TABLE OF CONTENTS:
Title I: Provisions Relating to Pay and Personnel
Practices in the Executive Branch
Title II: Provisions Relating to Pay and Personnel
Practices in the Legislative Branch
Title III: Discriminatory Wage-Setting Practices
and Discriminatory Wage Disparities
Subtitle A: Technical Assistance
Subtitle B: Wage Discrimination Based on Sex,
Race, or National Origin
Subtitle C: Compliance With Executive Order 11246
Subtitle D: Amendments to Achieve Budget Neutrality
Pay Equity Employment Reform Act of 1994 - Title I: Provisions Relating to Pay and Personnel Practices in the Executive Branch - Requires the Director of the Office of Personnel Management (OPM), the Director of the Office of Management and Budget, and the Secretary of Labor (Secretary) to provide for: (1) a study and report to the President and the Congress by an outside consultant evaluating certain Government personnel practices for discriminatory pay practices and providing recommendations for corrective action; and (2) implementation of such recommendations.
Gives OPM continuing oversight over the implementation process.
Title II: Provisions Relating to Pay and Personnel Practices in the Legislative Branch - Requires the General Accounting Office to: (1) perform similar studies and make similar reports with respect to legislative branch positions subject to statutory civil rights and labor standards protections; and (2) develop a plan for applying certain non-discriminatory pay and other principles to other legislative branch positions.
Title III: Discriminatory Wage-Setting Practices and Discriminatory Wage Disparities - Requires the Secretary to develop and carry out a continuing program for eliminating discriminatory wage-setting practices and wage disparities through, among other means, providing appropriate technical assistance to any public or private entity upon request.
Authorizes appropriations to the Equal Employment Opportunity Commission for FY 1995 through 1999 for: (1) enforcement of wage discrimination laws; and (2) activities to increase public awareness of wage discrimination.
Directs the Secretary to develop and implement review procedures for determining compliance with Executive Order 11246 in every contract compliance program audited contract.
Amends title XVIII (Medicare) of the Social Security Act to establish standard payment rates for home health services.
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 3738 Introduced in House (IH)]
103d CONGRESS
2d Session
H. R. 3738
To promote equitable pay practices and eliminate discrimination within
the civil service; to provide for more equitable pay practices within
the legislative branch; to require the executive branch to gather and
disseminate information regarding, and to promote techniques to
eliminate, discriminatory wage-setting practices and discriminatory
wage disparities which are based on sex, race, or national origin; and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 26, 1994
Mr. Andrews of Texas (for himself, Ms. Norton, Mrs. Morella, and Mrs.
Schroeder) introduced the following bill; which was referred jointly to
the Committees on Post Office and Civil Service, House Administration,
Ways and Means, and Education and Labor
_______________________________________________________________________
A BILL
To promote equitable pay practices and eliminate discrimination within
the civil service; to provide for more equitable pay practices within
the legislative branch; to require the executive branch to gather and
disseminate information regarding, and to promote techniques to
eliminate, discriminatory wage-setting practices and discriminatory
wage disparities which are based on sex, race, or national origin; 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 ``Pay Equity Employment Reform Act of
1994''.
TITLE I--PROVISIONS RELATING TO PAY AND PERSONNEL PRACTICES IN THE
EXECUTIVE BRANCH
SEC. 101. STATEMENT OF PURPOSE.
(a) Purpose.--The purpose of this title is to determine--
(1) whether the Government's position-classification system
under chapter 51 of title 5, United States Code, and
prevailing-rate system under subchapter IV of chapter 53 of
such title 5, are designed and administered in a manner
consistent with the general policy (as expressed in title VII
of the Civil Rights Act of 1964 and section 6(d) of the Fair
Labor Standards Act of 1938) that sex, race, and national
origin should not be among the factors considered in
determining the rate of basic pay for any employee or position;
and
(2) whether the Government's appointment and promotion
practices with respect to the respective systems referred to in
paragraph (1) are generally consistent with applicable
provisions of law prohibiting discrimination on the basis of
sex, race, or national origin.
(b) Linkage With General Schedule.--For purposes of this title,
subchapter III of chapter 53 of title 5, United States Code, shall be
considered to be part of the position-classification system under
chapter 51 of such title 5.
SEC. 102. STUDY REQUIREMENTS.
