I 

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. 

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 ‘‘Commission on the 

5 American Workforce Act’’. 

6 SEC. 2. AMERICAN WORKFORCE COMMISSION. 

7 (a) ESTABLISHMENT.—There is established a com8 mission to be known as the ‘‘American Workforce Com9 mission’’ (in this section referred to as the ‘‘Commis10 sion’’). 


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1 (b) DUTIES.—The duties of the Commission shall be 

2 to conduct an examination of the following: 

3 (1) The possible causes of workforce changes 

4 during the 10-year period beginning on the date that 

5 is 10 years prior to the date of the enactment of this 

6 section, including— 

7 (A) the COVID–19 pandemic, including— 

8 (i) related public health and economic 

9 policy responses to such pandemic; and 

10 (ii) psychological implications of such 

11 pandemic that may have altered the career 

12 trajectories or aspirations of individuals; 

13 (B) issues predating such pandemic, in14 cluding issues stemming from the financial cri15 sis of 2008–2009; 

16 (C) changes in— 

17 (i) the highest level of education that 

18 individuals attain; and 

19 (ii) the use of workforce development 

20 programs offered by employers to develop 

21 the skills of employees; 

22 (D) availability of work-from-home policies; 

23 (E) the rise of the gig economy; 


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1 (F) the manufacturing industries and labor 

2 policies of the United States and the People’s 

3 Republic of China; 

4 (G) changes in the social value of profes5 sions that do not require an associate or bacca6 laureate degree; 

7 (H) the impact of globalization and job 

8 out-sourcing; 

9 (I) changes in family structures, including 

10 changes relating to the number of two parent 

11 households, the number of households in which 

12 both parents are employed, and the number of 

13 children per household; and 

14 (J) any additional changes the Commission 

15 deems appropriate to examine. 

16 (2) The impact of workforce changes identified 

17 pursuant to paragraph (1), including— 

18 (A) areas within the United States that 

19 were most impacted by such changes; 

20 (B) whether any population or group be21 came more vulnerable due to such changes; 

22 (C) a comparison of the impact of such 

23 changes on— 

24 (i) businesses based on size; and 


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1 (ii) working parents and parents who 

2 are homemakers; 

3 (D) changes in the rates of mental illness 

4 and drug use, including opioid use during the 

5 10-year period beginning on the date that is 10 

6 years prior to the date of the enactment of this 

7 section; and 

8 (E) the impact on— 

9 (i) supply chains; 

10 (ii) quality of products and services; 

11 (iii) Federal, State, and local tax rev12 enue; 

13 (iv) formation or closure of busi14 nesses; 

15 (v) family and individual income and 

16 wealth; 

17 (vi) Federal, State, and local work18 force size; 

19 (vii) readiness of the armed services; 

20 (viii) economic productivity; 

21 (ix) manufacturing output; and 

22 (x) changes to workplace and occupa23 tional safety standards. 

24 (c) POWERS OF COMMISSION.— 

25 (1) HEARINGS AND SESSIONS.— 


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1 (A) IN GENERAL.—The Commission may, 

2 for the purpose of carrying out this section, 

3 hold hearings, sit and act at times and places, 

4 take testimony, and receive evidence as the 

5 Commission considers appropriate. 

6 (B) SCHEDULING OF SESSIONS.— 

7 (i) IN GENERAL.—Hearings and ses8 sions of the Commission shall be scheduled 

9 by the Chairperson or by a vote of the ma10 jority of members. 

11 (ii) INITIAL HEARING OR SESSION.— 

12 The Chairperson shall schedule the initial 

13 hearing or session to occur not later than 

14 90 days after the date on which the Chair15 person is appointed pursuant to subsection 

16 (d)(5)(A). 

17 (C) CIRCUMSTANCES OF HEARINGS AND

18 SESSIONS.— 

19 (i) IN PERSON HEARINGS AND SES20 SIONS.—Unless prohibited by Federal 

21 guidelines, hearings and sessions shall be 

22 conducted by the Commission in person. 

23 (ii) WITNESS TESTIMONY.—The Com24 mission may request witness testimony in 


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1 any format the Commission determines ap2 propriate. 

3 (2) POWERS OF MEMBERS AND AGENTS.—Any 

4 member or agent of the Commission may, if author5 ized by the Commission, take any action which the 

6 Commission is authorized to take by this section. 

7 (3) OBTAINING OFFICIAL DATA.—The Commis8 sion may secure directly from any department or 

9 agency of the United States information, including 

10 privacy-protected information, necessary to enable it 

11 to carry out this Act. Upon request of the Chair12 person or Vice Chairperson of the Commission, the 

13 head of such department or agency shall furnish 

14 such information to the Commission. 

