[105th Congress Public Law 255]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ255.105]
Public Law 105-255
105th Congress
An Act
To establish the <<NOTE: Oct. 14, 1998 - [H.R. 3007]>> 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 <<NOTE: Commission on the
Advancement of Women and Minorities in Science, Engineering, and
Technology Development Act.>> assembled,
SECTION 1. SHORT <<NOTE: 42 USC 1885a note.>> 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. <<NOTE: 42 USC 1885a note.>> 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. <<NOTE: 42 USC 1885a note.>> 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 <<NOTE: 42 USC 1885a note.>> 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 <<NOTE: Records. Reports.>> 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. <<NOTE: 42 USC 1885a note.>> MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be
composed of 11 members as follows:
(1) One <<NOTE: President.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: 42 USC 1885a note.>> 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 <<NOTE: 42 USC 1885a note.>> 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. <<NOTE: Deadline. 42 USC 1885a note.>> 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 <<NOTE: 42 USC 1885a
note.>> 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 <<NOTE: 42 USC 1885a
note.>> 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 <<NOTE: Internet.>> 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 <<NOTE: 42 USC 1885a note.>> 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 <<NOTE: 42 USC 1885a note.>> 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 <<NOTE: 42 USC 1885a note.>> 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.
Approved October 14, 1998.
LEGISLATIVE HISTORY--H.R. 3007:
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HOUSE REPORTS: No. 105-562, Pt. 1 (Comm. on Science).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Sept. 14, considered and passed House.
Oct. 1, considered and passed Senate.
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