[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5639 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5639
To establish the American Workforce Commission, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2023
Mr. Joyce of Ohio (for himself and Ms. Brown) introduced the following
bill; which was referred to the Committee on Education and the
Workforce
_______________________________________________________________________
A BILL
To establish the American Workforce Commission, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on the American Workforce
Act''.
SEC. 2. AMERICAN WORKFORCE COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``American Workforce Commission'' (in this section referred to
as the ``Commission'').
(b) Duties.--The duties of the Commission shall be to conduct an
examination of the following:
(1) The possible causes of workforce changes during the 10-
year period beginning on the date that is 10 years prior to the
date of the enactment of this section, including--
(A) the COVID-19 pandemic, including--
(i) related public health and economic
policy responses to such pandemic; and
(ii) psychological implications of such
pandemic that may have altered the career
trajectories or aspirations of individuals;
(B) issues predating such pandemic, including
issues stemming from the financial crisis of 2008-2009;
(C) changes in--
(i) the highest level of education that
individuals attain; and
(ii) the use of workforce development
programs offered by employers to develop the
skills of employees;
(D) availability of work-from-home policies;
(E) the rise of the gig economy;
(F) the manufacturing industries and labor policies
of the United States and the People's Republic of
China;
(G) changes in the social value of professions that
do not require an associate or baccalaureate degree;
(H) the impact of globalization and job out-
sourcing;
(I) changes in family structures, including changes
relating to the number of two parent households, the
number of households in which both parents are
employed, and the number of children per household; and
(J) any additional changes the Commission deems
appropriate to examine.
(2) The impact of workforce changes identified pursuant to
paragraph (1), including--
(A) areas within the United States that were most
impacted by such changes;
(B) whether any population or group became more
vulnerable due to such changes;
(C) a comparison of the impact of such changes on--
(i) businesses based on size; and
(ii) working parents and parents who are
homemakers;
(D) changes in the rates of mental illness and drug
use, including opioid use during the 10-year period
beginning on the date that is 10 years prior to the
date of the enactment of this section; and
(E) the impact on--
(i) supply chains;
(ii) quality of products and services;
(iii) Federal, State, and local tax
revenue;
(iv) formation or closure of businesses;
(v) family and individual income and
wealth;
(vi) Federal, State, and local workforce
size;
(vii) readiness of the armed services;
(viii) economic productivity;
(ix) manufacturing output; and
(x) changes to workplace and occupational
safety standards.
(c) Powers of Commission.--
(1) Hearings and sessions.--
(A) In general.--The Commission may, for the
purpose of carrying out this section, hold hearings,
sit and act at times and places, take testimony, and
receive evidence as the Commission considers
appropriate.
(B) Scheduling of sessions.--
(i) In general.--Hearings and sessions of
the Commission shall be scheduled by the
Chairperson or by a vote of the majority of
members.
(ii) Initial hearing or session.--The
Chairperson shall schedule the initial hearing
or session to occur not later than 90 days
after the date on which the Chairperson is
appointed pursuant to subsection (d)(5)(A).
(C) Circumstances of hearings and sessions.--
(i) In person hearings and sessions.--
Unless prohibited by Federal guidelines,
hearings and sessions shall be conducted by the
Commission in person.
(ii) Witness testimony.--The Commission may
request witness testimony in any format the
Commission determines appropriate.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information, including privacy-protected information, necessary
to enable it to carry out this Act. Upon request of the
Chairperson or Vice Chairperson of the Commission, the head of
such department or agency shall furnish such information to the
Commission.
(4) Gifts, bequests, and devises.--The Commission may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose
of aiding or facilitating the work of the Commission. Gifts,
bequests, or devises of money and proceeds from sales of other
property received as gifts, bequests, or devises shall be
deposited in the Treasury and shall be available for
disbursement upon order of the Chairperson.
(5) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(6) Administrative support services.--
(A) General services.--Upon the request of the
Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the
Commission to carry out its responsibilities under this
Act.
(B) Additional support.--The Commission may accept
additional assistance from any department or agency of
the United States.
(7) Subpoena power.--
(A) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and
the production of any evidence relating to any matter
which the Commission is empowered to investigate by
subsection (b).
(B) Issuance of subpoena.--A subpoena of a witness
or evidence shall be issued only upon if agreement is
reached that such subpoena should be issued by--
(i) the Chairperson and Vice Chairperson;
or
(ii) an affirmative vote of the majority of
members present and voting.
