II

103D CONGRESS

2D SESSION S. 2356

To establish the Commission on the Advancement of Women in the Science

and Engineering Work Forces.

IN THE SENATE OF THE UNITED STATES

AUGUST 3 (legislative day JULY 20), 1994

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

to the Committee on Labor and Human Resources

A BILL

To establish the Commission on the Advancement of Women

in the Science and Engineering Work Forces.

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 ‘‘Commission on the

5 Advancement of Women in the Science and Engineering

6 Work Forces Act’’.

7 SEC. 2. FINDINGS.

8 The Congress finds that—

9 (1) despite a consistently high presence of

10 women in the professional and total work forces of
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1 the United States, women continue to be

2 underrepresented in the science and engineering

3 work forces;

4 (2) women scientists and engineers have higher

5 rates of unemployment and underemployment than

6 their male counterparts, although the number of

7 women receiving degrees in scientific and engineer8 ing disciplines has increased since 1981;

9 (3) artificial barriers exist in the recruitment,

10 retention, and advancement of women in the science

11 and engineering work forces;

12 (4) academia, industry, and government are in13 creasingly aware of the necessity of and the advan14 tages derived from diverse science and engineering

15 work forces;

16 (5) initiatives of the White House Task Force

17 on Women, Minorities, and the Handicapped in

18 Science and Technology and of the Federal Coordi19 nating Council on Science, Engineering, and Tech20 nology have been instrumental in raising public

21 awareness of—

22 (A) the underrepresentation of women in

23 the science and engineering work forces; and
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1 (B) the desirability of eliminating artificial

2 barriers to the recruitment, retention, and ad3 vancement of women in such work forces; and

4 (6) the establishment of a commission to exam5 ine issues raised by these initiatives would help to—

6 (A) focus greater attention on the impor7 tance of eliminating artificial barriers to the re8 cruitment, retention, and advancement of

9 women in the science and engineering work

10 forces and in all employment sectors of the

11 United States;

12 (B) promote work force diversity;

13 (C) sensitize employers to the need to re14 cruit and retain women scientists and engineers

15 in order to overcome projected shortfalls within

16 the science and engineering work forces of the

17 United States during the next 20 years; and

18 (D) encourage the replication of successful

19 recruitment and retention programs by univer20 sities, corporations, and Federal agencies hav21 ing difficulties in employing women scientists

22 and engineers.

23 SEC. 3. ESTABLISHMENT.

24 There is established a commission to be known as the

25 ‘‘Commission on the Advancement of Women in the
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1 Science and Engineering Work Forces’’ (hereinafter in

2 this Act referred to as the ‘‘Commission’’).

3 SEC. 4. DUTY OF COMMISSION.

4 The Commission shall conduct a study to—

5 (1) identify the number of women in the United

6 States in the science and engineering work forces,

7 and the specific types of occupations in such

8 workforces in which women scientists and engineers

9 are underrepresented;

10 (2) examine the preparedness of women to—

11 (A) pursue careers in the science and engi12 neering work forces; and

13 (B) advance to positions of greater respon14 sibility within academia, industry, and govern15 ment;

16 (3) describe the practices and policies of em17 ployers and labor unions relating to the recruitment,

18 retention, and advancement of women scientists and

19 engineers;

20 (4) identify the opportunities for, and artificial

21 barriers to, the recruitment, retention, and advance22 ment of women scientists and engineers in academia,

23 industry, and government;

24 (5) describe the employment situations in which

25 the recruitment, retention, and advancement of
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1 women scientists and engineers are comparable to

2 their male counterparts, and identify those situa3 tions in which such comparability does not exist;

4 (6) compile a synthesis of available research on

5 practices, policies, and programs that have success6 fully led to the recruitment, retention, and advance7 ment of women in the science and engineering work

8 forces, including training programs, rotational as9 signments, developmental programs, reward pro10 grams, employee benefit structures, and family leave

11 policies;

12 (7) examine such other issues and information

13 relating to the advancement of women in the science

14 and engineering work forces as determined by the

15 Commission to be appropriate; and

16 (8) issue recommendations that government (in17 cluding Congress and appropriate Federal agencies),

18 academia, and private industry can follow to assist

19 in the recruitment, retention, and advancement of

20 women in science and engineering.

21 SEC. 5. MEMBERSHIP.

22 (a) NUMBER AND APPOINTMENT.—The Commission

23 shall be composed of 18 members as follows:

24 (1) 5 members appointed by the President.
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1 (2) 3 members appointed jointly by the Speaker

2 of the House of Representatives and the majority

3 leader of the Senate.

4 (3) 1 member appointed by the majority leader

5 of the House of Representatives.

