[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2997 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2997

        To establish a commission on fairness in the workplace.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 1997

 Mr. Kennedy of Massachusetts (for himself, Mr. Dellums, Mr. Kleczka, 
  Mr. LaFalce, Mr. Filner, Mr. McDermott, Mr. Bonior, Mr. Towns, Ms. 
     Slaughter, Mr. Lewis of Georgia, Mr. Jackson of Illinois, Ms. 
Velazquez, Mr. McGovern, Mr. Berman, Ms. Pelosi, Mr. Olver, Mr. Markey, 
Mr. Waxman, Ms. Norton, Ms. Kilpatrick, Mr. Meehan, Ms. Roybal-Allard, 
Mr. Miller of California, Mrs. Maloney of New York, Mr. Gutierrez, Mr. 
Delahunt, Ms. Carson, Mr. Martinez, Mrs. Meek of Florida, Mr. Hinchey, 
      Mr. Owens, Mr. Tierney, Mr. Fattah, Mr. Payne, Mr. Neal of 
  Massachusetts, Mr. Ackerman, Ms. Waters, Ms. Brown of Florida, Mr. 
Pomeroy, and Ms. Hooley of Oregon) introduced the following bill; which 
      was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
        To establish a commission on fairness in the workplace.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in the Workplace Commission 
Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Workers are not achieving wage and benefit increases 
        commensurate with corporate profits and sustained economic 
        expansion. While the median wage for workers fell 8 percent in 
        real terms during the business cycle peaks from 1979 through 
        1996, after-tax corporate profit rates grew 66 percent.
            (2) The wage gap between men and women has increased in the 
        last 4 years, reversing a 20 year trend in which that gap had 
        narrowed.
            (3) Despite a significant degree of closing the education 
        gap between minority and white Americans, wage gaps between 
        these groups persist and for some minority groups have been 
        expanded.
            (4) Over the period of 1979 through 1996, workers have 
        experienced a heightened sense of job insecurity due to 
        corporate downsizing, deregulation of key industries, new 
        technology, and foreign competition.
            (5) The last decade has seen a growth in the use of part-
        time and temporary workers.
            (6) Insufficient research has been done to determine the 
        extent and the impact of the use of part-time workers and the 
        failure of wages, especially for female workers, to keep pace 
        with economic growth and corporate profits.

SEC. 3. ESTABLISHMENT.

    (a) In General.--There is established the National Commission on 
Fairness in the Workplace (hereafter in this Act referred to as the 
``Commission'').
    (b) Member Authority.--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 Act.
    (c) Chairperson, Vice Chairperson.--The Chairperson of the 
Commission shall be designated by the President at the time of 
appointment. The Vice Chairperson shall be elected by the members of 
the Commission. The term of office of the Chairperson and the vice 
Chairperson shall be the life of the Commission.
    (d) Termination.--The Commission shall cease to exist upon the 
expiration of 18 months after the date of the enactment of this Act.

SEC. 4. COMMISSION DUTY.

    (a) In General.--The Commission shall examine--
            (1) the growing corporate practice of providing wages and 
        benefit levels for part-time and temporary employees which are 
        lower than the wage and benefit levels provided to full-time 
        employees who perform essentially identical work;
            (2) how the use of part-time and temporary employees has 
        affected wage and benefit levels, employee job insecurity, and 
        employee productivity;
            (3) the reasons that workers' wages have not kept pace with 
        corporate profits and economic growth;
            (4) the reasons for the widening median wage gap between 
        working men and working women; and
            (5) the reasons for the consistent discrepancy in the 
        average wage of minority populations in comparison to the 
        average wage of white Americans.
At the conclusion of the examination, the Commission shall develop 
policy options for the Congress to address the problems identified in 
the examination.
    (b) Scope.--The Commission shall conduct its examination with 
respect to the States and Guam, the Commonwealth of Puerto Rico, the 
Virgin Islands, American Samoa, and the Commonwealth of the Northern 
Marianas Islands.
    (c) Definition.--As used in section 2 and this section, the term 
``minority populations'' means Blacks (not of Hispanic origin), 
Hispanics, Asians, Pacific Islanders, American Indians, and Alaskan 
natives.

SEC. 5. MEMBERSHIP.

    (a) Appointment.--Within 60 days of the date of the enactment of 
this Act, the Commission shall be composed of 14 members appointed as 
follows:
            (1) 6 members appointed by the President of which 2 shall 
        be from the executive branch and 4 representatives from either 
        labor, business management, or academia.
            (2) 2 members appointed by the Majority Leader of the 
        Senate of which one shall be a member of the Senate and one 
        shall be from private life.
            (3) 2 members appointed by the Minority Leader of the 
        Senate of which one shall be a member of the Senate and one 
        shall be from private life.
            (4) 2 members appointed by the Speaker of the House of 
        Representatives of which one shall be a member of the House of 
        Representatives and one shall be from private life.
            (5) 2 members appointed by the Minority Leader of the House 
        of Representatives of which one shall be a member of the House 
        of Representatives and one shall be from private life.
The Secretary of Labor shall be an ex-officio member of the Commission.
    (b) Waiver of Limitation on Executive Schedule Positions.--
Appointments may be made under subsection (a) without regard to section 
5311(b) of title 5, United States Code.
    (c) Terms.--Each member shall be appointed for the life of the 
Commission.
    (d) Rates of pay.--
            (1) In general.--Except as provided in paragraph (2), 
        members shall each be paid at a rate not to exceed the rate of 
        basic pay for GS-15 of the General Schedule for each day 
        (including travel time) during which they are engaged in the 
        actual performance of duties vested in the Commission.
            (2) Prohibition of compensation of members and federal 
        employees.--Members of the Commission who are Members of the 
        Senate or the House of Representatives or 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.
            (3) Travel expenses.--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.

SEC. 6. GENERAL AUTHORITY OF THE COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commission considers 
appropriate. The Commission may administer oaths or affirmations to 
witnesses appearing before it.
    (b) Meetings.--The Commission shall meet monthly or at the call of 
the chairperson or a majority of its members.
    (c) Staff.--The Commission shall appoint a staff.
    (d) Experts and Consultants.--Subject to rules prescribed by the 
Commission, 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 minimum 
annual rate of basic pay payable for GS-15 of the General Schedule.
    (e) Staff of Federal Agencies.--Upon request of the Commission, 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.
    (f) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the 
Commission, the head of that department or agency shall furnish that 
information to the Commission.
    (g) Contract Authority.--The Commission may contract with and 
compensate government and private agencies or persons for research and 
other services without regard to section 3709 of the Revised Statutes 
(41 U.S.C. 5).
    (h) 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.
    (i) Administrative Support 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.
    (j) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission. The attendance of witnesses 
        and the production of evidence may be required from any place 
        within the United States at any designated place of hearing 
        within the United States.
            (2) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), 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.
            (3) 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.
            (4) Service of process.--All process of any court to which 
        application is to be made under paragraph (2) may be served in 
        the judicial district in which the person required to be served 
        resides or may be found.

SEC. 7. REPORT.

    The Commission shall report its findings and policy options 
developed under section 4 to the Congress not later than 30 days after 
the termination date of the Commission, together with its 
recommendations for legislation and administrative actions the 
Commission considers appropriate.
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