15 (4) GIFTS, BEQUESTS, AND DEVISES.—The 

16 Commission may accept, use, and dispose of gifts, 

17 bequests, or devises of services or property, both real 

18 and personal, for the purpose of aiding or facili19 tating the work of the Commission. Gifts, bequests, 

20 or devises of money and proceeds from sales of other 

21 property received as gifts, bequests, or devises shall 

22 be deposited in the Treasury and shall be available 

23 for disbursement upon order of the Chairperson. 

24 (5) MAILS.—The Commission may use the 

25 United States mails in the same manner and under 


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1 the same conditions as other departments and agen2 cies of the United States. 

3 (6) ADMINISTRATIVE SUPPORT SERVICES.— 

4 (A) GENERAL SERVICES.—Upon the re5 quest of the Commission, the Administrator of 

6 General Services shall provide to the Commis7 sion, on a reimbursable basis, the administra8 tive support services necessary for the Commis9 sion to carry out its responsibilities under this 

10 Act. 

11 (B) ADDITIONAL SUPPORT.—The Commis12 sion may accept additional assistance from any 

13 department or agency of the United States. 

14 (7) SUBPOENA POWER.— 

15 (A) IN GENERAL.—The Commission may 

16 issue subpoenas requiring the attendance and 

17 testimony of witnesses and the production of 

18 any evidence relating to any matter which the 

19 Commission is empowered to investigate by sub20 section (b). 

21 (B) ISSUANCE OF SUBPOENA.—A sub22 poena of a witness or evidence shall be issued 

23 only upon if agreement is reached that such 

24 subpoena should be issued by— 


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1 (i) the Chairperson and Vice Chair2 person; or 

3 (ii) an affirmative vote of the majority 

4 of members present and voting. 

5 (C) FAILURE TO OBEY A SUBPOENA.—If a 

6 person refuses to obey a subpoena issued under 

7 subparagraph (A), the Commission may apply 

8 to a United States district court for an order 

9 requiring that person to appear before the Com10 mission to give testimony, produce evidence, or 

11 both, relating to the matter under investigation. 

12 The application may be made within the judicial 

13 district where the hearing is conducted or where 

14 that person is found, resides, or transacts busi15 ness. Any failure to obey the order of the court 

16 may be punished by the court as civil contempt. 

17 (D) SERVICE OF SUBPOENAS.—The sub18 poenas of the Commission shall be served in the 

19 manner provided for subpoenas issued by a 

20 United States district court under the Federal 

21 Rules of Civil Procedure for the United States 

22 district courts. 

23 (E) SERVICE OF PROCESS.—All process of 

24 any court to which application is made under 

25 paragraph (2) may be served in the judicial disVerDate Sep 11 2014 00:29 Sep 26, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5639.IH H5639

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1 trict in which the person required to be served 

2 resides or may be found. 

3 (8) IMMUNITY.—The Commission is an agency 

4 of the United States for the purpose of part V of 

5 title 18, United States Code (relating to immunity 

6 of witnesses). 

7 (9) CONTRACT AUTHORITY.—The Commission 

8 may contract with and compensate government and 

9 private agencies or persons for goods and other serv10 ices. 

11 (d) MEMBERSHIP.— 

12 (1) NUMBER AND APPOINTMENT.—The Com13 mission shall be composed of 12 members, of 

14 whom— 

15 (A) three members shall be appointed by 

16 the majority leader of the House of Representa17 tives; 

18 (B) three members shall be appointed by 

19 the minority leader of the House of Representa20 tives; 

21 (C) three members shall be appointed by 

22 the majority leader of the Senate; and 

23 (D) three members shall be appointed by 

24 the minority leader of the Senate. 

25 (2) QUALIFICATIONS.— 


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1 (A) LIMITATION ON CONGRESSIONAL

2 SERVICE.—An individual appointed to the Com3 mission may not be a former or current Mem4 ber of Congress. 

5 (B) OTHER QUALIFICATIONS.—It is the 

6 sense of Congress that individuals appointed to 

7 the Commission should have national recogni8 tion and significant depth of experience in at 

9 least one of the following areas: 

10 (i) Economics. 

11 (ii) Human resources. 

12 (iii) Industry. 

13 (iv) Labor organization. 

14 (v) Political science. 

15 (vi) Public policy. 

16 (vii) Any other area related to the na17 tional workforce. 

18 (3) TERMS.— 

19 (A) IN GENERAL.—Each member shall be 

20 appointed not later than 60 days after the date 

21 of the enactment of this section and for the life 

22 of the Commission. 

23 (B) VACANCIES.—A vacancy on the Com24 mission shall be filled in the same manner in 

25 which the original appointment was made. 


