I

104TH CONGRESS

2D SESSION H. R. 3726

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

and Engineering Work Forces.

IN THE HOUSE OF REPRESENTATIVES

JUNE 26, 1996

Mrs. MORELLA (for herself and Ms. EDDIE BERNICE JOHNSON of Texas) introduced the following bill; which was referred to the Committee on Economic and Educational Opportunities

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 underrep2 resented in the science and engineering work forces;

3 (2) women scientists and engineers have higher

4 rates of unemployment and underemployment than

5 their male counterparts, although the number of

6 women receiving degrees in scientific and engineer7 ing disciplines has increased since 1981;

8 (3) artificial barriers exist in the recruitment,

9 retention, and advancement of women in the science

10 and engineering work forces;

11 (4) academia, industry, and government are in12 creasingly aware of the necessity of and the advan13 tages derived from diverse science and engineering

14 work forces;

15 (5) initiatives of the White House Task Force

16 on Women, Minorities, and the Handicapped in

17 Science and Technology and of the Federal Coordi18 nating Council on Science, Engineering, and Tech19 nology have been instrumental in raising public

20 awareness of—

21 (A) the underrepresentation of women in

22 the science and engineering work forces; and

23 (B) the desirability of eliminating artificial

24 barriers to the recruitment, retention, and ad25 vancement of women in such work forces; and
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1 (6) the establishment of a commission to exam2 ine issues raised by these initiatives would help to—

3 (A) focus greater attention on the impor4 tance of eliminating artificial barriers to the re5 cruitment, retention, and advancement of

6 women in the science and engineering work

7 forces and in all employment sectors of the

8 United States;

9 (B) promote work force diversity; and

10 (C) encourage the replication of successful

11 recruitment and retention programs by univer12 sities, corporations, and Federal agencies hav13 ing difficulties in employing women scientists

14 and engineers.

15 SEC. 3. ESTABLISHMENT.

16 There is established a commission to be known as the

17 ‘‘Commission on the Advancement of Women in the

18 Science and Engineering Work Forces’’ (hereinafter in

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

20 SEC. 4. DUTY OF COMMISSION.

21 The Commission shall conduct a study to—

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

23 States in the science and engineering work forces,

24 and the specific types of occupations in such
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1 workforces in which women scientists and engineers

2 are underrepresented;

3 (2) examine the preparedness of women to—

4 (A) pursue careers in the science and engi5 neering work forces; and

6 (B) advance to positions of greater respon7 sibility within academia, industry, and govern8 ment;

9 (3) describe the practices and policies of em10 ployers and labor unions relating to the recruitment,

11 retention, and advancement of women scientists and

12 engineers;

13 (4) identify the opportunities for, and artificial

14 barriers to, the recruitment, retention, and advance15 ment of women scientists and engineers in academia,

16 industry, and government;

17 (5) describe the employment situations in which

18 the recruitment, retention, and advancement of

19 women scientists and engineers are comparable to

20 their male counterparts, and identify those situa21 tions in which such comparability does not exist;

22 (6) compile a synthesis of available research on

23 practices, policies, and programs that have success24 fully led to the recruitment, retention, and advance25 ment of women in the science and engineering work
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1 forces, including training programs, rotational as2 signments, developmental programs, reward pro3 grams, employee benefit structures, and family leave

4 policies;

5 (7) examine such other issues and information

6 relating to the advancement of women in the science

7 and engineering work forces as determined by the

8 Commission to be appropriate; and

9 (8) issue recommendations that government (in10 cluding Congress and appropriate Federal agencies),

11 academia, and private industry can follow to assist

12 in the recruitment, retention, and advancement of

13 women in science and engineering.

14 SEC. 5. MEMBERSHIP.

15 (a) NUMBER AND APPOINTMENT.—The Commission

16 shall be composed of 18 members as follows:

17 (1) 5 members appointed by the President.

18 (2) 3 members appointed jointly by the Speaker

19 of the House of Representatives and the majority

20 leader of the Senate.

