I 

114TH CONGRESS 

1ST SESSION H. R. 3674 

To establish a commission to examine the processes used by the Bureau 

of Labor Statistics to provide unemployment rates and to make recommendations to Congress for any changes in methodology or improvements to such processes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2015 

Mr. CONYERS (for himself, Mr. FITZPATRICK, Ms. WILSON of Florida, Ms. 

KAPTUR, Mr. BURGESS, Mr. WESTMORELAND, Mr. MEEKS, Mrs. LAWRENCE, and Mr. VEASEY) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To establish a commission to examine the processes used 

by the Bureau of Labor Statistics to provide unemployment rates and to make recommendations to Congress 

for any changes in methodology or improvements to such 

processes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Labor Statistics Im5 provement Act’’. 

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1 SEC. 2. ESTABLISHMENT OF COMMISSION. 

2 There is established an independent commission to be 

3 known as the ‘‘Commission to Improve Labor Statistics’’. 

4 SEC. 3. DUTIES OF COMMISSION. 

5 The Commission shall— 

6 (1) examine and make an assessment of the 

7 process by which the Bureau of Labor Statistics col8 lects, processes, analyzes, and disseminates statis9 tical data relating to unemployment rates, includ10 ing— 

11 (A) the methods used for determining that 

12 an individual is or is not considered to be look13 ing for work, including what constitutes actively 

14 looking versus passively looking or ‘‘discour15 aged’’ and how to take into account the inten16 sity with which individuals are searching for a 

17 job; and 

18 (B) the utility of the six measures used by 

19 the Bureau for reporting labor underutilization; 

20 (2) formulate recommendations for any im21 provement to such process and methods, including 

22 proposals for any alternative measures of labor force 

23 participation, taking into account evidence that— 

24 (A) the official unemployment rate doesn’t 

25 always accurately reflect labor market strength; 

26 and 

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1 (B) unemployment rates may vary over a 

2 business cycle due to changes in labor force 

3 participation rather than from factors affecting 

4 labor market strength, including— 

5 (i) the employment-to-population 

6 (EPOP) ratio for prime-age individuals 

7 and the existence of ‘‘missing workers’’ or 

8 potential workers who, because of weak job 

9 opportunities, are neither employed nor ac10 tively seeking a job; 

11 (ii) the voluntary quits rate; and 

12 (iii) the rates of wage growth and res13 ervation wage of potential workers; and 

14 (3) develop a new method or methods for deter15 mining and reporting underemployment that takes 

16 into consideration workers— 

17 (A) who are not in jobs that match their 

18 skill set or education; and 

19 (B) who are earning less than other work20 ers in similar occupations or with similar skill 

21 sets and education. 

22 SEC. 4. MEMBERSHIP OF COMMISSION. 

23 (a) APPOINTMENT.—The Commission shall be com24 posed of four members appointed from among individuals 

25 with experience in the private sector, academia, or the 

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1 Federal civil service, each having expertise in economic 

2 analysis, understanding labor markets, or statistical anal3 ysis. Members shall be appointed as follows: 

4 (1) Four members appointed by the President. 

5 (2) Two members appointed by the President 

6 pro tempore of the Senate. 

7 (3) Two members appointed by the Speaker of 

8 the House of Representatives. 

9 (b) DEADLINE FOR APPOINTMENT.—Each member 

10 shall be appointed to the Commission not later than 90 

11 days after the date of enactment of this Act. 

12 (c) TERMS AND VACANCIES.—Each member shall be 

13 appointed for the life of the Commission. A vacancy in 

14 the Commission shall be filled in the manner in which the 

15 original appointment was made. 

16 (d) BASIC PAY AND TRAVEL EXPENSES.—Members 

17 shall serve without pay. Each member shall receive travel 

18 expenses, including per diem in lieu of subsistence, in ac19 cordance with sections 5702 and 5703 of title 5, United 

20 States Code. 

21 (e) QUORUM.—Six members of the Commission shall 

22 constitute a quorum but a lesser number may hold hear23 ings. 

24 (f) CHAIRPERSON.—The Chairperson of the Commis25 sion shall be elected by the members. 

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1 (g) MEETINGS.—The Commission shall meet at the 

2 call of the Chairperson. 

3 SEC. 5. STAFF OF COMMISSION. 

4 (a) STAFF.—The Chairperson may appoint and fix 

5 the pay of the personnel of the Commission as the Chair6 person considers appropriate. 

7 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

8 LAWS.—The staff of the Commission shall be appointed 

9 subject to the provisions of title 5, United States Code, 

10 governing appointments in the competitive service, and 

11 shall be paid in accordance with the provisions of chapter 

12 51 and subchapter III of chapter 53 of that title relating 

13 to classification and General Schedule pay rates. 

14 (c) STAFF OF FEDERAL AGENCIES.—Upon request 

15 of the Chairperson, the head of any Federal department 

16 or agency may detail, on a reimbursable basis, any of the 

17 personnel of that department or agency to the Commission 

18 to assist it in carrying out its duties under this Act. 

19 SEC. 6. REPORT OF COMMISSION. 

20 Not later than 180 days after the date on which all 

21 original members have been appointed to the Commission, 

22 the Commission shall transmit to the President and Con23 gress a report that contains a detailed statement of the 

24 findings and recommendations of the Commission devel25 oped pursuant to section 3. 

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1 SEC. 7. TERMINATION OF COMMISSION. 

2 (a) TERMINATION.—The Commission shall terminate 

3 90 days after the date of submission of the report pursu4 ant to section 7. 

5 (b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI6 NATION.—The Commission may use the 90-day period re7 ferred to in subsection (a) for the purpose of concluding 

8 its activities, including providing testimony to committees 

9 of Congress concerning its reports and disseminating the 

10 second report. 

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