105TH CONGRESS
2D SESSION
H. R. 3007
AN ACT
To establish the Commission on the Advancement
of Women and Minorities in Science, Engineer-
ing, and Technology Development.
105TH CONGRESS
2D SESSION
H. R. 3007
AN ACT
To establish the Commission on the Advancement of Women
and Minorities in Science, Engineering, and Technology
Development.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Commission on the
Advancement of Women and Minorities in Science, Engi-
neering, and Technology Development Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to the National Science Founda-
tion’s 1996 report, Women, Minorities, and Persons
with Disabilities in Science and Engineering—
(A) women have historically been under-
represented in scientific and engineering occu-
pations, and although progress has been made
over the last several decades, there is still room
for improvement;
(B) female and minority students take
fewer 
high-level 
mathematics 
and 
science
courses in high school;
(C) female students earn fewer bachelors,
masters, and doctoral degrees in science and
engineering;
(D) among recent bachelors of science and
bachelors of engineering graduates, women are
less likely to be in the labor force, to be em-
ployed full-time, and to be employed in their
field than are men;
(E) among doctoral scientists and engi-
neers, women are far more likely to be em-
ployed at 2-year institutions, are far less likely
to be employed in research universities, and are
much more likely to teach part-time;
(F) among university full-time faculty,
women are less likely to chair departments or
hold high-ranked positions;
(G) a substantial salary gap exists between
men and women with doctorates in science and
engineering;
(H) Blacks, Hispanics, and Native Ameri-
cans continue to be seriously underrepresented
in graduate science and engineering programs;
and
(I) Blacks, Hispanics, and Native Ameri-
cans as a group are 23 percent of the popu-
lation of the United States, but only 6 percent
are scientists or engineers.
(2) According to the National Research Coun-
cil’s 1995 report, Women Scientists and Engineers
Employed in Industry: Why So Few?—
(A) limited access is the first hurdle faced
by women seeking industrial jobs in science and
engineering, and while progress has been made
in recent years, common recruitment and hiring
practices that make extensive use of traditional
networks often overlook the available pool of
women;
(B) once on the job, many women find pa-
ternalism, sexual harassment, allegations of re-
verse discrimination, different standards for
judging the work of men and women, lower sal-
ary relative to their male peers, inequitable job
assignments, and other aspects of a male-ori-
ented culture that are hostile to women; and
(C) women to a greater extent than men
find limited opportunities for advancement, par-
ticularly for moving into management positions,
and the number of women who have achieved
the top levels in corporations is much lower
than would be expected, based on the pipeline
model.
(3) The establishment of a commission to exam-
ine issues raised by the findings of these 2 reports
would help—
(A) to focus attention on the importance of
eliminating artificial barriers to the recruit-
ment, retention, and advancement of women
and minorities in the fields of science, engineer-
ing, and technology, and in all employment sec-
tors of the United States;
(B) to promote work force diversity;
(C) to sensitize employers to the need to
recruit and retain women and minority sci-
entists, engineers, and computer specialists; and
(D) to encourage the replication of suc-
cessful recruitment and retention programs by
universities, corporations, and Federal agencies
having difficulties in employing women or mi-
norities in the fields of science, engineering, and
technology.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the
‘‘Commission on the Advancement of Women and Minori-
ties in Science, Engineering, and Technology Develop-
ment’’ (in this Act referred to as the ‘‘Commission’’).
SEC. 4. DUTY OF THE COMMISSION.