21 (3) 1 member appointed by the majority leader

22 of the House of Representatives.

23 (4) 1 member appointed by the minority leader

24 of the House of Representatives.
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1 (5) 1 member appointed by the majority leader

2 of the Senate.

3 (6) 1 member appointed by the minority leader

4 of the Senate.

5 (7) 2 Members of the House of Representatives,

6 appointed jointly by the majority leader and the mi7 nority leader of the House of Representatives.

8 (8) 2 Senators appointed jointly by the majority

9 leader and the minority leader of the Senate.

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

11 Technology Policy.

12 (b) ADDITIONAL QUALIFICATIONS.—Initial appoint13 ments shall be made under subsection (a) not later than

14 180 days after the date of the enactment of this Act. In

15 making each appointment under subsection (a), the ap16 pointing authority shall consider (among other factors)

17 whether the individual—

18 (1) is a member of an organization representing

19 women and minorities;

20 (2) holds executive management or senior deci21 sion-making positions in any business entity; and

22 (3) possesses academic expertise or other recog23 nized abilities relating to employment and employ24 ment discrimination issues.
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(c) POLITICAL AFFILIATION.—Not more than 1 1 ⁄2 of

2 the members may be of the same political party.

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

4 was appointed to the Commission because the member was

5 an officer or employee of any government and later ceases

6 to be such an officer or employee, that member may con7 tinue as a member of the Commission for not longer than

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

9 ceases to be such an officer or employee.

10 (e) TERMS.—

11 (1) IN GENERAL.—Each Member shall be ap12 pointed for the life of the Commission.

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

14 shall be filled in the manner in which the original

15 appointment was made.

16 (f) BASIC PAY.—

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

18 paragraph (2), each member of the Commission

19 shall receive compensation at the daily equivalent of

20 the maximum rate of pay payable under section

21 5376 of title 5, United States Code, for each day the

22 member is engaged in the performance of duties for

23 the Commission, including attendance at meetings

24 and conferences of the Commission, and travel to

25 conduct the duties of the Commission.
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1 (2) PROHIBITION OF COMPENSATION OF FED2 ERAL EMPLOYEES.—Members of the Commission

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

4 States or Members of Congress may not receive ad5 ditional pay, allowances, or benefits by reason of

6 their service on the Commission.

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

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

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

10 United States Code.

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

12 Commission shall constitute a quorum for the transaction

13 of business.

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

15 Science and Technology Policy shall serve as the Chair16 person of the Commission.

17 (j) MEETINGS.—

18 (1) MEETINGS PRIOR TO COMPLETION OF RE19 PORT.—The Commission shall meet not fewer than

20 5 times in connection with and pending the comple21 tion of the reports described in subsections (a) and

22 (b) of section 8. The Commission shall hold addi23 tional meetings for such purpose if the Chairperson

24 or a majority of the members of the Commission re25 quests the additional meetings in writing.
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1 (2) MEETINGS AFTER COMPLETION OF RE2 PORT.—The Commission shall meet at least once,

3 but not more than twice after the completion of the

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

5 and pending completion of the report required by

6 section 8(c).

7 (k) EMPLOYMENT STATUS.—A member of the Com8 mission, who is not otherwise an officer or employee of

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

10 employee of the Federal Government except for the pur11 poses of—

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

13 title 28, United States Code; and

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

15 States Code, relating to compensation for work inju16 ries.

17 SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS

18 AND CONSULTANTS.

19 (a) DIRECTOR.—The Commission shall have a Direc20 tor who shall be appointed by the Chairperson. The Direc21 tor shall be paid at a rate not to exceed the maximum

22 annual rate of basic pay payable under section 5376 of

23 title 5, United States Code.

24 (b) STAFF.—Subject to rules prescribed by the Com25 mission, the Chairperson may appoint and fix the pay of
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1 additional personnel as the Chairperson considers appro2 priate.

