I 118th CONGRESS 1st Session H. R. 5639 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. Short title This Act may be cited as the Commission on the American Workforce Act . 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).