Sec. 4. Davis-Bacon Modernization Working Group
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In this section, the term Davis-Bacon Modernization Working Group means the working group established under subsection (b)(1). 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).
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). The Davis-Bacon Modernization Working Group shall— 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; 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 review the potential positive and negative outcomes of directing the Bureau of Labor Statistics to determine prevailing wages (rather than 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.
The Davis-Bacon Modernization Working Group shall be composed of the following representatives of Federal agencies and relevant non-Federal industry stakeholder organizations: A representative from the Department of Labor, appointed by the Secretary of Labor. A representative from the Department of Housing and Urban Development, appointed by the Secretary of Housing and Urban Development. A representative of a housing construction industry association, appointed by the Secretary of Labor in consultation with the Secretary of Housing and Urban Development.
A representative of a financial services industry association, appointed by the Secretary of Labor in consultation with the Secretary of Housing and Urban Development. A representative of an affordable housing industry association, appointed by the Secretary of Labor in consultation with the Secretary of Housing and Urban Development. 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.
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. 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. 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.
A member of the Davis-Bacon Modernization Working Group shall serve without compensation. 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. 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 Workforce of the House of Representatives.
Each recommendation made under paragraph
(1)shall be agreed to by a majority of the members of the Davis-Bacon Modernization Working Group. Chapter 10 of title 5, United States Code, shall not apply to the Davis-Bacon Modernization Working Group. The Davis-Bacon Modernization Working Group shall terminate on the date the report is completed under subsection (f)(1).
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