(a) Methodology.--
(1) In general.--In order to carry out the purpose set
forth in section 101(a)(1), the appropriate officials (as
defined in section 107(4)) shall provide, by contract with the
consultant selected under section 103(b), for the performance
of a study under which objective, nondiscriminatory job-
evaluation techniques shall be applied with respect to a
representative sample of occupations, giving particular
attention to occupations in which members of any racial or
ethnic group or either sex are disproportionately represented.
(2) Specific comparisons.--In performing the study,
comparisons shall be made--
(A) within each system and between the respective
systems referred to in section 101(a)(1); and
(B) on an intraagency and interagency basis.
(b) Separate Study.--Under the contract, the consultant shall be
required to perform a separate study to carry out the purpose set forth
in section 101(a)(2).
(c) Views To Be Considered.--In carrying out its responsibilities
under this title, the consultant shall provide for meetings with, and
give thorough consideration to the views and recommendations of--
(1) labor organizations representing individuals in
Government service generally;
(2) employee organizations which--
(A) have as a purpose promoting the interests of
women in Government service; and
(B) are composed primarily of women holding
positions covered by either of the systems referred to
in section 101(a)(1); and
(3) employee organizations which--
(A) have as a purpose promoting the civil rights of
individuals in Government service; and
(B) are composed primarily of minority group
members holding positions covered by either of the
systems referred to in section 101(a)(1).
SEC. 103. SELECTION OF A CONSULTANT.
(a) List of Qualified Consultants.--The Comptroller General of the
United States shall prepare and, as soon as possible, submit to the
appropriate officials a list of at least 5 consultants which, based on
their impartiality, expertise, and experience, the Comptroller General
considers appropriate to perform the studies required by this title.
Selections under this subsection shall be made in accordance with the
laws and regulations governing procurements by agencies generally.
(b) Final Selection.--The selection of a consultant to perform the
studies required by this title shall be made by the appropriate
officials from among the consultants included on the list under
subsection (a).
SEC. 104. REPORTING REQUIREMENTS.
(a) Deadline.--The appropriate officials shall, not later than 12
months after the effective date of this title, submit to the President
and each House of Congress--
(1) the consultant's report, as described in subsection
(b); and
(2) such officials' comments with respect to the report.
(b) Matters To Be Addressed in the Consultant's Report.--The
consultant's report shall include--
(1) a list of the occupations between or among which pay
disparities were found to exist, even though the work performed
in those respective occupations involved skills, effort,
responsibilities, and qualification requirements which, while
not identical, were equivalent when taken in their totality;
and
(2) the extent to which any pay disparities identified
under paragraph (1)--
(A) can be accounted for by the application of
objective, nondiscriminatory job-evaluation techniques;
or
(B) cannot be accounted for by the application of
objective, nondiscriminatory job-evaluation techniques.
The report shall also include the consultant's findings and conclusions
with respect to the matter described in section 101(a)(2).
(c) Matters To Be Addressed In Comments.--
(1) In general.--Included as part of the comments referred
to in subsection (a)(2) shall be--
(A) a statement by the appropriate officials as to
whether any disparity described in subsection (b)(2)(B)
may be inconsistent with the general policy referred to
in section 101(a)(1); and
(B) subject to paragraph (3), recommendations for
any corrective action or other measures which such
officials consider appropriate with respect to any
disparities identified under subparagraph (A).
(2) Implementation of measures.--The appropriate officials
shall identify which, if any, of the recommendations under
paragraph (1)(B) may be carried out pursuant to any authority
available under existing law, and shall make recommendations
for any legislation or other authority needed with respect to
any of the other recommendations.
(3) Limitation.--The appropriate officials may not make any
recommendation under this title which would involve a reduction
in any grade or rate of basic pay.
(d) Dissemination Within Legislative Branch.--The appropriate
officials shall furnish a copy of the consultant's report, together
with such officials' comments, to each appointing authority in the
legislative branch of the Government.
(e) Continuing Oversight.--The Office of Personnel Management
shall, not later than 6 months after the requirements of subsection (a)
have been met, and at least annually thereafter, submit to the
President and each House of Congress (including the Office of Senate
Fair Employment Practices and the Office of Fair Employment Practices
of the House of Representatives) a report which--
(1) shall describe any progress made in implementing the
recommendations described in subsection (c)(1)(B);
(2) shall include information relating to levels of pay for
male and female employees, respectively, within the same
occupation in the executive branch; and
(3) may include any other information or recommendations
which the Office considers appropriate.
