A Guide for Community-Based Organizations and

Civil Rights Groups Participating in the National Skill Standards System

Achieving Equality

Through Opportunity Through Opportunity

Achieving Equality
National Skill Standards Board

Setting the standard for workforce excellence
A Guide for Community-Based Organizations and

Civil Rights Groups Participating in the National Skill Standards System.

Achieving Equality Through Opportunity

Table of Contents

Introduction 2

I. What’s In It For You? 3

II. Setting The Stage 6

A. THE ROLE OF COMMUNITY-BASED ORGANIZATIONS AND CIVIL RIGHTS GROUPS 

IN DEVELOPING THE NATIONAL SKILL STANDARDS SYSTEM 6

B. NATIONAL SKILL STANDARDS ACT REQUIREMENTS CONCERNING 

CIVIL RIGHTS LAW 9

III. Coalition Building and Voluntary Partnership Recognition 10

A. NSSB CRITERIA FOR RECOGNITION AS A VOLUNTARY PARTNERSHIP 10

IV. Developing Standards, Assessment, and Certification 12

A. NSSB CRITERIA FOR SKILL STANDARDS AND ASSESSMENTS PERTAINING 

TO CIVIL RIGHTS, OPPORTUNITY, AND ACCESS 12

B. PROMOTION OF EMPLOYMENT OPPORTUNITIES AND WORKER MOBILITY 15

C. EVALUATION 17

V. Concluding Remarks 18

VI. Appendices 20

A. THE NATIONAL SKILL STANDARDS ACT 20

B. NSSB CRITERIA FOR CIVIL RIGHTS, OPPORTUNITY, AND ASSESSMENT 28
INTRODUCTION

This document is designed to help community-based organizations (CBOs) and civil rights groups get involved as full

partners in developing a voluntary, national system of skill standards, assessment, and certification. Skill standards

identify what people need to know and be able to do to successfully perform work-related functions within an industry

sector. Specifically, they define the work to be performed, how well the work must be done, and the level of

knowledge and skill required. The assessment process will measure an individualís level of performance in attaining

skill standards while certification will be awarded to individuals who have attained a particular level of proficiency. 

The National Skill Standards Act of 1994 (the Act), created the National Skill Standards Board (NSSB). The NSSB is a

diverse organization composed of representatives of employers, employees, educators, community-based

organizations, civil rights groups, and government officials, collectively known as stakeholders, empowered to promote

the establishment of a national skill standards system. The NSSB spurs the creation and facilitates the work of

Voluntary Partnerships, which are charged with the development of skill standards. Voluntary Partnerships are groups

of interested parties who have a material interest in the development of these standards. The Act calls for the

participation of a broad range of civic groups in this effort. Such groups include: 

Employers

Labor organizations

Community-based organizations

Civil rights groups

Current and future employees

Educators and trainers

To be successful, skill standards are required to be “consistent with civil rights laws” to ensure access and diversity

for all and to increase opportunities for minorities and women. Not only is this an essential social goal, it is explicitly

required by the Act. Based on this requirement, the participation of CBOs and civil rights groups, such as yours, is

critical. Voluntary Partnerships must include your group’s meaningful participation in order for the standards to be

effective. Otherwise, this entire effort will not succeed. In the following pages, you will learn more about how your

organization can play an active and crucial role in a Voluntary Partnership and in building this national system.

This guide is divided into four main sections plus a final section of concluding remarks. The first section explains the

benefits to CBOs and civil rights groups of becoming involved in the skill standards development. The second section

previews the process through which the NSSB and the Voluntary Partnerships are developing a national skill standards

system. It highlights ways in which the Act requires the involvement of CBOs and civil rights groups. The process of

developing a skill standards system includes (1) Building Coalitions; and (2) Developing Standards, Assessment, and

Certification Systems. The third and fourth sections of this guide correspond to these first two stages. 

2
As they develop skill standards systems, the Voluntary Partnerships are guided by rules prescribed in the provisions of

the Act and the criteria adopted by the NSSB to recognize and endorse the work of the Voluntary Partnerships. This

guide will provide you with a roadmap to understanding the Act and the NSSB criteria and how they can be important

to your organization.

I. WHAT’S IN IT FOR YOU?

As we enter the new millennium, our nation is experiencing a period of great economic prosperity and opportunity.

Most have benefited from this expansion: the unemployment rates for women, African Americans, Hispanics, other

minorities, people with disabilities, and older workers decreased from 1992 to 1998. Yet, members of these

historically disadvantaged groups continue to face higher rates of unemployment than other groups. 

Note: Each bar corresponds to one year

Source: Bureau of Labor Statistics, 1999.

While the general unemployment rate is at a historic low point (4.5% in 1998), the unemployment rate for African

Americans averages more than twice that for Whites (8.9% for African Americans versus 3.9% for Whites). Hispanics

also experience consistently higher unemployment rates than Whites (7.2% for 1998). Similarly, unemployment rates

for women continue to exceed those for men in all ethnic categories. Further, though actual rates vary considerably

by disability status, data reveals that people with disabilities are more likely to be unemployed or underemployed than

other groups. A recent U.S. Census Bureau survey (1997) revealed overall employment rates of 76.2% for people with

disabilities versus 82.1% for those reporting no disability.

Moreover, members of these groups often have lower levels of training and education. Although current data from

the U.S. Census Bureau (1996) reflect positive trends in educational attainment across groups, the data also indicate

persistent disparities. While the percentage of African Americans aged 25-29 with a high school diploma has reached

a level almost equal to that for Whites (85.6% for African Americans and 87.5% for Whites in 1996), Hispanics have

not fared as well. Though up dramatically from 1974 when such data were first collected, the percentage of Hispanics

25 years or older having earned a high school diploma remains comparatively low (53.1% in 1996). Data regarding 3
post-secondary education and training also reveal disparities. One such example, the rate of college completion, has

significant implications for current and projected median earnings among protected groups. Current U.S. Bureau of

the Census data shows Whites completing college at a consistently higher rate than other groups, Whites 24.3%,

African Americans 13.6%, and Hispanics 9.3%.1

Since 1994, the NSSB has worked to develop a system of skill standards aimed at helping America’s workers to work

smarter than ever before, and to learn new, high tech skills to keep pace with the constant changes in workplace

technology. This system is designed to help raise the standard of living for all employees. In addition, we believe that

it can particularly enhance employment opportunities for women, minorities, and other disadvantaged groups, by

clarifying what skills are needed in today’s workforce and by developing blueprints for more effective and targeted

education and training. These are our goals, but in order to meet them, we need your help.

