Text: H.R.5697 — 101st Congress (1989-1990)All Information (Except Text)

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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.