SEC. 105. RULE OF CONSTRUCTION.
Nothing in this title shall be considered to limit any of the
rights or remedies provided under the Civil Rights Act of 1964, section
6(d) of the Fair Labor Standards Act of 1938, or any other provision of
law relating to discrimination on the basis of race, color, religion,
sex, national origin, handicap, or age.
SEC. 106. FUNDING.
Sums appropriated to the Office of Personnel Management for general
operating expenses shall be available to carry out this title.
SEC. 107. DEFINITIONS.
For the purpose of this title--
(1) the term ``occupation'' means any grouping of positions
within an agency, as determined under chapter 51 of title 5,
United States Code, or subchapter IV of chapter 53 of such
title;
(2) the term ``agency'' means an executive agency, as
defined by section 105 of title 5, United States Code (other
than the General Accounting Office);
(3) the term ``consultant'' includes an organization which
provides consultant services;
(4) the term ``appropriate officials'' means the Director
of the Office of Personnel Management, the Director of the
Office of Management and Budget, and the Secretary of Labor;
(5) the term ``labor organization'' has the meaning given
that term by section 7103(a)(4) of title 5, United States
Codes; and
(6) the term ``Government'' means the Government of the
United States.
SEC. 108. EFFECTIVE DATE.
This title shall take effect 30 days after the date of the
enactment of this Act.
TITLE II--PROVISIONS RELATING TO PAY AND PERSONNEL PRACTICES IN THE
LEGISLATIVE BRANCH
SEC. 201. RESPONSIBILITIES OF THE GENERAL ACCOUNTING OFFICE.
The General Accounting Office shall--
(1) with respect to positions in the legislative branch to
which title VII of the Civil Rights Act of 1964 and section
6(d) of the Fair Labor Standards Act of 1938 apply, perform
studies similar to those required under title I; and
(2) develop a comprehensive plan under which the general
principles set forth in section 101(a) may be made applicable
to positions in the legislative branch other than those
described in paragraph (1).
SEC. 202. REPORTING REQUIREMENT.
The General Accounting Office shall submit a written report to the
President and each House of Congress not later than 12 months after the
date of the enactment of this Act. Included in such report shall be--
(1) the findings and conclusions of its studies under
section 201(1), together with any recommendations which the
General Accounting Office considers appropriate; and
(2) the details of its comprehensive plan, as required
under section 201(2).
TITLE III--DISCRIMINATORY WAGE-SETTING PRACTICES AND DISCRIMINATORY
WAGE DISPARITIES
Subtitle A--Technical Assistance
SEC. 301. STATEMENT OF PURPOSE.
Recognizing that the identification and elimination of
discriminatory wage-setting practices and discriminatory wage
disparities are in the public interest, the purpose of this subtitle is
to help eliminate such practices and disparities by--
(1) providing for the development and utilization of
techniques that will promote the establishment of wage rates
based on the work performed and other appropriate factors,
rather than the sex, race, or national origin of the employee;
and
(2) providing for the public dissemination of information
relating to the techniques described in paragraph (1), thereby
encouraging and stimulating public and private employers,
through the use of such techniques, to correct wage-setting
practices and eliminate wage disparities, to the extent that
they are based on the sex, race, or national origin of the
employee, rather than the work performed and other appropriate
factors.
SEC. 302. PROGRAM SPECIFICATIONS.
In order to carry out the purpose of this subtitle, the Secretary
of Labor shall develop and carry out a continuing program under which,
among other things, the Secretary shall--
(1) develop and implement a program for the dissemination
of information on efforts being made in the private and public
sectors to reduce or eliminate wage disparities, to the extent
that they are based on the sex, race, or national origin of the
employee, rather than the work performed and other appropriate
factors;
(2) undertake and promote research into the development of
techniques to reduce or eliminate wage disparities, to the
extent that they are based on the sex, race, or national origin
of the employee, rather than the work performed and other
appropriate factors; and
(3) develop and implement a program for providing
appropriate technical assistance to any public or private
entity requesting such assistance to correct wage-setting
practices or to eliminate wage disparities, to the extent that
they are based on the sex, race, or national origin of the
employee, rather than the work performed and other appropriate
factors.