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1 (4) BASIC PAY.— 

2 (A) RATES OF PAY.—Members shall each 

3 be paid at a rate equal to the rate of basic pay 

4 for level IV of the Executive Schedule for each 

5 day (including travel time) during which they 

6 are engaged in the actual performance of duties 

7 vested in the Commission. 

8 (B) PROHIBITION ON COMPENSATION OF

9 FEDERAL EMPLOYEES.—Members of the Com10 mission who are full-time officers or employees 

11 of the United States may not receive additional 

12 pay, allowances, or benefits by reason of their 

13 service on the Commission. 

14 (C) TRAVEL EXPENSES.—Each member 

15 shall receive travel expenses, including per diem 

16 in lieu of subsistence, in accordance with appli17 cable provisions under subchapter I of chapter 

18 57 of title 5, United States Code. 

19 (5) CHAIRPERSON; VICE CHAIRPERSON.—Not 

20 later than 30 days after the date on which the final 

21 member of the Commission is appointed the— 

22 (A) Chairperson shall be designated by the 

23 majority leader of the House of Representa24 tives; and 


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1 (B) Vice Chairperson shall be designated 

2 by the leader of the party within the Senate 

3 that is different from the majority leader of the 

4 House of Representatives. 

5 (e) QUORUM.—Seven members of the Commission 

6 shall constitute a quorum. 

7 (f) STAFF OF COMMISSION.— 

8 (1) DIRECTOR.—The Commission shall have a 

9 Director who shall be appointed by the Chairperson 

10 and Vice Chairperson. 

11 (2) STAFF.—The Chairperson and the Vice 

12 Chairperson may appoint additional staff as the 

13 Chairperson and Vice Chairperson consider appro14 priate. 

15 (3) APPLICABILITY OF CERTAIN CIVIL SERVICE

16 LAWS.—The Director and staff of the Commission 

17 may be appointed without regard to the provisions 

18 of title 5, United States Code, governing appoint19 ments in the competitive service, and may be paid 

20 without regard to the provisions of chapter 51 and 

21 subchapter III of chapter 53 of that title relating to 

22 classification and General Schedule pay rates, except 

23 that an individual so appointed may not receive pay 

24 in excess of the annual rate of basic pay for level V 

25 of the Executive Schedule. 


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1 (4) EXPERTS AND CONSULTANTS.—The Com2 mission may procure temporary and intermittent 

3 services under section 3109(b) of title 5, United 

4 States Code, but at rates for individuals not to ex5 ceed the daily equivalent of the maximum annual 

6 rate of basic pay for IV of the Executive Schedule. 

7 (g) NONAPPLICABILITY OF FEDERAL ADVISORY

8 COMMISSION ACT.—The Federal Advisory Committee Act 

9 (5 U.S.C. App.) shall not apply to the Commission. 

10 (h) REPORTS; BRIEFING; TERMINATION.— 

11 (1) REPORTS.— 

12 (A) INTERIM REPORT.—Not later than 4 

13 months after the date of the initial meeting of 

14 the Commission, the Chairperson shall submit 

15 to the President and the Congress an interim 

16 report that includes a detailed summary of the 

17 work of the Commission and any preliminary 

18 findings. 

19 (B) FINAL REPORT.—Not later than 1 

20 year after the date of the initial meeting of the 

21 Commission, the Chairperson shall submit to 

22 the President and the Congress a final report 

23 that includes— 

24 (i) a detailed statement of the find25 ings and conclusions of the Commission; 


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1 (ii) dissenting opinions of any member 

2 who does not support the findings and con3 clusions referred to in clause (i); and 

4 (iii) any recommendations for legisla5 tive and administrative actions to address 

6 workforce shortages. 

7 (C) PUBLICATION.— 

8 (i) IN GENERAL.—Not more than 7 

9 days after the date on which a report 

10 under this section is submitted to Con11 gress, the Chairperson shall publish such 

12 report on the website of the Commission 

13 and the Federal Register. 

14 (ii) PRIVACY-PROTECTED DATA.— 

15 When publishing the final report required 

16 under clause (i), the Chairperson shall re17 move any personally identifiable informa18 tion included in such report. 

19 (2) BRIEFING.—Not later than 120 days after 

20 the date on which the Chairperson submits the final 

21 report pursuant to subsection (b), the Chairperson 

22 shall brief Congress on such report. 

23 (3) TERMINATION.—The Commission, and all 

24 the authorities of this section, shall terminate upon 

25 the expiration of the 60-day period which begins on 


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1 the date on which the Commission submits the final 

2 report under paragraph (1)(B). 

Æ 


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