We know your time is precious and already stretched too thin. Community-based and civil rights organizations play

vitally important roles in every community in our nation. We know that your primary focus must be the needs of the

people you serve. That is exactly why we believe you should join in our effort: working with the NSSB on skill

standards could result in real gains for the very people you care about the most. By participating with us, you have

the opportunity to:

Promote career opportunities and economic security for the people you serve - You can

help us to be certain that sectors of the economy in which disadvantaged workers are more likely to be found are

neither overlooked nor shortchanged in the process of developing skill standards. You can also help to ensure that the

system is implemented in such a way that it makes it easier for the people you serve to change jobs and to avoid being

stuck in dead-end positions.

Provide a strong voice for women, minorities, and other disadvantaged groups - Your

participation in the NSSB process will help make certain that your constituents are heard in the skill standards

development process and that their voices are reflected in the research that will support the skill standards and

assessments. In so doing you can help ensure that disadvantaged employees have input into the system and that

their views are heard by others. This will help to ensure that the final system is fair, effective and inclusive. 

Ensure that your constituents are a key part of the information exchange around skill

standards - Your interaction with the employers, educators and trainers involved with the NSSB will provide an

excellent opportunity to enhance their awareness of the needs of your clients and communities. Working with the

technical experts and professionals involved with the NSSB will give you key information to share with the people you

serve, information that will promote better training and education and better jobs. 

Help ensure that skill standards, assessment, and certification are fair and accessible

While the general

unemployment rate is at a

historic low point, the

unemployment rate for African

Americans averages more than

twice that for Whites.

Hispanics also experience

consistently higher

unemployment rates than

Whites. Similarly,

unemployment rates for

women continue to exceed

those for men in all ethnic

categories.

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for all - The NSSB is profoundly committed to non-discrimination and to increasing opportunities for all employees,

especially those historically and currently disadvantaged. We are also committed to the full and balanced participation

of civil rights and community organizations in the development of skill standards. Many groups across the country are

engaged in efforts to develop skill standards, but only the NSSB is founded on legislation, drafted by the United States

Congress and signed by the President, which makes an explicit commitment to civil rights. 

Network with your peers and other professionals - Working with us will expand your contacts within

today’s employment market. Your participation will encompass a unique opportunity to communicate across

traditionally adversarial lines and to raise the awareness of large corporations, small business owners, members of

organized labor unions, and education officials on different shades of employment discrimination. With your guidance,

we will facilitate discussions around emerging workplace and training issues in the context of the skill standards

process to identify emerging workplace challenges with important implications for civil rights and communities across

the nation.

Work with a group that really values your ideas and input - The NSSB needs you and is committed

to doing what we can to facilitate your participation. We need your help, your knowledge, skills, and your insight. We

will do everything we can to help you help us. 

We know that there are many other priorities and issues demanding your time and attention. Nevertheless, we hope

that you will carefully consider the potential benefits of partnering with the NSSB. We think that a small investment

of your time and energy in this process could result in enormous rewards for your organization and the people you

serve. We hope that you will agree and choose to join us!

HOW TO GET INVOLVED:

There are so many different ways you can become more involved in the work of the NSSB ranging from no time at all

to a more significant time commitment. The most important thing is that you get involved in whatever way makes the

most sense for you, so that we can benefit from your skill and expertise. Below are a few suggestions: 

Get on our mailing list - You can learn a lot about us and about skill standards simply by reading our newsletter

and other publications. To get on the NSSB’s mailing list, drop us a postcard with your contact information. Or call

us toll free at 877-843-6772 or locally in the Washington D.C. area at 202-254-8628. You can also contact us by fax

at 202-254-8646 or via e-mail at: information@nssb.org. 

Log on to NSSB Online - By visiting us online, you can learn more about the work of the NSSB, the Voluntary

Partnerships, and the process of creating skill standards. Our address is http://www.nssb.org . 5
Write to us - If you want to contribute your views to our process but don’t have the time to serve on a Voluntary

Partnership or in any other on-going capacity, we would still like to hear from you! Write us a letter and provide your

input on creating skill standards. Our address is:

National Skill Standards Board

1441 L Street, NW

Suite 9000

Washington, DC 20005-3512

Attend an NSSB Board Meeting - The public is invited to attend the NSSB’s Open Board Meetings. If you

would like to attend such a session, please contact us and we will let you know when and where the next meeting is

scheduled. Check out our website for a complete listing of upcoming Board meetings. 

Volunteer your expertise - The NSSB and the Voluntary Partnerships need all kinds of expertise, especially

from civil rights experts and community-based organizations. If you have special skills that you can contribute, let us

know. We would be happy to bring you aboard and get you involved in our work. 

Become a member of either a Voluntary Partnership or Convening Group - The main work of

creating skill standards happens in the Voluntary Partnerships. These organizations, which start out as Convening

Groups, welcome the participation of members from community-based organizations and civil rights groups. If you are

interested in serving in this capacity, please call, write, or e-mail us and let us know. 

II. SETTING THE STAGE

A. The Role of CBOs and Civil Rights Groups in Developing the 

National Skill Standards System

Since its creation in 1994, the NSSB and its partners have successfully carried out many of the provisions of the Act.