SEC. 303. DEFINITION.
For the purpose of this subtitle, the term ``other appropriate
factors'' includes factors such as--
(1) the skill, effort, responsibilities, and qualification
requirements for the work involved, taken in their totality;
(2) geographic location and working conditions; and
(3) seniority, merit, productivity, education, and work
experience.
Subtitle B--Wage Discrimination Based on Sex, Race, or National Origin
SEC. 351. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Equal Employment
Opportunity Commission $100,000,000 for each of the fiscal years 1995,
1996, 1997, 1998, and 1999, to be expended--
(1) to enforce the provisions of those laws administered by
the Commission that relate to wage discrimination based on sex,
race, or national origin; and
(2) to carry out activities to increase public awareness of
the right to be free from such wage discrimination that
violates such laws.
Subtitle C--Compliance With Executive Order 11246
The Secretary of Labor shall develop and implement standard
procedures to review compliance with Executive Order 11246 in every
contract audited through the contract compliance program of the
Department of Labor.
Subtitle D--Amendments To Achieve Budget Neutrality
SEC. 381. ESTABLISHMENT OF STANDARD PAYMENT RATES FOR HOME HEALTH
SERVICES.
(a) In General.--
(1) Standard payment rates described.--Title XVIII of the
Social Security Act is amended by inserting after section 1889
the following new section:
``standard payment rates for home health services
``Sec. 1890. (a) In General.--Notwithstanding section 1814(b)(1),
section 1833(a)(2)(A), or any other provision of this title, the amount
of payment made under this title for home health services furnished by
a home health agency on or after January 1, 1994, shall equal the
adjusted standard per visit payment rate determined under subsection
(b) for the category of home health services involved (as defined in
subsection (d)(1)) for the fiscal year during which the services are
furnished.
``(b) Determination of Adjusted Standard Per Visit Payment Rates.--
``(1) In general.--The adjusted standard per visit payment
rate for home health services furnished in a fiscal year is
equal to--
``(A) the base per visit rate for the category of
home health services involved for the fiscal year
determined under paragraph (2), adjusted for area wage
differences under paragraph (3); and
``(B) in the case of home health services in the
category of services described in subsection (d)(1)(A)
that involve the furnishing of non-routine medical
supplies directly identifiable as services for an
individual patient (but not including durable medical
equipment, prosthetic devices, or orthotics and
prosthetics), the amount described in subparagraph (A)
increased by the medical supply add-on described in
paragraph (4).
``(2) Base per visit rate.--
``(A) Initial rate.--The base per visit rate for a
category of home health services furnished by a home
health agency in fiscal year 1994 shall be an amount
equal to 93 percent of the mean of the labor-related
and nonlabor costs for that category of services
utilized for purposes of computing limits under section
1861(v)(1)(L) for cost reporting periods beginning on
or after July 1, 1993, and before July 1, 1994,
increased by the cost reporting period adjustment
factor for January 1994 (as specified in the regulation
setting forth such limits).
``(B) Subsequent years.--The base per visit rate
for a category of home health services furnished by a
home health agency in a fiscal year beginning on or
after October 1, 1994 is the base per visit rate for
that category of services for the preceding fiscal year
increased by the home health market basket percentage
increase (as defined in subsection (d)(2)) for such
fiscal year.
``(3) Adjusting for area wage levels.--The Secretary shall
adjust the base per visit rate determined under paragraph (2)
for home health services furnished by a home health agency for
a fiscal year by utilizing the area wage index applicable
during the fiscal year under section 1886(d)(3)(E) to hospitals
located in the geographic area in which the agency is located
(determined without regard to whether such hospitals have been
reclassified to a new geographic area pursuant to section
1886(d)(8)(B), a decision of the Medicare Geographic
Classification Review Board or the Secretary under section
1886(d)(10)).
``(4) Medical supply add-on described.--The medical supply
add-on described in this paragraph is equal to--
``(A) for fiscal year 1994, the estimated national
average cost of non-routine medical supplies directly
identifiable as services for an individual patient (but
not including durable medical equipment, prosthetic
devices, or orthotics and prosthetics) associated with
a home health visit, as estimated by the Secretary
based upon the best data available and updated through
fiscal year 1994 by the Secretary's estimate of the
increase in the medical equipment and supplies
component of the supplies and rental consumer price
index for all urban consumers (U.S. city average), from
the end of the period from which the data was drawn
through fiscal year 1994; and
``(B) for a subsequent fiscal year, the add-on for
the preceding fiscal year increased by the Secretary's
estimate of the percentage increase in the index
referred to in subparagraph (A) for the fiscal year
involved.
