Text: H.R.3007 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-255 (10/14/1998)

 
[105th Congress Public Law 255]
[From the U.S. Government Printing Office]


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[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:
---------------------------------------------------------------------------

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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