Future of America’s Workforce Act

Beginning with the first Current Population Survey published after the date of enactment of this Act, the Bureau of Labor Statistics of the Department of Labor shall—

(1) prepare and publish the Contingent Work Supplement to the Current Population Survey on an annual basis; and

(2) include information on covered technologies in such supplement.

If the Bureau of Labor Statistics fails to publish the Contingent Work Supplement in accordance with subsection (a), the Commissioner of Labor Statistics shall submit a report to the Committee on Education and Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate describing—

(1) the reasons for such failure; and

(2) the expected date of publication.

In carrying out this section, the Bureau of Labor Statistics shall, to the maximum extent practicable, ensure that the Contingent Work Supplement remains comparable across survey years. Any material changes to survey definitions or methodology shall be documented and made publicly available at the time of publication.

The Bureau of Labor Statistics shall make the results of each Contingent Work Supplement conducted under this section publicly available in a timely manner and in machine-readable formats commonly used for statistical analysis.

The terms artifical intelligence has the meaning given such term under section 5002(3) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 9401(3)).

The term covered technologies means systems, including artificial intelligence, that—

(i) inform, guide, recommend, or otherwise influence human decision-making in the performance of work, including in circumstances where a human retains oversight or final authority; or

(ii) adapt, learn, or update their outputs or behavior based on data, user interaction, or operational experience over time.

In determining whether a technology is a covered technology, the Bureau of Labor Statistics may consider whether the use of such technology has the effect of altering job tasks, productivity expectations, work pace, scheduling, compensation structures, employment stability, employment classification, or the degree of worker autonomy, including through the assignment, evaluation, monitoring, or management of work by automated or algorithmic means.

The absence of full automation, independent decision-making, or the replacement of human workers shall not, by itself, exclude a technology from being a covered technology.