3 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

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

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

6 United States Code, governing appointments in the com7 petitive service, and may be paid without regard to the

8 provisions of chapter 51 and subchapter III of chapter 53

9 of that title relating to classification and General Schedule

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

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

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

13 Code.

14 (d) EXPERTS AND CONSULTANTS.—The Commission

15 may procure temporary and intermittent services under

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

17 for individuals not to exceed the maximum annual rate

18 of basic pay payable under section 5376 of title 5, United

19 States Code.

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

21 of the Commission, the head of any Federal department

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

23 personnel of that department or agency to the Commission

24 to assist it in carrying out its duties under this Act.
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1 SEC. 7. POWERS OF COMMISSION.

2 (a) HEARINGS AND SESSIONS.—The Commission

3 may, for the purpose of carrying out this Act, hold hear4 ings, sit and act at times and places, take testimony, and

5 receive evidence as the Commission considers appropriate.

6 The Commission may administer oaths or affirmations to

7 witnesses appearing before it.

8 (b) POWERS OF MEMBERS AND AGENTS.—Any mem9 ber or agent of the Commission may, if authorized by the

10 Commission, take any action which the Commission is au11 thorized to take by this section.

12 (c) OBTAINING OFFICIAL DATA.—The Commission

13 may secure directly from any department or agency of the

14 United States information necessary to enable it to carry

15 out this Act. Upon request of the Chairperson of the Com16 mission, the head of that department or agency shall fur17 nish that information to the Commission.

18 (d) GIFTS, BEQUESTS, AND DEVISES.—The Commis19 sion may accept, use, and dispose of gifts, bequests, or

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

21 the purpose of aiding or facilitating the work of the Com22 mission. Gifts, bequests, or devises of money and proceeds

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

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

25 available for disbursement upon order of the Commission.
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1 (e) MAILS.—The Commission may use the United

2 States mails in the same manner and under the same con3 ditions as other departments and agencies of the United

4 States.

5 (f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

6 request of the Commission, the Administrator of General

7 Services shall provide to the Commission, on a reimburs8 able basis, the administrative support services necessary

9 for the Commission to carry out its responsibilities under

10 this Act.

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

12 in advance in appropriations Acts, the Commission may

13 contract with and compensate government and private

14 agencies or persons for the purpose of conducting research

15 or surveys necessary to enable the Commission to carry

16 out its duties under this Act.

17 SEC. 8. REPORTS.

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

19 the date on which the initial appointments under section

20 5(a) are completed, the Commission shall submit to the

21 President and the Congress a written report describing the

22 current activities and findings of the Commission and the

23 direction of the Commission.

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

25 months after the date on which the initial appointments
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1 under section 5(a) are completed, the Commission shall

2 submit to the President and the Congress a written report

3 containing—

4 (1) the findings and conclusions of the Commis5 sion resulting from the study conducted under sec6 tion 4; and

7 (2) recommendations, including specific pro8 posed legislation and administrative action, based on

9 the findings and conclusions referred to in para10 graph (1).

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

12 report required by subsection (b) and before the termi13 nation of the Commission, the Commission shall submit

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

15 (1) identifying which of the recommendations

16 included in such report have been implemented; and

17 (2) containing any additional information the

18 Commission considers to be appropriate.

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

20 (a) IN GENERAL.—Nothing in this Act shall be con21 strued to require any non-Federal entity (such as a busi22 ness, college, or university, foundation, or research organi23 zation) to provide information to the Commission concern24 ing such entity’s personnel policies, including, but not lim-
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1 ited to, salaries and benefits, promotion criteria, and af2 firmative action plans.

3 (b) USE OF INFORMATION OBTAINED.—No informa4 tion obtained from any entity by the Commission may be

5 used in connection with any employment related litigation.

6 SEC. 10. TERMINATION.

7 The Commission shall terminate 1 year after submit8 ting the report required by section 8(b).

9 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

10 There are authorized to be appropriated for fiscal

11 years 1997, 1998, and 1999 such sums as may be nec12 essary to carry out this Act.

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