Because the Act called for the creation of broad skill standards that would apply across many occupations, one of the

NSSB’s first tasks was to assemble groups of similar occupations and industries. The NSSB has defined 15 groups of

similar jobs in the U.S., known as “industry clusters.” Defining these clusters was a critical part of developing an

overarching framework for the skill standards system. Within this framework, the NSSB will help develop and divide

skill standards into Core, Concentrations, and Specialties- three levels of skill standards that will be developed by the

Voluntary Partnerships and endorsed by the NSSB. 

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The NSSB has established guidelines used to endorse the standards created by Voluntary Partnerships. Because no

coalitions existed with the breadth and inclusiveness required by the Act, the NSSB helped to create initial coalitions,

referred to as Convening Groups. The Convening Groups include representatives of all major stakeholders who have

an interest in skill standards within each industry cluster. In 1997, the NSSB established requirements for the

membership of a Voluntary Partnership (see Section III). It recognizes Voluntary Partnerships that include all

stakeholders and successfully meet other criteria established by the NSSB. To date, it has recognized four Voluntary

Partnerships - the Manufacturing Skill Standards Council (MSSC), the Sales & Service Voluntary Partnership, Inc.

(S&SVP), the Education and Training Voluntary Partnership (E&TVP), and the Hospitality and Tourism Voluntary

Partnership - and continues coalition building efforts in four additional industry clusters.

The NSSB has accomplished much work since 1994. However, one continuing challenge for the NSSB, the Convening

Groups, and the Voluntary Partnerships is to ensure that the evolving skill standards system upholds civil rights and

increases employment opportunities for all. We need your help to achieve these goals. 

1. The Importance of CBO and Civil Rights Group Involvement at Each Stage in

Developing the NSSB Skill Standards System 

a. Stage 1: Building Coalitions - The first step in developing a skill standards system that will meet NSSB

requirements is to form a coalition of interest groups within an industry cluster. In this stage, a Convening Group is

assembled, which builds support for skill standards and begins strategic planning. Upon completing a strategic plan

and electing a Decision Council that will provide leadership, the Convening Group can apply for recognition by the NSSB

as a Voluntary Partnership.

NSSB criteria (see Section III below for complete criteria) require that each Voluntary Partnership include all

stakeholders, especially:

• Community-based organizations, and 

• Non-governmental organizations with a demonstrated history of 

successfully protecting the rights of racial, ethnic, or religious 

minorities, women, individuals with disabilities, or older persons.

By getting involved in this first stage, your group can be an important team player in the skill standards system from

the very beginning. You can develop relationships and exchange information with other members of the Convening

Group. There may be numerous opportunities to gain useful information about potential employment and training

opportunities for your clients, and, at the same time, you can let other stakeholders know what issues are important

to your constituency. 

The NSSB Clusters are:

• Agriculture, Forestry and Fishing

• Business and Administrative Services

• Construction

• Education and Training

• Finance and Insurance

• Health and Human Services

• Manufacturing, Installation and Repair

• Mining

• Public Administration, Legal and 

Protective Services

• Restaurants, Lodging, Hospitality and 

Tourism, and Amusement and 

Recreation

• Retail Trade, Wholesale Trade, Real 

Estate and Personal Services

• Scientific and Technical Services

• Telecommunications, Computers, Arts

and Entertainment, and Information

• Transportation

• Utilities and Environmental and Waste

Management

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During this stage, you will also participate in developing a strategic plan for a skill standards system. Strategic

planning generally includes discussions of the strengths and weaknesses of current systems of education, training, and

employment within the industry cluster and the opportunities and challenges presented by a system of skill standards.

Your organization may have valuable information to contribute about these issues and how they affect your clients. The

relationships you establish in this early stage of the skill standards process, and the information you provide, will prove

invaluable as your Convening Group moves into the later stages of skill standards development and is recognized as a

Voluntary Partnership.

b. Stage 2: Developing Standards, Assessment, and Certification - After being recognized by

the NSSB, a Voluntary Partnership can move into Stage 2 and begin the actual development of the skill standards

system. This stage includes three phases:

As active participants in Voluntary Partnerships, your group can play vital roles in all three phases.

Standards Development 

In this phase, each Voluntary Partnership will conduct background research as an initial step in developing skill

standards. This will include a benchmarking study that will examine existing systems of skill standards and

certification2 within the industry cluster. Your group can help ensure that the study takes into account patterns of

professional development, education, training, and demographic changes in particular communities, especially

communities that are traditionally underserved or not served at all by current training programs. 

Another important role you can play during the development phase is to assist in educating other members of the

Voluntary Partnership about the importance of civil rights law. Your organization can help other stakeholders

understand the need to develop standards that operate to expand opportunities for everyone- especially those who

have been denied opportunity in the past. The NSSB requires each Voluntary Partnership to develop skill standards

based on an extensive study of both work and workers across the industry cluster, known as a “work analysis.” Your

group can assist the Voluntary Partnerships in ensuring that this analysis relies on valid methods that are nondiscriminatory and widely inclusive and that skill standards directly reflect actual job requirements. The NSSB requires

that skill standards and assessments be professionally validated (see Section IV).

What are Core,

Concentration, and

Specialty Standards? 

Core refers to the level of

description applicable to an

entire cluster, such as

transportation; concentration

refers to the level of

description applicable to broad

industry or occupational areas

or job families within a cluster,

such as trucking; and specialty

refers to the level of

description applicable to

particular or specialized jobs

or occupations within a

concentration, such as

tractor-trailer driver.

Standards 

Development

Assessment

Development

Assessment

Implementation

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Assessment Development

Your group also has a critical role to play in helping Voluntary Partnerships develop assessments, which measure

whether individuals have attained the level of performance specified in the skill standards. In some circumstances,

employers may use the results of assessments in deciding which individuals to hire, promote, or train. Thus, it is

important to ensure that assessments are fair and accurately measure skills required by work in the industry cluster.

You can also assist in explaining to your counterparts that both civil rights law and the NSSB criteria (see Section IV)

require that assessments be analyzed for possible adverse impact on federally protected groups, and that the

assessment with the least adverse impact must be used. 

