II

105TH CONGRESS

1ST SESSION S. 1453

To establish a Commission on Fairness in the Workplace, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 7, 1997

Mr. DODD introduced the following bill; which was read twice and referred to

the Committee on Labor and Human Resources

A BILL

To establish a Commission on Fairness in the Workplace,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Commission

5 on Fairness in the Workplace Act’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) there is an increasing trend toward the use

9 of part-time workers;
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1 (2) part-time jobs often have no or limited

2 health or pension benefits and few labor protections;

3 (3) there is a trend toward the creation of more

4 part-time jobs than full-time jobs;

5 (4) questions have been raised regarding the

6 impact of part-time employment on wage levels, ben7 efits, earning potential, and productivity; and

8 (5) a Federal commission should be established

9 to conduct a thorough study of all matters relating

10 to the impact of part-time employment on wage lev11 els, benefits, earning potential, and productivity and

12 to study the practice of providing different wage and

13 benefit levels to part-time and full-time workers.

14 SEC. 3. ESTABLISHMENT OF COMMISSION.

15 (a) ESTABLISHMENT.—There is established a com16 mission to be known as the National Commission on Fair17 ness in the Workplace (hereafter referred to in this Act

18 as the ‘‘Commission’’).

19 (b) MEMBERSHIP.—The Commission shall be com20 posed of 9 members of whom—

21 (1) 3 shall be appointed by the President;

22 (2) 3 shall be appointed by the President pro

23 tempore of the Senate, upon the recommendation of

24 the Majority and Minority Leaders of the Senate;

25 and
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1 (3) 3 shall be appointed by the Speaker of the

2 House of Representatives, in consultation with the

3 Minority Leader of the House of Representatives.

4 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem5 bers shall be appointed for the life of the Commission. Any

6 vacancy in the Commission shall not affect its powers, but

7 shall be filled in the same manner as the original appoint8 ment.

9 (d) INITIAL MEETING.—Not later than 30 days after

10 the date on which all members of the Commission have

11 been appointed, the Commission shall hold its first meet12 ing as directed by the President.

13 (e) MEETINGS.—After the initial meeting, the Com14 mission shall meet at the call of the Chairperson.

15 (f) QUORUM.—A majority of the members of the

16 Commission shall constitute a quorum for the transaction

17 of business, but a lesser number of members may hold

18 hearings.

19 (g) CHAIRPERSON AND VICE CHAIRPERSON.—The

20 Commission shall select a Chairperson and Vice Chair21 person from among its members.

22 SEC. 4. DUTIES OF THE COMMISSION.

23 (a) STUDY.—
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1 (1) IN GENERAL.—The Commission shall con2 duct a comprehensive study of the impact of part3 time employment in the United States.

4 (2) MATTERS TO BE STUDIED.—The matters to

5 be studied by the Commission under paragraph (1)

6 shall include—

7 (A) a review of the trend toward creation

8 of more part-time than full-time jobs;

9 (B) an assessment of the relationship be10 tween part-time work and wage levels, benefits,

11 earning potential, and productivity; and

12 (C) a review of the practice of providing

13 different wage and benefit levels to part-time

14 and full-time workers.

15 (b) REPORT.—No later than 12 months after the

16 Commission holds its first meeting, the Commission shall

17 submit a report on the study to the President and Con18 gress. The report shall contain a detailed statement of the

19 findings and conclusions of the Commission, together with

20 its recommendations for such legislation and administra21 tive actions as it considers appropriate.

22 SEC. 5. POWERS OF THE COMMISSION.

23 (a) HEARINGS.—The Commission may hold such

24 hearings, sit and act at such times and places, take such
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1 testimony, and receive such evidence as the Commission

2 considers advisable to carry out its duties of this Act.

3 (b) INFORMATION FROM FEDERAL AGENCIES.—The

4 Commission may secure directly from any Federal depart5 ment or agency such information as the Commission con6 siders necessary to carry out the provisions of this Act.

7 Upon request of the Chairperson of the Committee, the

8 head of such department or agency shall furnish such in9 formation to the Commission.

10 SEC. 6. COMMISSION PERSONNEL MATTERS.

11 (a) COMPENSATION OF MEMBERS.—Each member of

12 the Commission who is not otherwise an officer or em13 ployee of the Federal Government shall be compensated

14 at a rate equal to the daily equivalent of the annual rate

15 of basic pay prescribed for a position at level IV of the

16 Executive Schedule under section 5315 of title 5, United

17 States Code, for each day (including travel time) during

18 which such member is engaged in the performance of the

19 duties of the Commission. Each member of the Commis20 sion who is otherwise an officer or employee of the United

21 States shall serve without compensation in addition to that

22 received for services as an officer or employee of the Unit23 ed States.

24 (b) TRAVEL EXPENSES.—The members of the Com25 mission shall be allowed travel expenses, including per
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1 diem in lieu of subsistence, at rates authorized for employ2 ees of agencies under subchapter I of chapter 57 of title

3 5, United States Code, while away from their homes or

4 regular places of business in the performance of service

5 for the Commission.

6 (c) STAFF.—

7 (1) IN GENERAL.—The Chairperson of the

8 Commission may, without regard to the civil service

9 laws and regulations, appoint and terminate an exec10 utive director and such other additional personnel as

11 may be necessary to enable the Commission to per12 form its duties. The employment and termination of

13 an executive director shall be subject to confirmation

14 by a majority of the members of the Commission.

15 (2) COMPENSATION.—The executive director

16 shall be compensated at a rate not to exceed the rate

17 payable for a position at level V of the Executive

18 Schedule under section 5316 of title 5, United

19 States Code. The Chairperson may fix the com20 pensation of other personnel without regard to the

21 provisions of chapter 51 and subchapter III of chap22 ter 53 of title 5, United States Code, relating to

23 classification of positions and General Schedule pay

24 rates, except that the rate of pay for such personnel

25 may not exceed the rate payable for a position at
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1 level V of the Executive Schedule under section 5316

2 of such title.

3 (3) DETAIL OF GOVERNMENT EMPLOYEES.—

4 Any Federal Government employee, with the ap5 proval of the head of the appropriate Federal agen6 cy, may be detailed to the Commission without reim7 bursement, and such detail shall be without inter8 ruption or loss of civil service status, benefits, or

9 privilege.

10 (d) PROCUREMENT OF TEMPORARY AND INTERMIT11 TENT SERVICES.—The Chairperson of the Commission

12 may procure temporary and intermittent services under

13 section 3109(b) of title 5, United States Code, at rates

14 for individuals not to exceed the daily equivalent of the

15 annual rate of basic pay prescribed for a position at level

16 V of the Executive Schedule under section 5316 of such

17 title.

18 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated to the Com20 mission such sums as may be necessary to carry out the

21 purposes of this Act. Any sums appropriated shall remain

22 available, without fiscal year limitation, until expended.
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1 SEC. 8. TERMINATION.

2 The Commission shall terminate 30 days after sub3 mission of its report under section 4(b).

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