6 (4) 1 member appointed by the minority leader

7 of the House of Representatives.

8 (5) 1 member appointed by the majority leader

9 of the Senate.

10 (6) 1 member appointed by the minority leader

11 of the Senate.

12 (7) 2 Members of the House of Representatives,

13 appointed jointly by the majority leader and the mi14 nority leader of the House of Representatives.

15 (8) 2 Senators appointed jointly by the majority

16 leader and the minority leader of the Senate.

17 (9) The Director of the Office of Science and

18 Technology Policy.

19 (b) ADDITIONAL QUALIFICATIONS.—Initial appoint20 ments shall be made under subsection (a) not later than

21 180 days after the date of the enactment of this Act. In

22 making each appointment under subsection (a), the ap23 pointing authority shall consider (among other factors)

24 whether the individual—
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1 (1) is a member of an organization representing

2 women and minorities;

3 (2) holds executive management or senior deci4 sion-making positions in any business entity; and

5 (3) possesses academic expertise or other recog6 nized abilities relating to employment and employ7 ment discrimination issues.

(c) POLITICAL AFFILIATION.—Not more than 1 8 ⁄2 of

9 the members may be of the same political party.

10 (d) CONTINUATION OF MEMBERSHIP.—If a member

11 was appointed to the Commission because the member was

12 an officer or employee of any government and later ceases

13 to be such an officer or employee, that member may con14 tinue as a member of the Commission for not longer than

15 the 60-day period beginning on the date the member

16 ceases to be such an officer or employee.

17 (e) TERMS.—

18 (1) IN GENERAL.—Each Member shall be ap19 pointed for the life of the Commission.

20 (2) VACANCIES.—A vacancy in the Commission

21 shall be filled in the manner in which the original

22 appointment was made.

23 (f) BASIC PAY.—

24 (1) RATES OF PAY.—Except as provided in

25 paragraph (2), each member of the Commission
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1 shall receive compensation at the daily equivalent of

2 the maximum rate of pay payable under section

3 5376 of title 5, United States Code, for each day the

4 member is engaged in the performance of duties for

5 the Commission, including attendance at meetings

6 and conferences of the Commission, and travel to

7 conduct the duties of the Commission.

8 (2) PROHIBITION OF COMPENSATION OF FED9 ERAL EMPLOYEES.—Members of the Commission

10 who are full-time officers or employees of the United

11 States or Members of Congress may not receive ad12 ditional pay, allowances, or benefits by reason of

13 their service on the Commission.

14 (g) TRAVEL EXPENSES.—Each member shall receive

15 travel expenses, including per diem in lieu of subsistence,

16 in accordance with sections 5702 and 5703 of title 5,

17 United States Code.

18 (h) QUORUM.—A majority of the members of the

19 Commission shall constitute a quorum for the transaction

20 of business.

21 (i) CHAIRPERSON.—The Director of the Office of

22 Science and Technology Policy shall serve as the Chair23 person of the Commission.

24 (j) MEETINGS.—
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1 (1) MEETINGS PRIOR TO COMPLETION OF RE2 PORT.—The Commission shall meet not fewer than

3 5 times in connection with and pending the comple4 tion of the reports described in subsections (a) and

5 (b) of section 8. The Commission shall hold addi6 tional meetings for such purpose if the Chairperson

7 or a majority of the members of the Commission re8 quests the additional meetings in writing.

9 (2) MEETINGS AFTER COMPLETION OF RE10 PORT.—The Commission shall meet at least once,

11 but not more than twice after the completion of the

12 report described in section 8(b), in connection with

13 and pending completion of the report required by

14 section 8(c).

15 (k) EMPLOYMENT STATUS.—A member of the Com16 mission, who is not otherwise an officer or employee of

17 the Federal Government, shall not be deemed to be an

18 employee of the Federal Government except for the pur19 poses of—

20 (1) the tort claims provisions of chapter 171 of

21 title 28, United States Code; and

22 (2) subchapter I of chapter 81 of title 5, United

23 States Code, relating to compensation for work

24 injuries.
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1 SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS

2 AND CONSULTANTS.

3 (a) DIRECTOR.—The Commission shall have a Direc4 tor who shall be appointed by the Chairperson. The Direc5 tor shall be paid at a rate not to exceed the maximum

6 annual rate of basic pay payable under section 5376 of

7 title 5, United States Code.

8 (b) STAFF.—Subject to rules prescribed by the Com9 mission, the Chairperson may appoint and fix the pay of

10 additional personnel as the Chairperson considers appro11 priate.