Assessment Implementation 

The implementation stage is a critical area in which your group can make an especially valuable contribution.

Assessments can and should be administered in ways that are fair for all demographic groups. For example, if many

of those undergoing assessment have limited English ability, it may be necessary to offer the assessment in other

languages. One of the most important contributions that you can offer is to help ensure full access to the benefits of

assessment and certification for your constituency. Additionally, NSSB criteria for employment opportunities and

worker mobility (see Section IV) require that information about a Voluntary Partnership’s skill standards system be

widely disseminated. Your group can help make certain that this information is distributed to all possible audiences. 

Helping to ensure broad access to education and training is perhaps the most valuable contribution that groups like

yours can make to this process. By focusing training programs on the requirements of the skill standards, you can help

community members successfully complete assessments and obtain certification, leading to high quality jobs. You

can work with Voluntary Partnership members to assist public and private training providers in aligning their curricula

with the skill standards, thus helping to create a system linking education and training and future skill standards to

increased employment opportunities for minorities, women, and other disadvantaged groups. 

B. National Skill Standards Act Requirements

Concerning Civil Rights Law

The Act places great importance on compliance with civil rights law in the evolving national skill standards system by

requiring that all aspects of the system be used consistent with civil rights laws. It also makes clear that a

fundamental purpose of the system is to increase opportunities for minorities and women, including removing barriers

to the entry of women into nontraditional employment. Your active participation will help the NSSB in meeting these

mandates. The box below contains an abstract of the Act pertaining to compliance with civil rights laws and the

mandate to increase opportunities for minorities and women. 

Federal civil rights law

prohibits discrimination based

on race, color, national origin,

ethnicity, sex, religion, age,

and disability. Individuals who

fall into any of these groups

are considered members of a

protected class. An

employment practice with an

adverse impact is one that

disproportionately screens out

such members.

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BOX 1: ABSTRACT OF THE NATIONAL SKILL STANDARDS ACT

RELATED TO COMPLIANCE WITH CIVIL RIGHTS LAW 

Section 502(3) of the Act states that the purpose of the NSSB is to serve as a catalyst

for the development and adoption of a voluntary, national system of skill standards,

assessments and certification that complies with civil rights laws and will increase

opportunities for minorities and women, including removing barriers to the entry of

women into nontraditional employment. 

Section 504(d) and (e) of the Act require that the Board of the NSSB develop a set of

criteria that will be used to endorse any skill standards system. Both the skill standards

and the processes of assessment and certification of those standards cannot be

discriminatory and must be consistent with existing federal civil rights laws. In

addition, the actions of the NSSB cannot modify any federal or State anti-discrimination

laws. Finally, the endorsement or lack of endorsement of skill standards by the NSSB

cannot be used as legal evidence to establish that any use of skill standards complies

with civil rights laws. 

III. COALITION BUILDING AND VOLUNTARY 

PARTNERSHIP RECOGNITION

This section provides an abstract of the language of the Act and the NSSB criteria governing official recognition of a

Voluntary Partnership. Both the summaries of the statute and the criteria identify the types of organizations that must

be included in each Voluntary Partnership. The NSSB criteria identify two levels of participation - as a general member,

and as a member of the leadership group known as the Decision Council. 

BOX 2: ABSTRACT OF THE NATIONAL SKILL STANDARDS ACT

PERTAINING TO MEMBERSHIP IN THE VOLUNTARY PARTNERSHIPS 

Section 504(b) of the Act requires that Voluntary Partnerships include the full and

balanced participation of the following groups:

• Representatives of business and trade associations

• Representatives of organized labor and other employees

• Representatives of educational institutions and public training organizations

• Representatives of community-based organizations and civil rights groups

• Experts in assessment

1 0
A. NSSB Criteria for Recognition as a Voluntary Partnership

The statute requires the NSSB to issue criteria to assist with the creation of skill standards. The NSSB uses these

criteria to ensure quality and fairness in the development and implementation of skill standards systems. The criteria

listed below are designed to ensure that the statutory provisions above are met. 

1. General Membership of the Voluntary Partnership 

All interested individuals, organizations, and coalitions are invited by the Convening Group to become members of the

Voluntary Partnership. Each member of the Voluntary Partnership has the right to:

• Participate in the selection of representatives to the Decision Council.

• Participate in the Decision Council if selected by his or her peers.

• Receive communications about the development of a skill standards 

system for the cluster.

• Comment on the direction taken by the Voluntary Partnership's Decision 

Council.

The Voluntary Partnerships shall include the adequate representation and full participation of the stakeholders listed in

the Act. 

2. Voluntary Partnership Decision Council

The NSSB prescribes the Voluntary Partnerships and their Decision Councils to (1) be employer led, and (2) involve all

key stakeholders as full partners. The initial Chair of the Decision Council must be an employer. The members of the

Decision Council shall, to the extent feasible, be geographically representative of the United States and reflect the

racial, ethnic, and gender diversity of the United States.

Each Voluntary Partnership will make every effort to include equal numbers of the three main stakeholder groups

identified below in the Decision Council. The composition of the Decision Council must reflect the ranges identified

below for the three broadly defined groups:

Stakeholder Group Share of the Decision Council

Employer Representatives (such as employers and trade associations) 35-50%

Employee Representatives3 25-40%

Public Interest Representatives (such as community-based organizations and 

civil rights groups) 20-40%

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IV. DEVELOPING STANDARDS, ASSESSMENT, AND

CERTIFICATION

A. NSSB Criteria For Skill Standards and Assessments Pertaining 

to Civil Rights, Opportunity, and Access 

The Act also requires the NSSB to “develop objective criteria for endorsing skill standards systems,” including criteria

concerning civil rights, opportunity, and access. The following section presents these criteria and requirements for the

development of consensus within the Voluntary Partnership. 

