[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5052 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 5052

To create a national commission to combat workplace sexual harassment, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 17, 2021

  Ms. Norton introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To create a national commission to combat workplace sexual harassment, 
                        and for other purposes.

    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 ``National Commission to Combat 
Workplace Sexual Harassment Act''.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the ``National 
Commission to Combat Workplace Sexual Harassment'' (in this Act 
referred to as the ``Commission'').

SEC. 3. DUTIES OF COMMISSION.

    The Commission shall--
            (1) carry out a comprehensive investigation and study of 
        workplace sexual harassment in the United States--
                    (A) through hearings and testimony taken from--
                            (i) workers, employers, and contractors in 
                        the United States, including in such industries 
                        and places of work as hospitality, factories, 
                        offices, agriculture, food service, retail, 
                        news media, technology, banking, entertainment, 
                        and law enforcement regarding their experiences 
                        with sexual harassment, sexual assault, and 
                        other sexual misconduct in the workplace;
                            (ii) experts in employment discrimination 
                        and sex discrimination, including sexual 
                        harassment;
                            (iii) members of the public; and
                            (iv) advocates against employment 
                        discrimination and sex discrimination, 
                        including sexual harassment; and
                    (B) which shall--
                            (i) summarize findings from the testimony 
                        of workers, employers, experts, public 
                        witnesses, and advocates, mentioned in 
                        paragraph (A) about sexual harassment, sexual 
                        assault, and other sexual misconduct in the 
                        workplace, including retaliation for reporting 
                        such conduct;
                            (ii) include an assessment of the causes 
                        and effects of workplace sexual harassment, 
                        sexual assault, and other sexual misconduct in 
                        the workplace;
                            (iii) evaluate whether and how personal 
                        characteristics (such as race, gender, gender 
                        identity, sexual orientation, age, income and 
                        wealth, geographic location) or employment 
                        circumstances (such as self employment, 
                        contract, seasonal, permanent, night shift, 
                        ``gig'' economy) render individuals more 
                        vulnerable to sexual harassment, sexual 
                        assault, and other sexual misconduct in the 
                        workplace;
                            (iv) evaluate whether and how new forms of 
                        communication, such as social media, have had 
                        an effect on sexual harassment, sexual assault, 
                        and other sexual misconduct in the workplace;
                            (v) analyze whether and how sexual 
                        harassment, sexual assault, and other sexual 
                        misconduct in the workplace have increased in 
                        the United States despite Federal, State, and 
                        local legislation aimed at curbing such 
                        conduct;
                            (vi) evaluate whether and how reporting 
                        occurs about sexual harassment, sexual assault, 
                        and other sexual misconduct in the workplace, 
                        and whether and how that reporting is impacted 
                        by individuals' personal characteristics or 
                        employment circumstances;
                            (vii) evaluate the efficacy of current 
                        reporting and accountability mechanisms in the 
                        private and public sector;
                            (viii) analyze the causes and effects of 
                        unreported and underreported sexual harassment, 
                        sexual assault, and other sexual misconduct in 
                        the workplace, and any disparities between 
                        complaints reported and claims resolved on the 
                        merits through mechanisms in the public and 
                        private sector; and
                            (ix) include a review of private sector, 
                        State, and local policies and practices that 
                        have had an effect in addressing and preventing 
                        sexual harassment, sexual assault, and other 
                        sexual misconduct in the workplace, and 
                        enforcing prohibitions against such conduct; 
                        and
            (2) not later than 18 months after the date of the 
        enactment of this Act--
                    (A) submit to the President and the Congress a 
                comprehensive report of the Commission's findings and 
                conclusions, together with any recommendations of the 
                Commission to combat sexual harassment, sexual assault, 
                and other sexual misconduct in the workplace; and
                    (B) conduct a hearing on the Commission's report 
                and recommendations.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 11 
members, at least 6 of whom shall be women, appointed not later than 45 
days after the date of the enactment of this Act, as follows:
            (1) The majority leader and minority leader of the Senate 
        shall each appoint two members.
            (2) The Speaker and the minority leader of the House of 
        Representatives shall each appoint two members.
            (3) The President shall appoint three members.
    (b) Qualifications.--Each person nominated to the Commission shall 
be knowledgeable on sexual harassment, sexual assault, or other sexual 
misconduct or related discrimination in the workplace.
    (c) Terms.--
            (1) In general.--Each member shall be appointed for the 
        life of the Commission.
            (2) Vacancies.--Any vacancy shall not affect the power and 
        duties of the Commission, but shall be filled in the same 
        manner as the original appointment and made within 90 days of a 
        vacancy on the Commission.
    (d) Chairperson; Vice Chairperson.--
            (1) Election.--At the initial meeting, the Commission shall 
        select a Chairperson and Vice Chairperson from among its 
        members.
            (2) Vice chairperson.--The Vice Chairperson shall perform 
        the duties of the Chairperson in the event the Chairperson is 
        absent, steps down, or dies.
    (e) Quorum.--Six members of the Commission shall constitute a 
quorum.
    (f) Compensation.--Each Member of the Commission--
            (1) shall not be considered to be a Federal employee for 
        any purpose by reason of service on the Commission; and
            (2) shall serve without pay.
    (g) Travel Expenses.--Each Member of the Commission shall receive 
travel expenses, including per diem in lieu of subsistence, in 
accordance with sections 5702 and 5703 of title 5, United States Code, 
while away from their home or regular place of business in performance 
of services for the Commission.

