I 114th CONGRESS 1st Session H. R. 3674 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. Short title This Act may be cited as the Labor Statistics Improvement Act . 2. Establishment of commission There is established an independent commission to be known as the Commission to Improve Labor Statistics . 3. Duties of commission The Commission shall— (1) examine and make an assessment of the process by which the Bureau of Labor Statistics collects, processes, analyzes, and disseminates statistical data relating to unemployment rates, including— (A) the methods used for determining that an individual is or is not considered to be looking for work, including what constitutes actively looking versus passively looking or discouraged and how to take into account the intensity with which individuals are searching for a job; and (B) the utility of the six measures used by the Bureau for reporting labor underutilization; (2) formulate recommendations for any improvement to such process and methods, including proposals for any alternative measures of labor force participation, taking into account evidence that— (A) the official unemployment rate doesn’t always accurately reflect labor market strength; and (B) unemployment rates may vary over a business cycle due to changes in labor force participation rather than from factors affecting labor market strength, including— (i) the employment-to-population (EPOP) ratio for prime-age individuals and the existence of missing workers or potential workers who, because of weak job opportunities, are neither employed nor actively seeking a job; (ii) the voluntary quits rate; and (iii) the rates of wage growth and reservation wage of potential workers; and (3) develop a new method or methods for determining and reporting underemployment that takes into consideration workers— (A) who are not in jobs that match their skill set or education; and (B) who are earning less than other workers in similar occupations or with similar skill sets and education. 4. Membership of commission (a) Appointment The Commission shall be composed of four members appointed from among individuals with experience in the private sector, academia, or the Federal civil service, each having expertise in economic analysis, understanding labor markets, or statistical analysis. Members shall be appointed as follows: (1) Four members appointed by the President. (2) Two members appointed by the President pro tempore of the Senate. (3) Two members appointed by the Speaker of the House of Representatives. (b) Deadline for appointment Each member shall be appointed to the Commission not later than 90 days after the date of enactment of this Act. (c) Terms and vacancies Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Basic pay and travel expenses Members shall serve without pay. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum Six members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Chairperson The Chairperson of the Commission shall be elected by the members. (g) Meetings The Commission shall meet at the call of the Chairperson. 5. Staff of commission (a) Staff The Chairperson may appoint and fix the pay of the personnel of the Commission as the Chairperson considers appropriate. (b) Applicability of certain civil service laws The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (c) Staff of Federal agencies Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. 6. Report of commission Not later than 180 days after the date on which all original members have been appointed to the Commission, the Commission shall transmit to the President and Congress a report that contains a detailed statement of the findings and recommendations of the Commission developed pursuant to section 3. 7. Termination of commission (a) Termination The Commission shall terminate 90 days after the date of submission of the report pursuant to section 7. (b) Administrative activities before termination The Commission may use the 90-day period referred to in subsection (a) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the second report.