[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3007 Enrolled Bill (ENR)]

        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?--
            (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 computer 
        specialists; and
            (D) to encourage the replication of successful recruitment 
        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 ``Commission 
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 determined 
necessary by the Commission, conduct additional research to--
        (1) identify the number of women, minorities, and individuals 
    with disabilities in the United States in specific types of 
    occupations in science, engineering, and technology development;
        (2) examine the preparedness of women, minorities, and 
    individuals with disabilities to--
            (A) pursue careers in science, engineering, and technology 
        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 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, minorities, 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 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, engineering, and technology such as the benefits 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 engineering, 
    science, or technology development.
        (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 education 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 Director and 
staff of the Commission may be appointed without regard to the 
provisions of title 5, United States Code, governing appointments 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 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 hearings, 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 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 Commission.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (e) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide 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 executive 
official of each State, a written report containing the findings, 
conclusions, and recommendations 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 construed to require 
any non-Federal entity (such as a business, college or university, 
foundation, or research organization) to provide information 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 Commission 
shall provide to the National Science Foundation the information 
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 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, 
including--
        (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, and individuals with disabilities 
    in the fields of science, engineering, and technology development; 
    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 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 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 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 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.