(C) Failure to obey a subpoena.--If a person
refuses to obey a subpoena issued under subparagraph
(A), the Commission may apply to a United States
district court for an order requiring that person to
appear before the Commission to give testimony, produce
evidence, or both, relating to the matter under
investigation. The application may be made within the
judicial district where the hearing is conducted or
where that person is found, resides, or transacts
business. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(D) Service of subpoenas.--The subpoenas of the
Commission shall be served in the manner provided for
subpoenas issued by a United States district court
under the Federal Rules of Civil Procedure for the
United States district courts.
(E) Service of process.--All process of any court
to which application is made under paragraph (2) may be
served in the judicial district in which the person
required to be served resides or may be found.
(8) Immunity.--The Commission is an agency of the United
States for the purpose of part V of title 18, United States
Code (relating to immunity of witnesses).
(9) Contract authority.--The Commission may contract with
and compensate government and private agencies or persons for
goods and other services.
(d) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 12 members, of whom--
(A) three members shall be appointed by the
majority leader of the House of Representatives;
(B) three members shall be appointed by the
minority leader of the House of Representatives;
(C) three members shall be appointed by the
majority leader of the Senate; and
(D) three members shall be appointed by the
minority leader of the Senate.
(2) Qualifications.--
(A) Limitation on congressional service.--An
individual appointed to the Commission may not be a
former or current Member of Congress.
(B) Other qualifications.--It is the sense of
Congress that individuals appointed to the Commission
should have national recognition and significant depth
of experience in at least one of the following areas:
(i) Economics.
(ii) Human resources.
(iii) Industry.
(iv) Labor organization.
(v) Political science.
(vi) Public policy.
(vii) Any other area related to the
national workforce.
(3) Terms.--
(A) In general.--Each member shall be appointed not
later than 60 days after the date of the enactment of
this section and for the life of the Commission.
(B) Vacancies.--A vacancy on the Commission shall
be filled in the same manner in which the original
appointment was made.
(4) Basic pay.--
(A) Rates of pay.--Members shall each be paid at a
rate equal to the rate of basic pay for level IV of the
Executive Schedule for each day (including travel time)
during which they are engaged in the actual performance
of duties vested in the Commission.
(B) Prohibition on compensation of federal
employees.--Members of the Commission who are full-time
officers or employees of the United States may not
receive additional pay, allowances, or benefits by
reason of their service on the Commission.
(C) Travel expenses.--Each member shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
(5) Chairperson; vice chairperson.--Not later than 30 days
after the date on which the final member of the Commission is
appointed the--
(A) Chairperson shall be designated by the majority
leader of the House of Representatives; and
(B) Vice Chairperson shall be designated by the
leader of the party within the Senate that is different
from the majority leader of the House of
Representatives.
(e) Quorum.--Seven members of the Commission shall constitute a
quorum.
(f) Staff of Commission.--
(1) Director.--The Commission shall have a Director who
shall be appointed by the Chairperson and Vice Chairperson.
(2) Staff.--The Chairperson and the Vice Chairperson may
appoint additional staff as the Chairperson and Vice
Chairperson consider appropriate.
(3) Applicability of certain civil service laws.--The
Director and staff of the Commission may be appointed without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the
annual rate of basic pay for level V of the Executive Schedule.
(4) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, but at rates for individuals not
to exceed the daily equivalent of the maximum annual rate of
basic pay for IV of the Executive Schedule.
(g) Nonapplicability of Federal Advisory Commission Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(h) Reports; Briefing; Termination.--
(1) Reports.--
(A) Interim report.--Not later than 4 months after
the date of the initial meeting of the Commission, the
Chairperson shall submit to the President and the
Congress an interim report that includes a detailed
summary of the work of the Commission and any
preliminary findings.
(B) Final report.--Not later than 1 year after the
date of the initial meeting of the Commission, the
Chairperson shall submit to the President and the
Congress a final report that includes--
(i) a detailed statement of the findings
and conclusions of the Commission;
(ii) dissenting opinions of any member who
does not support the findings and conclusions
referred to in clause (i); and
(iii) any recommendations for legislative
and administrative actions to address workforce
shortages.
(C) Publication.--
(i) In general.--Not more than 7 days after
the date on which a report under this section
is submitted to Congress, the Chairperson shall
publish such report on the website of the
Commission and the Federal Register.
(ii) Privacy-protected data.--When
publishing the final report required under
clause (i), the Chairperson shall remove any
personally identifiable information included in
such report.
(2) Briefing.--Not later than 120 days after the date on
which the Chairperson submits the final report pursuant to
subsection (b), the Chairperson shall brief Congress on such
report.
(3) Termination.--The Commission, and all the authorities
of this section, shall terminate upon the expiration of the 60-
day period which begins on the date on which the Commission
submits the final report under paragraph (1)(B).
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