The Commission shall review available research, and,
if determined necessary by the Commission, conduct addi-
tional research to—
(1) identify the number of women, minorities,
and individuals with disabilities in the United States
in specific types of occupations in science, engineer-
ing, and technology development;
(2) examine the preparedness of women, mi-
norities, and individuals with disabilities to—
(A) pursue careers in science, engineering,
and technology development; and
(B) advance to positions of greater respon-
sibility within academia, industry, and govern-
ment;
(3) describe the practices and policies of em-
ployers and labor unions relating to the recruitment,
retention, and advancement of women, minorities,
and individuals with disabilities in the fields of
science, engineering, and technology development;
(4) identify the opportunities for, and artificial
barriers to, the recruitment, retention, and advance-
ment of women, minorities, and individuals with dis-
abilities in the fields of science, engineering, and
technology development in academia, industry, and
government;
(5) compile a synthesis of available research on
lawful practices, policies, and programs that have
successfully led to the recruitment, retention, and
advancement of women, minorities, and individuals
with disabilities in science, engineering, and tech-
nology development;
(6) issue recommendations with respect to law-
ful policies that government (including Congress and
appropriate Federal agencies), academia, and private
industry can follow regarding the recruitment, reten-
tion, and advancement of women, minorities, and in-
dividuals with disabilities in science, engineering,
and technology development;
(7) identify the disincentives for women, minori-
ties, and individuals with disabilities to continue
graduate education in the fields of engineering,
physics, and computer science;
(8) identify university undergraduate programs
that are successful in retaining women, minorities,
and individuals with disabilities in the fields of
science, engineering, and technology development;
(9) identify the disincentives that lead to a dis-
proportionate number of women, minorities, and in-
dividuals with disabilities leaving the fields of
science, engineering, and technology development be-
fore completing their undergraduate education;
(10) assess the extent to which the rec-
ommendations of the Task Force on Women, Mi-
norities, and the Handicapped in Science and Tech-
nology established under section 8 of the National
Science Foundation Authorization Act for Fiscal
Year 1987 (Public Law 99–383; 42 U.S.C. 1885a
note) have been implemented;
(11) compile a list of all Federally funded re-
ports on the subjects of encouraging women, minori-
ties, and individuals with disabilities to enter the
fields of science and engineering and retaining
women, minorities, and individuals with disabilities
in the science and engineering workforce that have
been issued since the date that the Task Force de-
scribed in paragraph (10) submitted its report to
Congress;
(12) assess the extent to which the rec-
ommendations contained in the reports described in
paragraph (11) have been implemented; and
(13) evaluate the benefits of family-friendly
policies in order to assist recruiting, retaining, and
advancing women in the fields of science, engineer-
ing, and technology such as the benefits or disadvan-
tages of the Family and Medical Leave Act of 1993
(29 U.S.C. 2001 et seq.).
SEC. 5. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 11 members as follows:
(1) One member appointed by the President
from among for-profit entities that hire individuals
in the fields of engineering, science, or technology
development.
(2) Two members appointed by the Speaker of
the House of Representatives from among such enti-
ties.
(3) One member appointed by the minority
leader of the House of Representatives from among
such entities.
(4) Two members appointed by the majority
leader of the Senate from among such entities.
(5) One member appointed by the minority
leader of the Senate from among such entities.
(6) Two members appointed by the Chairman
of the National Governors Association from among
individuals in education or academia in the fields of
life science, physical science, or engineering.
(7) Two members appointed by the Vice Chair-
man of the National Governors Association from
among such individuals.
(b) INITIAL APPOINTMENTS.—Initial appointments
shall be made under subsection (a) not later than 90 days
after the date of the enactment of this Act.
(c) TERMS.—
(1) IN GENERAL.—Each member shall be ap-
pointed for the life of the Commission.
(2) VACANCIES.—A vacancy in the Commission
shall be filled in the manner in which the original
appointment was made.
(d) PAY OF MEMBERS.—Members shall not be paid
by reason of their service on the Commission.
(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) QUORUM.—A majority of the members of the
Commission shall constitute a quorum for the transaction
of business.
(g) CHAIRPERSON.—The Chairperson of the Commis-
sion shall be elected by the members.
(h) MEETINGS.—The Commission shall meet not
fewer than 5 times in connection with and pending the
completion of the report described in section 8. The Com-
mission shall hold additional meetings for such purpose
if the Chairperson or a majority of the members of the
Commission requests the additional meetings in writing.
(i) EMPLOYMENT STATUS.—Members of the Com-
mission shall not be deemed to be employees of the Fed-
eral Government by reason of their work on the Commis-
sion except for the purposes of—
(1) the tort claims provisions of chapter 171 of
title 28, United States Code; and
(2) subchapter I of chapter 81 of title 5, United
States Code, relating to compensation for work inju-
ries.
SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS
AND CONSULTANTS.
(a) DIRECTOR.—The Commission shall appoint a Di-
rector who shall be paid at a rate not to exceed the maxi-
mum annual rate of basic pay payable under section 5376
of title 5, United States Code.
