H. R. 3007
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
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 Representatives 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, Engineering, and Technology
Development Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to the National Science Foundation’s 1996
report, Women, Minorities, and Persons with Disabilities in
Science and Engineering—
(A) women have historically been underrepresented in
scientific and engineering occupations, 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 employed full-time, and to be employed
in their field than are men;
(E) among doctoral scientists and engineers, women
are far more likely to be employed 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 Americans continue
to be seriously underrepresented in graduate science and
engineering programs; and
(I) Blacks, Hispanics, and Native Americans as a group
are 23 percent of the population of the United States,
but only 6 percent are scientists or engineers.
(2) According to the National Research Council’s 1995
report, Women Scientists and Engineers Employed in Industry:
Why So Few?—
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(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 paternalism,
sexual harassment, allegations of reverse discrimination,
different standards for judging the work of men and women,
lower salary relative to their male peers, inequitable job
assignments, and other aspects of a male-oriented culture
that are hostile to women; and
(C) women to a greater extent than men find limited
opportunities for advancement, particularly 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 examine issues
raised by the findings of these two reports would help—
(A) to focus attention on the importance of eliminating
artificial barriers to the recruitment, retention, and
advancement of women and minorities in the fields of
science, engineering, and technology, and in all employment
sectors of the United States;
(B) to promote work force diversity;
(C) to sensitize employers to the need to recruit and
retain women and minority scientists, engineers, and com-
puter specialists; and
(D) to encourage the replication of successful recruit-
ment and retention programs by universities, corporations,
and Federal agencies having difficulties in employing
women or minorities in the fields of science, engineering,
and technology.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the ‘‘Commis-
sion on the Advancement of Women and Minorities in Science,
Engineering, and Technology Development’’ (in this Act referred
to as the ‘‘Commission’’).
SEC. 4. DUTY OF THE COMMISSION.
The Commission shall review available research, and, if deter-
mined necessary by the Commission, conduct additional research
to—
(1) identify the number of women, minorities, and individ-
uals with disabilities in the United States in specific types
of occupations in science, engineering, and technology develop-
ment;
(2) examine the preparedness of women, minorities, and
individuals with disabilities to—
(A) pursue careers in science, engineering, and tech-
nology development; and
(B) advance to positions of greater responsibility within
academia, industry, and government;
(3) describe the practices and policies of employers and
labor unions relating to the recruitment, retention, and
advancement of women, minorities, and individuals with
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disabilities in the fields of science, engineering, and technology
development;
(4) identify the opportunities for, and artificial barriers
to, the recruitment, retention, and advancement of women,
minorities, and individuals with disabilities 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 technology development;
(6) issue recommendations with respect to lawful policies
that government (including Congress and appropriate Federal
agencies), academia, and private industry can follow regarding
the recruitment, retention, and advancement of women, minori-
ties, and individuals with disabilities in science, engineering,
and technology development;
(7) identify the disincentives for women, minorities, 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 disproportionate
number of women, minorities, and individuals with disabilities
leaving the fields of science, engineering, and technology
development before completing their undergraduate education;
(10) assess the extent to which the recommendations of
the Task Force on Women, Minorities, and the Handicapped
in Science and Technology 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 reports on the
subjects of encouraging women, minorities, 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 described in paragraph
(10) submitted its report to Congress;
(12) assess the extent to which the recommendations con-
tained 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, engineering, and technology such as the bene-
fits or disadvantages 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 engineer-
ing, science, or technology development.
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(2) Two members appointed by the Speaker of the House
of Representatives from among such entities.
(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 edu-
cation or academia in the fields of life science, physical science,
or engineering.
(7) Two members appointed by the Vice Chairman 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 appointed 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 Commission 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 Commission 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 Commission shall
not be deemed to be employees of the Federal Government by
reason of their work on the Commission 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 injuries.
SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND
CONSULTANTS.
(a) DIRECTOR.—The Commission shall appoint a Director who
shall be paid at a rate not to exceed the maximum 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 considers appropriate.
(c) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—The Direc-
tor and staff of the Commission may be appointed without regard
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to the provisions of title 5, United States Code, governing appoint-
ments in the competitive 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 Commis-
sion, 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 hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate. The Commission may admin-
ister 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 Commis-
sion.
(d) MAILS.—The Commission may use the United States mails
in the same manner and under the same conditions as other depart-
ments and agencies of the United States.
(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of
the Commission, the Administrator of General Services shall pro-
vide to the Commission, on a reimbursable basis, the administrative
support services necessary 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 execu-
tive official of each State, a written report containing the findings,
conclusions, and recommendations of the Commission resulting from
the study conducted under section 4.
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SEC. 9. CONSTRUCTION; USE OF INFORMATION OBTAINED.
(a) IN GENERAL.—Nothing in this Act shall be construed to
require any non-Federal entity (such as a business, college or
university, foundation, or research organization) to provide informa-
tion to the Commission concerning such entity’s personnel policies,
including salaries and benefits, promotion criteria, and affirmative
action plans.
(b) USE OF INFORMATION OBTAINED.—No information 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 subsection (a), the Commis-
sion shall provide to the National Science Foundation the informa-
tion gathered by the Commission in the process of carrying out
its duties under this Act. The National Science Foundation shall
act as a central 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 NATIONAL
SCIENCE FOUNDATION AND OTHER AGENCIES.
(a) PROVISION OF INFORMATION.—At the request of the Commis-
sion, the National Science Foundation and any other Federal depart-
ment or agency shall provide to the Commission any information
determined necessary by the Commission to carry out its duties
under this Act, including—
(1) data on academic degrees awarded to women, minori-
ties, and individuals with disabilities in science, engineering,
and technology development, and workforce representation and
the retention of women, minorities, and individuals with disabil-
ities in the fields of science, engineering, and technology
development; and
(2) information gathered by the National Science Founda-
tion 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 deficiencies
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 retention of women, minorities, and individuals
with disabilities in the fields of science, engineering, and tech-
nology development; and
(2) an assessment of the biennial report of the National
Science Foundation on Women, Minorities, and Persons with
Disabilities in Science and Engineering, 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
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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.