[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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