H.R.5697 - To establish the National Workplace Safety Commission.101st Congress (1989-1990)
|Sponsor:||Rep. Hubbard, Carroll, Jr. [D-KY-1] (Introduced 09/24/1990)|
|Committees:||House - Education and Labor|
|Latest Action:||House - 10/26/1990 Referred to the Subcommittee on Health and Safety. (All Actions)|
This bill has the status Introduced
Here are the steps for Status of Legislation:
Text: H.R.5697 — 101st Congress (1989-1990)All Information (Except Text)
There is one version of the bill.
Text available as:
- Bill and resolution texts for 1989-1992 (101st-102nd Congresses) predate authenticated digital publishing.
Introduced in House
HR 5697 IH 101st CONGRESS 2d Session H. R. 5697 To establish the National Workplace Safety Commission. IN THE HOUSE OF REPRESENTATIVES September 24, 1990 Mr. HUBBARD introduced the following bill; which was referred to the Committee on Education and Labor A BILL To establish the National Workplace Safety Commission. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTABLISHMENT. There is hereby established the National Workplace Safety Commission (hereafter in this Act referred to as the `Commission'). SEC. 2. DUTIES. The Commission shall-- (1) investigate all workplace accidents resulting in the death of three or more persons; (2) report in writing on the facts, conditions, and circumstances of each accident investigated pursuant to paragraph (1) and make recommendations for changes in occupational safety and health standards based upon such investigations; (3) transmit the reports described in paragraph (2) to-- (A) the Congress; (B) the Occupational Safety and Health Administration; and (C) the Mine Safety and Health Administration; and (4) make such reports available to the public at a reasonable cost and publish notice of such availability in the Federal Register. SEC. 3. MEMBERSHIP. (a) NUMBER AND APPOINTMENT- The Commission shall consist of six members appointed by the President, by and with the advise and consent of the Senate, from among individuals representing various industrial interests, including light and heavy manufacturing, construction, and mining, with an equal ratio of labor to management representation. `(b) TERMS- Each member shall be appointed for a term of five years, except that of the members first appointed-- (1) two shall be appointed for a term of three years; (2) two shall be appointed for a term of four years; and (3) two shall be appointed for a term of five years. (c) VACANCIES- A vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (d) COMPENSATION- Members shall each be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule. (e) 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. (f) CHAIRPERSON; VICE CHAIRPERSON- (1) CHAIRPERSON- The Chairperson shall be designated by the President, by and with the consent of the Senate. The term of office of the Chairperson shall be two years. (2) VICE CHAIRPERSON- The Vice Chairperson shall be appointed by the President. The term of office of the Vice Chairperson shall be two years. SEC. 4. PERSONNEL; EXPERTS AND CONSULTANTS. (a) PERSONNEL- Subject to the civil service and classification laws, the Commission may select, appoint, employ, and fix the compensation of such officers and employees as shall be necessary to carry out its powers and duties under this Act. (b) EXPERTS AND CONSULTANTS- The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. SEC. 5. 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. SEC. 6. POWERS OF 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) POWERS OF MEMBERS AND AGENTS- 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 section. (c) 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 Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) 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) 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 made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (f) IMMUNITY- The Commission is an agency of the United States for the purpose of part V of title 18, United States Code (relating to immunity of witnesses). (g) CONTRACT AUTHORITY- The Commission may contract with and compensate government and private agencies or persons for supplies or services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. TERMINATION. Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.