1. General Criteria For Standards and Assessments

Employers can only use skill standards in hiring or promotion if the standards are non-discriminatory and are used

consistent with federal civil rights law. The NSSB will endorse the skill standards developed by the Voluntary

Partnerships only if they meet these criteria. Proposed skill standards and assessments must be: 

• “Neutral on their face” with respect to the groups protected by civil 

rights laws (i.e. refers to a neutral policy or practice that applies to 

everyone regardless of race, color, national origin, ethnicity, sex, 

religion, age or disability). 

• Manifestly job-related and consistent with business necessity, 

reflecting only the knowledge and skills (including language and 

physical skills) actually required for competent performance. Voluntary 

Partnerships will make certain that no effective alternative with less 

adverse impact exists.

• Professionally validated, using state-of-the-art techniques. At a 

minimum, they meet the Uniform Guidelines on Employee Selection 

Procedures issued by the U.S. Equal Employment Opportunity 

Commission.

2. Due Process in Standards Development 

Due process ensures that any person (organization, company, or government agency) with a direct and material

interest has a right to participate by: (a) expressing a position and its basis, (b) having that position considered, and

Federal civil rights law forbids

employers from discriminating

on the basis of race, color,

national origin, ethnicity, sex,

religion, age or disability of an

employee or job applicant.

These laws bar intentional

discrimination. They also bar

discrimination that results

from an employment decision

that is neutral on its face but

has an adverse impact on

individuals in the groups listed

above, unless the standard or

assessment is job related for

the position... and consistent

with business necessity. Even

if the standard or assessment is

job related and consistent with

business necessity, if an

adverse impact results the

standard or assessment is still

illegal if another standard or

assessment could be devised

that effectively predicts job

competence with less of an

adverse impact.

1 2
(c) appealing a decision of the Voluntary Partnership if adversely affected. Due process allows for equity and fair play.

The following constitute the minimum acceptable due process requirements for the development of consensus:

Openness - Voluntary Partnerships are open for participation to anyone who is directly and materially affected by

the standards, regardless of professional association, technical expertise, or financial situation. Whenever the

Voluntary Partnerships begin the development or revision of a standard, they must publicize their efforts to interested

parties in a clear and meaningful manner. 

Balance - The voluntary, national skill standards development process should have a balance of interests and shall

not be dominated by any single interest category.

Consensus - Consensus requires that all views and objections be considered and that an effort be made toward

the resolution of the latter. Approval in this manner assures future users that each skill standard is generally

acceptable to the stakeholders. 

Written procedures - Written procedures shall govern the methods used for skill standards development and

shall be available to any interested person. The written procedures shall also contain a mechanism for the appeals

process.

Notification of skill standards development - Voluntary Partnerships will announce any skill standard

being developed or revised in all suitable media targeting each affected party. The public and interested parties will

be allowed a period to comment on any proposals or revisions. The comment period is a minimum of 60 days.

However, if the full text of the revision(s) can be published in the public listing (i.e. the Federal Register published by

the United States Government Printing Office and accessible via the internet at http://www.access.gpo.gov), then the

comment period may be a minimum of 30 days. Voluntary Partnerships may request a public listing at any stage in the

development of the proposal and are required to do so in the event of subsequent changes.

Consideration of views and objections - Voluntary Partnerships must promptly consider written views

and objections from all participants, including those commenting on the public listing. Once informed, the Voluntary

Partnership must make an effort to resolve all expressed objections, advising the objector of: the decision made; the

reasons for that decision; and the option to appeal. The Voluntary Partnership may respond to comments received

after the close of the public listing process as well as when the standards are updated.

1 3
3. NSSB Requirements Governing a Voluntary Partnership’s Skill Standards 

Development Plan

The NSSB requires each Voluntary Partnership to develop skill standards based on an analysis of work performed in

the industry cluster. The first step in this process is to prepare a workplan, outlining the approach to be used in

analyzing work and developing the skill standards. The workplan includes: 

• Specific methodologies 

• Detailed timeline 

• Human and technical resources 

• Budgets

The workplan should clearly explain how the planned methodologies are designed to meet the NSSB criteria for

standards. The methodology for determining concentrations must be identified as well.

4. Criteria Specific to Assessment

Assessments are to be reliable, fair, and valid, and must accurately evaluate the skills they are designed to measure.

They should adhere to the following: 

• Assessments are as objective as possible. When subjective measures 

are necessary, well-accepted techniques are applied to increase the 

consistency of judgments.

• Assessments reasonably accommodate persons with disabilities, 

consistent with the Americans with Disabilities Act.

• When economically feasible, and without impairing their validity, 

assessments for the core, concentration, or specialty skill standards 

are not limited to a single assessment tool or method, and include 

multiple measures of the same skill.

• Assessments are to be analyzed for their adverse impact on groups 

protected by civil rights laws. The Voluntary Partnership will select the

assessment(s) with the least adverse impact.

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B. Promotion of Employment Opportunities and Worker Mobility

In addition to the Act’s requirements pertaining to civil rights law, the statute includes a variety of other provisions that

address the goals of employment opportunities, worker mobility, and access. This section presents both the relevant

statutory provisions and the NSSB’s criteria designed to meet them. 

BOX 3: ABSTRACT OF THE NATIONAL SKILL STANDARDS ACT

PERTAINING TO EMPLOYMENT OPPORTUNITIES AND WORKER

MOBILITY

Section 502 of the Act states that the purpose of the NSSB is to serve as a catalyst for

the development and adoption of a voluntary, national system of skill standards,

assessment, and certification that complies with civil rights laws which can be used by

workers to advance their careers, help them reenter the workforce, and increase

opportunities for minorities and women, including removing barriers to the entry of

women into nontraditional employment.

Section 504 of the Act requires that skill standards established by the NSSB be portable

and facilitate worker mobility within an industry and among industries. Also, the NSSB

must create a system to share information related to skill standards with interested

parties and the public.