SEC. 5. POWERS.

    (a) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the Chairperson or a majority of its members.
            (2) Initial meeting.--Not later than 60 days after the date 
        of the enactment of this Act, the Commission shall hold an 
        initial meeting to develop and implement a schedule for 
        completion of the study, review, and report required under 
        section 3.
    (b) Hearings.--The Commission may hold such hearings and undertake 
such other activities as the Commission determines necessary to carry 
out its duties.
    (c) Other Resources.--
            (1) Documents, statistical data, and other such 
        information.--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 
        Chairperson of the Commission, the head of that department or 
        agency shall furnish that information to the Commission.
            (2) Office space and administrative support.--The 
        Administrator of General Services shall make office space 
        available for day-to-day activities of the Commission and for 
        scheduled meetings of the Commission. Upon request, the 
        Administrator shall provide, on a reimbursable basis, such 
        administrative support as the Commission requests to fulfill 
        its duties.
    (d) Authority To Use United States 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.
    (e) Authority To Contract.--
            (1) In general.--To the extent provided in advance in 
        appropriations Acts, the Commission may contract with and 
        compensate government and private agencies or persons for the 
        conduct of activities necessary to the discharge of its duties 
        under section 3, without regard to section 6101 of title 41, 
        United States Code.
            (2) Termination.--A contract, lease, or other legal 
        agreement entered into by the Commission may not extend beyond 
        the date of termination of the Commission.

SEC. 6. STAFF.

    (a) Director.--The Commission shall have a Director who shall be 
appointed and may be removed by a majority vote of the Commission. The 
Director shall be paid at a rate not to exceed the rate of basic pay 
for level IV of the Executive Schedule.
    (b) Staff.--
            (1) In general.--The Director may appoint such personnel as 
        the Director determines to be appropriate. Such personnel shall 
        be paid at a rate not to exceed the rate of basic pay for level 
        IV of the Executive Schedule and may be removed by the 
        Director, subject to a majority vote of the members of the 
        Commission.
            (2) Additional staff.--The Commission may appoint and fix 
        the compensation of such other personnel as may be necessary to 
        enable the Commission to carry out its duties, without regard 
        to the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of such title relating to classification and General Schedule 
        pay rates, except that no rate of pay fixed under this 
        subsection may exceed the equivalent of that payable to a 
        person occupying a position at level V of the Executive 
        Schedule.
    (c) Experts and Consultants.--With the approval of the Commission, 
the Director may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code.
    (d) Detail of Government Employees.--Upon the request of the 
Commission, the head of any Federal agency may detail, without 
reimbursement, any of the personnel of such agency to the Commission to 
assist in carrying out the duties of the Commission. Any such detail 
shall not interrupt or otherwise affect the civil service status or 
privileges of the personnel.
    (e) Volunteer Services.--Notwithstanding section 1342 of title 31, 
United States Code, the Commission may accept and use voluntary and 
uncompensated services as the Commission determines necessary.

SEC. 7. SUNSET.

    The Commission shall terminate on the date that is 60 days after 
the date on which the Commission submits its report to Congress 
pursuant to section 3(2).
                                 <all>