bacon Act (49 Stat. 1011)’’ and inserting ‘‘for cor-
24
responding classes of laborers and mechanics employed on
25
VerDate Sep 11 2014
00:11 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1053.IH
H1053
pbinns on DSKJLVW7X2PROD with $$_JOB
11
•HR 1053 IH
construction of a residential character, as predetermined
1
by the Secretary of Labor pursuant to subchapter IV of
2
chapter 31 of title 40, United States Code, that is applica-
3
ble at the time the application is filed’’.
4
Æ
VerDate Sep 11 2014
00:11 Mar 15, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H1053.IH
H1053
pbinns on DSKJLVW7X2PROD with $$_JOB