1. NSSB Criteria on Access to the National Skill Standards System

a. Information About the Skill Standards System - Information about skill standards systems and their

use will be accessible to all stakeholders and individuals. The following types of information must be as accessible as

possible: 

• Information about the standards, including the standards themselves

• Information about education and training available to meet the 

standards 

• Information about the assessments - to include information on delivery 

sites, costs, and certification routes, but not necessarily including 

disclosure of the assessments themselves

• Other information and programs operated by the Voluntary Partnerships

• Information about employers that use NSSB-endorsed skill standards 

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b. Information About Relevant Civil Rights Law - It is the responsibility of the Voluntary Partnerships

to advise employers that they are legally responsible for compliance with federal, state, and local civil rights laws if

they use skill standards in their employment decisions. Some helpful advice includes the following: 

• Employers must ascertain the applicability of NSSB-endorsed standards 

and assessments to their workplace. Knowledge and skills for a 

position that vary from the knowledge and skills in an NSSB-endorsed 

skill standard will need to be independently validated by the employer.

• Employers must make the reasonable accommodations required by the 

Americans with Disabilities Act when using NSSB-endorsed standards 

and certificates.

• Employers may want to offer training and/or experiential opportunities 

to workers to assist them in attaining skill standards. 

• Employers may not use the NSSB’s endorsement per se in a legal

proceeding as evidence that an employer’s practices conform to civil

rights laws. However, the research used by the NSSB to validate the

standards may be used by an employer in a legal proceeding.

c. Outreach - Communication of the information mentioned above is designed to reach the widest possible

audience, including the groups protected by civil rights laws as well as every interested party in this process.

d. Using the System - To maximize its impact and effectiveness, the skill standards system must be easy to

use. Thus:

• Assessments will be available in locations that do not burden 

individuals with unnecessary travel time or costs. 

• Costs to users of the system, including for assessment, are to be kept 

as low as reasonably possible. 

• The number and difficulty of forms/paperwork4 necessary to use the 

skill standards system are kept at the minimum level possible. 

• Individuals who do not successfully complete an assessment are

provided specific feedback on the skill areas in which they need 

improvement and are afforded an opportunity for reassessment.5

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2. NSSB Criteria on the Promotion of Employment Opportunities and Worker Mobility

Skill standards systems must promote the portability of credentials and facilitate worker mobility both within and

among industry clusters. Skill standards systems will increase employment opportunities for all workers, including

women, minorities, the elderly, disabled, and the economically disadvantaged (including welfare recipients). Voluntary

Partnerships must demonstrate how their skill standards system achieves these goals, including: 

• Skill standards and assessments will be modular,6 allowing individuals 

to demonstrate proficiency in and receive credit for attainment of a 

portion of a skill standard. Voluntary Partnerships will cooperate with 

the NSSB and other Voluntary Partnerships to construct modules that 

are portable within and across industry clusters. 

• Voluntary Partnerships will analyze and present information on existing 

mobility patterns within their industry clusters, as well as on existing 

skill-related impediments to mobility.7

• Skill standards systems will not erect new barriers to opportunity or 

mobility. 

C. Evaluation

Evaluation - and the continuous improvement activities that accompany it - is essential to a world-class skill standards

system. This section presents the relevant statutory abstracts and the NSSB criteria (in the area of civil rights,

opportunity, and access) designed to meet the statute.

BOX 4: ABSTRACT OF THE NATIONAL SKILL STANDARDS ACT

PERTAINING TO EVALUATION

Section 504(c) of the Act requires that the NSSB conduct workforce research relating

to skill standards, including research related to the use of skill standards in compliance

with civil rights laws, and make its findings available to both the Voluntary Partnerships

and the public. In addition, the skill standards system that is eventually endorsed shall

have systems in place to evaluate, assess, and certify the implementation of skill

standards that are consistent with civil rights laws.

Section 504(d) highlights the importance of civil rights laws and non-discrimination in

the endorsement of skill standards systems. 

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1. NSSB Criteria Pertaining to Evaluation

Voluntary Partnerships will provide annual reports to the NSSB that analyze the effectiveness of their skill standards

systems in meeting the goals of the National Skill Standards Act. Regarding the goals of civil rights, opportunity, and

access, these reports must cover the following: 

• Problems and impediments in implementing a skill standards system 

that can be used consistent with federal, state, and local civil rights 

law.

• Accomplishments and impediments of the system in increasing 

opportunities for minorities, women, and individuals seeking to reenter 

the workforce, including removal of barriers to the entry of women into 

nontraditional employment. 

• Accomplishments and impediments of the system in facilitating worker 

mobility, including upward and lateral mobility. 

• Accomplishments and impediments of the system in achieving 

credentials that are portable both within and among industry clusters. 

• Effectiveness of information dissemination for informing users of the 

requirements of relevant civil rights law.

• Cooperation between Voluntary Partnerships and the NSSB in the 

collection of information and data using uniform definitions, 

procedures, and computer formats designated by the NSSB. 

V. CONCLUDING REMARKS

The NSSB was created in 1994 by an Act of Congress to develop a voluntary, national system of skill standards. Skill

standards are necessary to provide America’s workforce with specialized skills to meet the needs of employers in this

increasingly information-based economy. This system will help our workers remain competitive with the rest of the

world, thereby providing greater job opportunities and raising the standards of living and economic security for

everyone. 

1 8
The development of a skill standards system requires the participation of a broad range of civic and interest groups to

provide valuable input and create a system that is practical and effective. Most of all, the standards must be created

to ensure equal access, fairness, and participation by each and every person who wishes to benefit from this system.

To make that happen, the NSSB needs organizations such as yours to join us in making a voluntary, national system

of skill standards, assessment, and certification a reality. 

Your organization will help ensure that standards are created that are fair and do not discriminate against any individual

in this country. Your critical input will help ascertain that trends and needs affecting underserved populations are taken

into consideration during the development of skill standards. The NSSB wants to create the best possible voluntary,

national skill standards system that will be a model for the rest of the world. We need your participation to make this

happen. Join us in our effort. GET INVOLVED! 