``(c) Cost Reporting Requirements.--
``(1) In general.-- Not later than January 1, 1994, the
Secretary shall implement a system under which a random sample
of home health agencies shall submit cost reports. Cost reports
submitted under such system shall be used solely for purposes
of comparing the costs of home health agencies with the
adjusted standard payment rates established under subsection
(b).
``(2) System described.--The system developed under
paragraph (1) shall--
``(A) utilize a different random sample of agencies
for each 12-month period,
``(B) include in such random sample 5 percent of
all home health agencies, and
``(C) to the greatest extent practicable and
consistent with the preceding provisions of this
paragraph, avoid requiring a home health agency to
submit a cost report pursuant to paragraph (1) more
than once in any 5-year period.
``(3) Reports of additional agencies.--Any home health
agency that is not required to submit a cost report pursuant to
paragraph (1) for a cost reporting period may be required by
the Secretary to submit a simplified cost report for such
period, in accordance with regulations issued by the Secretary.
The Secretary may use such reports solely for the purposes
described in such paragraph.
``(d) Definitions.--For purposes of this section:
``(1) The term `category of home health services' means any
one of the following home health services:
``(A) Skilled nursing services.
``(B) Physical therapy services.
``(C) Occupational therapy services.
``(D) Speech therapy services.
``(E) Medical social services.
``(F) Home health aide services.
``(2) The term `home health market basket percentage
increase' means, with respect to a fiscal year, the percentage
by which the cost of the mix of goods and services comprising
home health services will exceed the cost of such mix of goods
and services for the preceding fiscal year, as estimated by the
Secretary before the fiscal year begins.''.
(2) Exceptions and adjustments for costs significantly in
excess of payments.--The Secretary of Health and Human Services
shall provide by regulation for such exceptions and adjustments
to the payment amounts established for home health services
under section 1890(a) of the Social Security Act (as added by
paragraph (1)) as the Secretary deems appropriate for services
for which a home health agency incurs costs that significantly
exceed such payment amounts for reasons beyond the agency's
control, subject to any limits the Secretary may establish to
ensure that such an exception or adjustment does not result in
the reimbursement of any costs that the Secretary does not find
to be reasonable.
(b) Conforming Amendments.--
(1) Amendments relating to part a.--(A) Section 1814(b) of
such Act (42 U.S.C. 1395f(b)) is amended in the matter
preceding paragraph (1) by striking ``1813 and 1886'' and
inserting ``1813, 1886, and 1890''.
(B) Section 1813(a)(5) of such Act, as added by section
604(a)(1), is amended by striking ``the average of all the per
visit costs'' and all that follows and inserting ``the payment
amount determined for such services under section 1890(a).''.
(2) Amendments relating to part b.--(A) Section
1832(a)(2)(F) of such Act, as added by section 604(a)(2), is
amended--
(i) by amending clause (i) to read as follows:
``(i) the payment amount determined for
such service under section 1890(a), less the
amount a provider may charge as described in
clause (ii) of section 1866(a)(2)(A);''; and
(ii) in the matter following clause (iii), by
striking ``the average of all the per visit costs'' and
all that follows and inserting ``the payment amount
determined for such services under section 1890(a).''.
(B) Section 1861(v)(1)(L) of such Act (42 U.S.C.
1395x(v)(1)(L)) is amended by adding at the end the following
new clause:
``(iv) Clauses (i), (ii), and (iii) shall not apply to any services
furnished on or after January 1, 1994.''.
(c) Effective Date.--The amendments made by this section shall
apply to services furnished during cost reporting periods beginning on
or after January 1, 1994.
<all>
HR 3738 IH----2
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E36)
Referred to the House Committee on Education and Labor.
Referred to the House Committee on House Administration.
Referred to the House Committee on Post Office and Civil Service.
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Personnel and Police.
Referred to the Subcommittee on Compensation and Employee Benefits.
Referred to the Subcommittee on Health.
Sponsor introductory remarks on measure. (CR E154)
Referred to the Subcommittee on Select Education and Civil Rights.
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