
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1885a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 16--NATIONAL SCIENCE FOUNDATION
 
Sec. 1885a. Women in science and engineering; support of 
        activities by Foundation for promotion, etc.
        
    The Foundation is authorized to--
        (1) support activities designed to--
            (A) increase the participation of women in courses of study 
        at the undergraduate, graduate, and postgraduate levels leading 
        to degrees in scientific and engineering fields;
            (B) encourage women to consider and prepare for careers in 
        science and engineering; or
            (C) provide traineeship and fellowship opportunities for 
        women in science and engineering;

        (2) support programs in science, engineering, and mathematics in 
    elementary and secondary schools so as to stimulate the acquisition 
    of knowledge, skills, and information by female students and to 
    increase female student awareness of career opportunities requiring 
    scientific and engineering skills;
        (3) support activities in continuing education in science and 
    engineering which provide opportunities for women who--
            (A) are in the work force, or
            (B) who are not in the work force because their careers have 
        been interrupted,

    to acquire new knowledge, techniques, and skills in scientific and 
    engineering fields;
        (4) undertake a comprehensive research program designed to 
    increase public understanding of (A) the potential contribution of 
    women in science and engineering and (B) the means to facilitate the 
    participation and advancement of women in scientific and engineering 
    careers;
        (5) establish a visiting women scientists and engineers program;
        (6) support activities designed to improve the availability and 
    quality of public information concerning the importance of the 
    participation of women in careers in science and engineering;
        (7) support activities of museums and science centers which 
    demonstrate potential to interest and involve women in science and 
    engineering;
        (8) make grants, to be known as the National Research 
    Opportunity Grants, to women scientists and engineers who (A) have 
    received their doctorates within five years prior to the date of the 
    award or (B) have received their doctorates, have had their careers 
    interrupted, and are re-entering the work force within five years 
    after such interruption;
        (9) make grants to women eligible under paragraph (8) to assist 
    such women in planning and developing a research project eligible 
    for support under such paragraph;
        (10) provide support to individuals or academic institutions for 
    full-time or part-time visiting professorships for women in science 
    and engineering; and
        (11) support demonstration project activities of individuals, 
    public agencies, and private entities designed to encourage the 
    employment and advancement of women in science and engineering.

(Pub. L. 96-516, Sec. 33, Dec. 12, 1980, 94 Stat. 3011; Pub. L. 99-159, 
title I, Sec. 111(b)(6), Nov. 22, 1985, 99 Stat. 892.)

                          Codification

    Section was enacted as part of the Science and Engineering Equal 
Opportunities Act, and not as part of the National Science Foundation 
Act of 1950 which comprises this chapter.


                               Amendments

    1985--Par. (1). Pub. L. 99-159, Sec. 111(b)(6)(A), substituted 
``engineering'' for ``technology'' and ``technical'' wherever appearing.
    Par. (2). Pub. L. 99-159, Sec. 111(b)(6)(A), (B), inserted ``, 
engineering,'' after ``science'', and substituted ``engineering'' for 
``technical''.
    Par. (3). Pub. L. 99-159, Sec. 111(b)(6)(A), substituted 
``engineering fields'' for ``technical fields''.
    Par. (4). Pub. L. 99-159, Sec. 111(b)(6)(A), substituted 
``engineering'' for ``technology'' and ``technical''.
    Par. (5). Pub. L. 99-159, Sec. 111(b)(6)(C), inserted applicability 
to engineers.
    Pars. (6), (7). Pub. L. 99-159, Sec. 111(b)(6)(A), substituted 
``engineering'' for ``technology''.
    Par. (8). Pub. L. 99-159, Sec. 111(b)(6)(C), inserted applicability 
to engineers.
    Par. (10). Pub. L. 99-159, Sec. 111(b)(6)(D), inserted applicability 
to engineering.
    Par. (11). Pub. L. 99-159, Sec. 111(b)(6)(E), substituted ``science 
and engineering'' for ``science, engineering, and technology''.


   Commission on the Advancement of Women and Minorities in Science, 
                 Engineering, and Technology Development

    Pub. L. 105-255, Oct. 14, 1998, 112 Stat. 1889, provided that:
``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. [see Short Title note set out under section 2601 
    of Title 29, Labor, and Tables]).
``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 [Oct. 14, 1998].
    ``(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.''


  Task Force on Women, Minorities, and the Handicapped in Science and 
                               Technology

    Pub. L. 99-383, Sec. 8, Aug. 21, 1986, 100 Stat. 815, provided that:
    ``(a) It is the purpose of this section to establish a task force on 
women, minorities, and the handicapped in science and technology to--
        ``(1) examine the current status of women, minorities, and the 
    handicapped in science and engineering positions in the Federal 
    Government and in federally assisted research programs;
        ``(2) coordinate existing Federal programs designed to promote 
    the employment of women, minorities, and the handicapped in such 
    positions;
        ``(3) suggest cooperative interagency programs for promoting 
    such employment;
        ``(4) identify exemplary State, local, or private sector 
    programs designed to promote such employment; and
        ``(5) develop a long-range plan to advance opportunities for 
    women, minorities, and the handicapped in Federal scientific and 
    technical positions in federally assisted research, and to 
    coordinate the activities of participating agencies with the 
    Committee on Equal Opportunities in Science and Engineering 
    established by section 36 of the National Science Foundation 
    Authorization and Science and Technology Equal Opportunities Act (42 
    U.S.C. 1885c), after the termination of the task force established 
    by this section.
    ``(b) For purposes of this section, the term `participating agency' 
means--
        ``(1) the National Science Foundation;
        ``(2) the Department of Health and Human Services;
        ``(3) the National Aeronautics and Space Administration;
        ``(4) the Environmental Protection Agency;
        ``(5) the Department of Agriculture;
        ``(6) the Department of Defense;
        ``(7) the Department of Education;
        ``(8) the Department of Energy;
        ``(9) the Department of Commerce; and
        ``(10) the Department of the Interior.
    ``(c)(1) The task force on women, minorities, and the handicapped in 
science and technology shall be composed of individuals appointed by 
participating agencies pursuant to this subsection.
    ``(2) The head of each participating agency shall appoint two 
individuals to serve as members of the task force. If an appointed 
member is unable to serve for the duration of the task force, the head 
of the participating agency who appointed that member shall appoint 
another individual to fill the vacancy.
    ``(3) Task force members may be appointed from private business, 
academia, professional associations, or nonprofit foundations.
    ``(d) The task force shall prepare and submit a report on its 
findings and recommendations to the President, the Congress, and the 
head of each participating agency not later than December 31, 1989.
    ``(e) The Office of Science and Technology Policy shall call the 
first meeting of the task force not later than 90 days after the date of 
enactment of this Act [Aug. 21, 1986], shall ensure that each 
participating agency has appointed two members, and shall assist the 
task force to meet its objectives.
    ``(f)(1) Members of the task force not otherwise employed by the 
Federal Government shall be reimbursed for travel, subsistence, and 
other necessary expenses incurred by them in carrying out the duties of 
the task force.
    ``(2) The Director of the National Science Foundation shall make 
provision for administrative support of the task force, and may enter 
into agreements with the heads of other participating agencies to 
facilitate the work of the task force.
    ``(g) The task force shall terminate on January 31, 1990.''