1 U.S. Bureau of the Census, Current Population Reports, Series P23- 194 (U.S. GPO 1998).

2 For more information on this benchmarking study, see Tab 6 of the NSSB Reference Manual for a

Voluntary Skill Standards System

3 At least 5% of the Decision Council must represent non-managerial employees (as defined by the Fair

Labor Standards Act) that, in the opinion of the NSSB (with the assistance of staff), reflects and fairly

represents the needs and issues of national skill standards and assessments.

4 Forms/paperwork do not include the assessments themselves. 

5 This criterion does not require Voluntary Partnerships to divulge information about assessments (either

through feedback or re-assessment) that is so specific as to endanger the security of the assessment.

6 This criterion will need subsequent development to ensure that the modules possess sufficient breadth.

The criterion does not require certification of the modules, which might undermine the value of the overall

certification.

7 NSSB will fund research using national data sources to supplement the analysis of the Voluntary

Partnerships, and to assist them to meet this criterion.

1 9
National Skill Standards Act of 1994

SEC. 501. SHORT TITLE.

This title may be cited as the “National Skill Standards Act of 1994.”

SEC. 502. PURPOSE.

It is the purpose of this title to establish a National Skill Standards Board to serve as a catalyst in stimulating the development and

adoption of a voluntary national system of skill standards and of assessment and certification of attainment of skill standards—

(1) that will serve as a cornerstone of the national strategy to enhance workforce skills;

(2) that will result in increased productivity, economic growth, and American economic competitiveness; and

(3) that can be used, consistent with civil rights laws—

(A) by the Nation, to ensure the development of a high skills, high quality, high performance workforce,

including the most skilled frontline workforce in the world;

(B) by industries, as a vehicle for informing training providers and prospective employees of skills

necessary for employment;

(C) by employers, to assist in evaluating the skill levels of prospective employees and to assist in the

training of current employees;

(D) by labor organizations, to enhance the employment security of workers by providing portable

credentials and skills;

(E) by workers, to—

(i) obtain certifications of their skills to protect against dislocation; 

(ii) pursue career advancement; and

(iii) enhance their ability to reenter the workforce;

(F) by students and entry-level workers, to determine the skill levels and competencies needed to

be obtained in order to compete effectively for high wage jobs;

(G) by training providers and educators, to determine appropriate training services to offer;

(H) by government, to evaluate whether publicly funded training assists participants to meet skill

standards where such standards exist and thereby protect the integrity of public expenditures;

(I) to facilitate the transition to high performance work organizations;

(J) to increase opportunities for minorities and women, including removing barriers to the entry of

women into nontraditional employment; and

(K) to facilitate linkages between other components of the national strategy to enhance

workforce skills, including school-to-work transition, secondary and postsecondary vocationaltechnical education, and job training programs.

SEC. 503. ESTABLISHMENT OF NATIONAL BOARD.

(a) IN GENERAL.— There is established a National Skill Standards Board (hereafter in this title referred to as the “National Board”).

2 0
(b) COMPOSITION.—

(1) IN GENERAL.— The National Board shall be composed of 28 members (appointed in accordance with paragraph

(3)), of whom —

(A) one member shall be the Secretary of Labor;

(B) one member shall be the Secretary of Education;

(C) one member shall be the Secretary of Commerce;

(D) one member shall be the Chairperson of the National Education Standards and Improvement

Council established pursuant to section 212(a);

(E) eight members shall be representatives of business (including representatives of small employers

and representatives of large employers) selected from among individuals recommended by recognized

national business organizations or trade associations;

(F) eight members shall be representatives of organized labor selected from among individuals

recommended by recognized national labor federations; and

(G) (i) 2 members shall be neutral, qualified human resource professionals; and

(ii) 6 members shall be representatives from the following groups, with at least 1 

member from each group: 

(I) Educational institutions (including vocational-technical institutions).

(II) Community-based organizations.

(III) State and local governments.

(IV) Nongovernmental organizations with a demonstrated history of 

successfully protecting the rights of racial, ethnic, or religious minorities, 

women, individuals with disabilities, or older persons.

(2) DIVERSITY REQUIREMENTS.— The members described in subparagraph (G) of paragraph (1) shall have expertise

in the area of education and training. The members described in subparagraphs (E), (F), and (G) of paragraph (1) shall—

(A) in the aggregate, represent a broad cross-section of occupations and industries; and

(B) to the extent feasible, be geographically representative of the United States and reflect the racial,

ethnic, and gender diversity of the United States.

(3) APPOINTMENT.— The membership of the National Board shall be appointed as follows:

(A) Twelve members (four from each class of members described in subparagraphs (E), (F), and (G) of

paragraph (1)) shall be appointed by the President.

(B) Six members (two from each class of members described in subparagraphs (E), (F), and (G) of

paragraph (1)) shall be appointed by the Speaker of the House of Representatives, of whom three

members (one from each class of members described in subparagraphs (E), (F), and (G) of paragraph

(1)) shall be selected from recommendations made by the Majority Leader of the House of

Representatives and three members (one from each class of members described in subparagraphs (E),

(F), and (G) of paragraph (1)) shall be selected from recommendations made by the Minority Leader of

the House of Representatives.

(C) Six members (two from each class of members described in subparagraphs (E), (F), and (G) of

paragraph (1)) shall be appointed by the President pro tempore of the Senate, of whom three members

(one from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1)) shall

be selected from recommendations made by the Majority Leader of the Senate and three members (one 2 1
from each class of members described in subparagraphs (E), (F), and (G) of paragraph (1)) shall be

selected from recommendations made by the Minority Leader of the Senate.

(4) EX OFFICIO NON-VOTING MEMBERS.—The members of the National Board specified in subparagraphs (A), (B), (C),

and (D) of paragraph (1) shall be ex officio, non-voting members of the National Board.

