I 

113TH CONGRESS 

2D SESSION H. R. 4171 

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 

MARCH 6, 2014 

Mr. FITZPATRICK (for himself, Mr. WESTMORELAND, Mr. BURGESS, Mr. 

YOUNG of Indiana, Mr. MCINTYRE, and Mr. MATHESON) 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 

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

17 the Bureau for reporting labor underutilization; 

18 (2) formulate recommendations for any im19 provement to such process and methods, including 

20 proposals for any alternative measures of labor force 

21 participation, taking into account— 

22 (A) evidence that the official unemploy23 ment rate doesn’t always accurately reflect 

24 labor market strength; and 

25 (B) that unemployment rates may vary 

26 over a business cycle due to changes in labor 


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1 force participation rather than from factors af2 fecting labor market strength; and 

3 (3) develop a new method or methods for deter4 mining and reporting underemployment that takes 

5 into consideration workers— 

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

7 skill set or education; and 

8 (B) who are earning less than other work9 ers in similar occupations or with similar skill 

10 sets and education. 

11 SEC. 4. MEMBERSHIP OF COMMISSION. 

12 (a) APPOINTMENT.—The Commission shall be com13 posed of four members appointed from among individuals 

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

15 Federal civil service, each having expertise in economic 

16 analysis, understanding labor markets, or statistical anal17 ysis. Members shall be appointed as follows: 

18 (1) Two members appointed by the President. 

19 (2) One member appointed by the President pro 

20 tempore of the Senate. 

21 (3) One member appointed by the Speaker of 

22 the House of Representatives. 

23 (b) DEADLINE FOR APPOINTMENT.—Each member 

24 shall be appointed to the Commission not later than 180 

25 days after the date of enactment of this Act. 


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

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

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

4 original appointment was made. 

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

6 shall serve without pay. Each member shall receive travel 

7 expenses, including per diem in lieu of subsistence, in ac8 cordance with sections 5702 and 5703 of title 5, United 

9 States Code. 

10 (e) QUORUM.—Three members of the Commission 

11 shall constitute a quorum but a lesser number may hold 

12 hearings. 

13 (f) CHAIRPERSON.—The Chairperson of the Commis14 sion shall be elected by the members. 

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

16 call of the Chairperson. 

17 SEC. 5. STAFF OF COMMISSION. 

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

19 the pay of the personnel of the Commission as the Chair20 person considers appropriate. 

21 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

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

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

24 governing appointments in the competitive service, and 

25 shall be paid in accordance with the provisions of chapter 


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1 51 and subchapter III of chapter 53 of that title relating 

2 to classification and General Schedule pay rates. 

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

4 of the Chairperson, the head of any Federal department 

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

6 personnel of that department or agency to the Commission 

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

8 SEC. 6. REPORT OF COMMISSION. 

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

10 original members have been appointed to the Commission, 

11 the Commission shall transmit to the President and Con12 gress a report that contains a detailed statement of the 

13 findings and recommendations of the Commission devel14 oped pursuant to section 3. 

15 SEC. 7. TERMINATION OF COMMISSION. 

16 (a) TERMINATION.—The Commission shall terminate 

17 60 days after the date of submission of the report pursu18 ant to section 7. 

19 (b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI20 NATION.—The Commission may use the 60-day period re21 ferred to in subsection (a) for the purpose of concluding 

22 its activities, including providing testimony to committees 

23 of Congress concerning its reports and disseminating the 

24 second report. 

Æ 


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