(b) STAFF.—The Commission may appoint and fix
the pay of additional personnel as the Commission consid-
ers appropriate.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Director and staff of the Commission may
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the com-
petitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53
of that title relating to classification and General Schedule
pay rates, except that an individual so appointed may not
receive pay in excess of the maximum annual rate of basic
pay payable under section 5376 of title 5, United States
Code.
(d) EXPERTS AND CONSULTANTS.—The Commission
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates
for individuals not to exceed the maximum annual rate
of basic pay payable under section 5376 of title 5, United
States Code.
(e) STAFF OF FEDERAL AGENCIES.—Upon request
of the Commission, the Director of the National Science
Foundation or the head of any other 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. 7. POWERS OF COMMISSION.
(a) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this Act, hold hear-
ings, 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 mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is au-
thorized 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 Com-
mission, the head of that department or agency shall fur-
nish that information to the Commission.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary for the Commission to carry out its responsibilities
under this Act.
(f) CONTRACT AUTHORITY.—To the extent provided
in advance in appropriations Acts, the Commission may
contract with and compensate government and private
agencies or persons for the purpose of conducting research
or surveys necessary to enable the Commission to carry
out its duties under this Act.
SEC. 8. REPORT.
Not later than 1 year after the date on which the
initial appointments under section 5(a) are completed, the
Commission shall submit to the President, the Congress,
and the highest executive official of each State, a written
report containing the findings, conclusions, and rec-
ommendations of the Commission resulting from the study
conducted under section 4.
SEC. 9. CONSTRUCTION; USE OF INFORMATION OBTAINED.
(a) IN GENERAL.—Nothing in this Act shall be con-
strued to require any non-Federal entity (such as a busi-
ness, college or university, foundation, or research organi-
zation) to provide information to the Commission concern-
ing such entity’s personnel policies, including salaries and
benefits, promotion criteria, and affirmative action plans.
(b) USE OF INFORMATION OBTAINED.—No informa-
tion obtained from any entity by the Commission may be
used in connection with any employment related litigation.
SEC. 10. TERMINATION; ACCESS TO INFORMATION.
(a) TERMINATION.—The Commission shall terminate
30 days after submitting the report required by section
8.
(b) ACCESS TO INFORMATION.—On or before the
date of the termination of the Commission under sub-
section (a), the Commission shall provide to the National
Science Foundation the information gathered by the Com-
mission in the process of carrying out its duties under this
Act. The National Science Foundation shall act as a cen-
tral repository for such information and shall make such
information available to the public, including making such
information available through the Internet.
SEC. 11. REVIEW OF INFORMATION PROVIDED BY THE NA-
TIONAL SCIENCE FOUNDATION AND OTHER
AGENCIES.
(a) PROVISION OF INFORMATION.—At the request of
the Commission, the National Science Foundation and any
other Federal department or agency shall provide to the
Commission any information determined necessary by the
Commission to carry out its duties under this Act, includ-
ing—
(1) data on academic degrees awarded to
women, minorities, and individuals with disabilities
in science, engineering, and technology development,
and workforce representation and the retention of
women, minorities, individuals with disabilities in the
fields of science, engineering, and technology devel-
opment; and
(2) information gathered by the National
Science Foundation in the process of compiling its
biennial report on Women, Minorities, and Persons
with Disabilities in Science and Engineering.
(b) REVIEW
OF INFORMATION.—The Commission
shall review any information provided under subsection (a)
and shall include in the report required under section 8—
(1) recommendations on how to correct any de-
ficiencies in the collection of the types of information
described in that subsection, and in the analysis of
such data, which might impede the characterization
of the factors which affect the attraction and reten-
tion of women, minorities, and individuals with dis-
abilities in the fields of science, engineering, and
technology development; and
(2) an assessment of the biennial report of the
National Science Foundation on Women, Minorities,
and Persons with Disabilities in Science and Engi-
neering, and recommendations on how that report
could be improved.
SEC. 12. DEFINITION OF STATE.
In this Act, the term ‘‘State’’ includes the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, American Samoa, Guam, the Virgin Islands, and
any other territory or possession of the United States.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this Act—
(1) $400,000 for fiscal year 1999; and
(2) $400,000 for fiscal year 2000.
Passed the House of Representatives September 14,
1998.
Attest:
Clerk.