42 U.S.C. 1885a

Page 4289

TITLE 42—THE PUBLIC HEALTH AND WELFARE

SEVERABILITY OF SCIENCE AND ENGINEERING EQUAL
OPPORTUNITIES ACT

§ 1885a

Section 35 of Pub. L. 96–516 directed President, with
assistance of Director of Office of Science and Technology Policy and Director of Foundation, to prepare
and transmit before Jan. 20, 1982, a report to Congress
proposing a comprehensive national policy and program, including budgetary and legislative recommendations, for promotion of equal opportunity for
women and minorities in science and technology, and
directed President, with assistance of Director of Office
of Science and Technology Policy, heads of appropriate
executive departments, and Director of the Foundation
to prepare and transmit before Jan. 1, 1983, a report to
Congress proposing a comprehensive policy, including
budgetary and legislative recommendations, concerning direct and indirect impacts of science and technology on women and minorities.

(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.

§ 1885a. Women in science and engineering; support of activities by Foundation for promotion, etc.

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

Section 38 of Pub. L. 96–516 provided that: ‘‘If a provision of this Act [enacting sections 1885 to 1885d of this
title and provisions set out as notes under sections 1861
and 1885 of this title] is held invalid, the validity of the
other provisions of the Act shall not be affected. If an
application of a provision of this Act to a person or circumstance is held invalid, the validity of the application of the provisions to another person or circumstance shall not be affected.’’
REPORTS TO CONGRESS CONCERNING NATIONAL POLICY
DEVELOPMENT OF PROMOTION, ETC., OF EQUAL OPPORTUNITY FOR WOMEN AND MINORITIES IN SCIENCE
AND TECHNOLOGY, AND IMPACTS OF SCIENCE AND
TECHNOLOGY ON WOMEN AND MINORITIES

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;

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, § 111(b)(6)(A), substituted
‘‘engineering’’ for ‘‘technology’’ and ‘‘technical’’ wherever appearing.
Par. (2). Pub. L. 99–159, § 111(b)(6)(A), (B), inserted
‘‘, engineering,’’ after ‘‘science’’, and substituted ‘‘engineering’’ for ‘‘technical’’.
Par. (3). Pub. L. 99–159, § 111(b)(6)(A), substituted ‘‘engineering fields’’ for ‘‘technical fields’’.
Par. (4). Pub. L. 99–159, § 111(b)(6)(A), substituted ‘‘engineering’’ for ‘‘technology’’ and ‘‘technical’’.
Par. (5). Pub. L. 99–159, § 111(b)(6)(C), inserted applicability to engineers.
Pars. (6), (7). Pub. L. 99–159, § 111(b)(6)(A), substituted
‘‘engineering’’ for ‘‘technology’’.
Par. (8). Pub. L. 99–159, § 111(b)(6)(C), inserted applicability to engineers.
Par. (10). Pub. L. 99–159, § 111(b)(6)(D), inserted applicability to engineering.
Par. (11). Pub. L. 99–159, § 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:

§ 1885a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘(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 highranked 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

Page 4290

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]).

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

‘‘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.

§ 1885a

‘‘(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

§ 1885b

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Page 4292

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.’’

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 [now the National Science Foundation
Authorization and Science and Engineering 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.’’

TASK FORCE ON WOMEN, MINORITIES, AND THE
HANDICAPPED IN SCIENCE AND TECHNOLOGY

§ 1885b. Participation in science and engineering
of minorities and persons with disabilities

Pub. L. 99–383, § 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

(a) The Foundation is authorized (1) to undertake or support a comprehensive science and engineering education program to increase the
participation of minorities in science and engineering, and (2) to support activities to initiate
research at minority institutions.
(b) The Foundation is authorized to undertake
or support programs and activities to encourage
the participation of persons with disabilities in
the science and engineering professions.
(Pub. L. 96–516, § 34, Dec. 12, 1980, 94 Stat. 3012;
Pub. L. 99–159, title I, § 111(b)(7), Nov. 22, 1985, 99
Stat. 892; Pub. L. 105–207, title II, § 202(d)(1), July
29, 1998, 112 Stat. 874.)
CODIFICATION
Section was enacted as part of the Science and Engineering Equal Opportunities Act, and not as part of the