IV

103D CONGRESS

1ST SESSION H. CON. RES. 78

Establishing a commission to study compensation and other personnel policies

and practices in the legislative branch.

IN THE HOUSE OF REPRESENTATIVES

APRIL 1, 1993

Ms. SNOWE submitted the following concurrent resolution; which was referred

to the Committee on House Administration

CONCURRENT RESOLUTION

Establishing a commission to study compensation and other

personnel policies and practices in the legislative branch.

1 Resolved by the House of Representatives (the Senate

2 concurring),

3 SECTION 1. DECLARATION OF POLICY.

4 The Congress is committed to the elimination of all

5 forms of discrimination that adversely affect pay or work6 ing conditions of any employee because of the race, color,

7 religion, sex, or national origin of the employee, and it is

8 the policy of the Congress that persons employed in the

9 legislative branch shall receive equal pay in cases in which

10 the work performed is comparable, as measured by the
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1 composite of skill, effort, responsibility, and working con2 ditions normally required in the performance of the job.

3 SEC. 2. ESTABLISHMENT OF COMMISSION.

4 (a) IN GENERAL.—There is established the Commis5 sion on Employment Discrimination in the Legislative

6 Branch (hereinafter in this resolution referred to as the

7 ‘‘Commission’’).

8 (b) APPOINTMENT OF MEMBERS.—The Commission

9 shall consist of thirteen members to be appointed for the

10 life of the Commission as follows:

11 (1) Four shall be Members of the House of

12 Representatives, appointed by the Speaker of the

13 House of Representatives, two upon recommendation

14 of the majority leader and two upon recommendation

15 of the minority leader.

16 (2) Four shall be Senators, appointed by the

17 President pro tempore, two upon recommendation of

18 the majority leader and two upon recommendation of

19 the minority leader.

20 (3) Two shall be other than Members of Con21 gress, appointed by the Speaker of the House of

22 Representatives and shall, to the extent practicable,

23 be persons with expertise in job evaluation. One such

24 member shall be appointed upon recommendation of
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1 the majority leader and one upon recommendation of

2 the minority leader.

3 (4) Two shall be other than Members of Con4 gress, appointed by the President pro tempore of the

5 Senate and shall, to the extent practicable, be per6 sons with expertise in job evaluation. One such

7 member shall be appointed upon recommendation of

8 the majority leader and one shall be appointed upon

9 recommendation of the minority leader.

10 (5) One shall be appointed by the Speaker of

11 the House of Representatives and the President pro

12 tempore of the Senate, acting jointly, upon rec13 ommendation of the members appointed under para14 graphs (1) through (4).

15 (c) PREREQUISITES RELATING TO CERTAIN AP16 POINTMENTS.—(1) Of the members of the Commission ap17 pointed under subsection (b)(3)—

18 (A) one shall be a member of one of the two

19 largest labor unions at the Library of Congress; and

20 (B) one shall be a manager at the Library of

21 Congress.

22 (2) Of the members of the Commission appointed

23 under subsection (b)(4)—

24 (A) one shall be a member of one of the two

25 largest labor unions at the Library of Congress; and
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1 (B) one shall be a manager at the Library of

2 Congress.

3 (3) The member appointed under paragraph (1)(A)

4 shall not be from the same labor union as the member

5 appointed under paragraph (2)(A).

6 (d) REMOVAL.—The person making an appointment

7 may remove a member of the Commission for neglect of

8 duty or malfeasance in office.

9 (e) VACANCIES.—A vacancy in the Commission shall

10 be filled in the manner in which the original appointment

11 is made.

12 (f) CHAIRMAN; VICE CHAIRMAN.—The Commission

13 shall elect a chairman and a vice chairman from among

14 its members. The chairman and vice chairman shall not

15 be of the same political party.

16 (g) QUORUM.—Seven members of the Commission

17 shall constitute a quorum for the transaction of business,

18 but the Commission may establish a lesser number for

19 holding hearings, taking testimony, and receiving evi20 dence.

21 (h) COMMENCEMENT OF OPERATIONS.—Members

22 shall be appointed and the Commission shall commence

23 operation not later than four weeks after the date on

24 which this resolution is agreed to.
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1 SEC. 3. FUNCTIONS OF COMMISSION.