12 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

13 LAWS.—The Director and staff of the Commission may

14 be appointed without regard to the provisions of title 5,

15 United States Code, governing appointments in the com16 petitive service, and may be paid without regard to the

17 provisions of chapter 51 and subchapter III of chapter 53

18 of that title relating to classification and General Schedule

19 pay rates, except that an individual so appointed may not

20 receive pay in excess of the maximum annual rate of basic

21 pay payable under section 5376 of title 5, United States

22 Code.

23 (d) EXPERTS AND CONSULTANTS.—The Commission

24 may procure temporary and intermittent services under

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

26 for individuals not to exceed the maximum annual rate
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1 of basic pay payable under section 5376 of title 5, United

2 States Code.

3 (e) STAFF OF FEDERAL AGENCIES.—Upon request

4 of the Commission, the head of any Federal department

5 or agency may detail, on a reimbursable basis, any of the

6 personnel of that department or agency to the Commission

7 to assist it in carrying out its duties under this Act.

8 SEC. 7. POWERS OF COMMISSION.

9 (a) HEARINGS AND SESSIONS.—The Commission

10 may, for the purpose of carrying out this Act, hold hear11 ings, sit and act at times and places, take testimony, and

12 receive evidence as the Commission considers appropriate.

13 The Commission may administer oaths or affirmations to

14 witnesses appearing before it.

15 (b) POWERS OF MEMBERS AND AGENTS.—Any mem16 ber or agent of the Commission may, if authorized by the

17 Commission, take any action which the Commission is au18 thorized to take by this section.

19 (c) OBTAINING OFFICIAL DATA.—The Commission

20 may secure directly from any department or agency of the

21 United States information necessary to enable it to carry

22 out this Act. Upon request of the Chairperson of the Com23 mission, the head of that department or agency shall fur24 nish that information to the Commission.
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1 (d) GIFTS, BEQUESTS, AND DEVISES.—The Commis2 sion may accept, use, and dispose of gifts, bequests, or

3 devises of services or property, both real and personal, for

4 the purpose of aiding or facilitating the work of the Com5 mission. Gifts, bequests, or devises of money and proceeds

6 from sales of other property received as gifts, bequests,

7 or devises shall be deposited in the Treasury and shall be

8 available for disbursement upon order of the Commission.

9 (e) MAILS.—The Commission may use the United

10 States mails in the same manner and under the same con11 ditions as other departments and agencies of the United

12 States.

13 (f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

14 request of the Commission, the Administrator of General

15 Services shall provide to the Commission, on a reimburs16 able basis, the administrative support services necessary

17 for the Commission to carry out its responsibilities under

18 this Act.

19 (g) CONTRACT AUTHORITY.—To the extent provided

20 in advance in appropriations Acts, the Commission may

21 contract with and compensate government and private

22 agencies or persons for the purpose of conducting research

23 or surveys necessary to enable the Commission to carry

24 out its duties under this Act.
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1 SEC. 8. REPORTS.

2 (a) STATUS REPORT.—Not later than 1 year after

3 the date on which the initial appointments under section

4 5(a) are completed, the Commission shall submit to the

5 President and the Congress a written report describing the

6 current activities and findings of the Commission and the

7 direction of the Commission.

8 (b) RECOMMENDATION REPORT.—Not later than 18

9 months after the date on which the initial appointments

10 under section 5(a) are completed, the Commission shall

11 submit to the President and the Congress a written report

12 containing—

13 (1) the findings and conclusions of the Commis14 sion resulting from the study conducted under sec15 tion 4; and

16 (2) recommendations, including specific pro17 posed legislation and administrative action, based on

18 the findings and conclusions referred to in para19 graph (1).

20 (c) FOLLOW-UP REPORT.—After submission of the

21 report required by subsection (b) and before the termi22 nation of the Commission, the Commission shall submit

23 to the President and to the Congress a written report—

24 (1) identifying which of the recommendations

25 included in such report have been implemented; and
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1 (2) containing any additional information the

2 Commission considers to be appropriate.

3 SEC. 9. CONSTRUCTION; USE OF INFORMATION OBTAINED.

4 (a) IN GENERAL.—Nothing in this Act shall be con5 strued to require any non-Federal entity (such as a busi6 ness, college, or university, foundation, or research organi7 zation) to provide information to the Commission concern8 ing such entity’s personnel policies, including, but not lim9 ited to, salaries and benefits, promotion criteria, and af10 firmative action plans.

11 (b) USE OF INFORMATION OBTAINED.—No informa12 tion obtained from any entity by the Commission may be

13 used in connection with any employment related litigation.

14 SEC. 10. TERMINATION.

15 The Commission shall terminate 1 year after submit16 ting the report required by section 8(b).

17 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated for fiscal

19 years 1995, 1996, and 1997 such sums as may be nec20 essary to carry out this Act.

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