2 (a) IN GENERAL.—The Commission shall—

3 (1) employ a nongovernmental consultant with

4 expertise in job evaluation to study and compare the

5 compensation paid within and between job classifica6 tions in the Library of Congress and to analyze per7 sonnel policies and practices in the Library of Con8 gress;

9 (2) evaluate the compensation system and per10 sonnel policies and practices in the Library of Con11 gress for compliance with title VII of the Civil

12 Rights Act of 1964 and make specific recommenda13 tions (other than any recommendation that, if imple14 mented, would result in a reduction in the rate of

15 pay payable for any position) to the Congress for

16 such action as may be necessary to achieve that

17 compliance;

18 (3) develop a comprehensive plan for applica19 tion of the principles of title VII of the Civil Rights

20 Act of 1964 throughout the legislative branch; and

21 (4) make specific recommendations (other than

22 any recommendation that, if implemented, would re23 sult in a reduction in the rate of pay payable for any

24 position) to the Congress for improvement of person25 nel policies and practices in the legislative branch
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1 that may be necessary to carry out the policy de2 clared in section 1.

3 (b) SPECIFIC REQUIREMENT RELATING TO THE

4 CONSULTANT.—In carrying out the requirements of para5 graph (1) of subsection (a), the consultant employed under

6 such paragraph shall use standard objective job-evaluation

7 techniques to determine whether the compensation system

8 at the Library of Congress is in compliance with the policy

9 objectives in section 1.

10 SEC. 4. STAFF OF COMMISSION.

11 (a) STAFF DIRECTOR.—The Commission shall have

12 a Staff Director who shall be appointed by the Chairman

13 and who shall be paid at a rate not to exceed the maximum

14 rate of basic pay payable under the General Schedule (as

15 determined under section 5376 of title 5, United States

16 Code).

17 (b) ADDITIONAL STAFF.—With the approval of the

18 Commission, the Chairman may appoint, terminate, and

19 fix the pay of additional staff. Any person so appointed

20 may be paid at a rate not to exceed the maximum rate

21 of basic pay payable for grade GS–15 of the General

22 Schedule, under section 5332 of title 5, United States

23 Code.
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1 SEC. 5. COMPENSATION OF MEMBERS.

2 (a) PROHIBITION OF COMPENSATION OF CERTAIN

3 MEMBERS.—A member of the Commission who is a Mem4 ber of Congress or a full-time officer or employee of the

5 United States shall receive no additional pay by reason

6 of service on the Commission.

7 (b) COMPENSATION OF OTHER MEMBERS.—Any

8 other member of the Commission shall be paid at a rate

9 equal to the daily equivalent of the maximum annual rate

10 of basic pay payable under the General Schedule (as deter11 mined under section 5376 of title 5, United States Code)

12 for each day, including travel time, such member is en13 gaged in the performance of duties of the Commission.

14 SEC. 6. POWERS OF COMMISSION.

15 The Commission may hold hearings, take testimony,

16 receive evidence, administer oaths or affirmations to wit17 nesses appearing before it, and authorize any member or

18 agent of the Commission to exercise such powers.

19 SEC. 7. REPORTS AND TERMINATION OF COMMISSION.

20 The Commission may submit interim reports to the

21 Congress and shall submit a final report to the Congress

22 not later than 18 months after the date on which this reso23 lution is agreed to. The Commission shall cease to exist

24 thirty days after submitting the final report.
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1 SEC. 8. ADMINISTRATIVE PROVISIONS.

2 (a) FUNDING.—There shall be paid from the contin3 gent fund of the House of Representatives and the contin4 gent fund of the Senate such sums as may be necessary

5 to carry out this resolution. One-half of the total of such

6 sums shall be paid from each such fund. Payment shall

7 be upon vouchers submitted by the Chairman of the Com8 mission and approved by the Committee on House Admin9 istration of the House of Representatives or the Commit10 tee on Rules and Administration of the Senate, as appro11 priate.

12 (b) STATUS OF MEMBERS AND STAFF.—Members of

13 the Commission (other than Members of Congress) and

14 the staff of the Commission shall be treated as detailed

15 employees, or as temporary or intermittent employees of

16 the House or of the Senate, as appropriate.

17 (c) REGULATIONS.—The Committee on House Ad18 ministration of the House of Representatives and the

19 Committee on Rules and Administration of the Senate,

20 acting jointly, shall prescribe such regulations as may be

21 necessary to carry out this resolution. Employment of ex22 perts and consultants, travel, procurement of support

23 services, procedures for securing information, and other

24 administrative matters with respect to the Commission

25 shall be in accordance with such regulations.

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