(5) TERM.— Each member of the National Board appointed under subparagraph (E), (F), or (G) of paragraph (1) shall

be appointed for a term of 4 years, except that of the initial members of the Board appointed under such subparagraphs—

(A) twelve members shall be appointed for a term of 3 years (four from each class of members

described in subparagraphs (E), (F), and (G) of paragraph (1)), of whom-

(i) two from each such class shall be appointed in accordance with paragraph (3)(A); 

(ii) one from each such class shall be appointed in accordance with paragraph (3)(B); 

and

(iii) one from each such class shall be appointed in accordance with paragraph (3)(C); 

and

(B) twelve members shall be appointed for a term of 4 years (four from each class of members

described in subparagraphs (E), (F), and (G) of paragraph (1)), of whom—

(i) two from each such class shall be appointed in accordance with paragraph (3)(A);

(ii) one from each such class shall be appointed in accordance with paragraph (3)(B);

(iii) one from each such class shall be appointed in accordance with paragraph (3)(C).

(6) VACANCIES.— Any vacancy in the National Board shall not affect its powers, but shall be filled in the same

manner as the original appointment.

(c) CHAIRPERSON AND VICE CHAIRPERSONS.—

(1) CHAIRPERSON.—

(A) IN GENERAL.— Except as provided in subparagraph (B), the National Board, by majority vote,

shall elect a Chairperson once every two years from among the members of the National Board.

(B) INITIAL CHAIRPERSON.— The first Chairperson of the National Board shall be elected, by a

majority vote of the National Board, from among the members who are representatives of business (as

described in subparagraph (E) of subsection (b)(1)) and shall serve for a term of 2 years.

(2) VICE CHAIRPERSONS— The National Board, by majority vote, shall annually elect three Vice Chairpersons (each

representing a different class of the classes of members described in subparagraphs (E), (F), and (G) of subsection (b)(1)

and each of whom shall serve for a term of 1 year) from among its members appointed under subsection (b)(3).

(d) COMPENSATION AND EXPENSES.—

(1) COMPENSATION.— All Members of the National Board who are not full-time employees or officers of the Federal

Government shall serve without compensation. All members of the National Board who are officers or employees of the

United States shall serve without compensation in addition to that received for their services as officers or employees

of the United States.

(2) EXPENSES.— The members of the National Board shall be allowed travel expenses, including per diem in lieu of

subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57, title 5, United States Code,

while away from their homes or regular places of business in the performance of services for the National Board. 

(e) EXECUTIVE DIRECTOR AND STAFF.—

(1) EXECUTIVE DIRECTOR.— The Chairperson of the National Board shall appoint an Executive Director who shall

be compensated at a rate determined by the National Board, not to exceed the rate payable for level V of the Executive

Schedule under section 5316 of title 5, United States Code. 

2 2
(2) STAFF.— 

(A) IN GENERAL.— The Executive Director may appoint and compensate such additional staff as may

be necessary to enable the Board to perform its duties. Such staff shall include at least one

individual with expertise in measurement and assessment.

(B) COMPENSATION.— The Executive Director may fix the compensation of the staff without regard

to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating

to classification of positions and General Schedule pay rates, except that the rate of pay for the staff

may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. 

(f) VOLUNTARY AND UNCOMPENSATED SERVICES.— Notwithstanding section 1342 of title 31, United States Code, the National

Board is authorized, in carrying out this title, to accept voluntary and uncompensated services. 

(g) AGENCY SUPPORT.—

(1) USE OF FACILITIES.—The National Board may use the research, equipment, services, and facilities of any agency

or instrumentality of the United States with the consent of such agency or instrumentality.

(2) STAFF OF FEDERAL AGENCIES.—Upon the request of the National Board, the head of any Federal agency of the

United States may detail to the National Board, on a reimbursable basis, any of the personnel of such Federal agency to

assist the National Board in carrying out this title. Such detail shall be without interruption or loss of civil service status

or privilege. 

(h) CONFLICT OF INTEREST.— An individual who has served as a member of the National Board may not have any financial

interest in an assessment and certification system developed or endorsed under this title for a period of three years after

the termination of service of such individual from the National Board. 

(i) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.— The Chairperson of the National Board may procure

temporary and intermittent services of experts and consultants under section 3109(b) of title 5, United States Code.

(j) TERMINATION.—The National Board shall terminate on September 30, 1999.

SEC. 504. FUNCTIONS OF THE NATIONAL BOARD.

(a) IDENTIFICATION OF OCCUPATIONAL CLUSTERS.—

(1) IN GENERAL.— Subject to paragraph (2), the National Board shall identify broad clusters of major occupations

that involve one or more than one industry in the United States and that share characteristics that are appropriate for

the development of common skill standards.

(2) PROCEDURES FOR IDENTIFICATION.— Prior to identifying board clusters of major occupations under paragraph (1),

the National Board shall engage in extensive public consultation, including solicitation of public comment on proposed

clusters through publication in the Federal Register. 

(b) ESTABLISHMENT OF VOLUNTARY PARTNERSHIPS TO DEVELOP STANDARDS.—

(1) IN GENERAL.— For each of the occupational clusters identified pursuant to subsection (a), the National

Board shall encourage and facilitate the establishment of voluntary partnerships to develop a skill standards

system in accordance with subsection (d).

(2) REPRESENTATIVES.— Such voluntary partnerships shall include the full and balanced participation of—

(A) (i) representatives of business (including representatives of large 

employers and representatives of small employers) who have expertise in the area of 

workforce skill requirements, and who are recommended by national business organizations 

or trade associations representing employers in the occupation or industry for which a 

standard is being developed; and 

(ii) representatives of trade associations that have received grants from the Department 

of Labor or the Department of Education to establish skill standards prior to the date of 

enactment of this title;

2 3
(B) employee representatives who have expertise in the area of workforce skill requirements 

and who shall be—

(i) individuals recommended by recognized national labor organizations representing 

employees in the occupation or industry for which a standard is being developed; and

(ii) such other individuals who are nonmanagerial employees with significant 

experience and tenure in such occupation or industry as are appropriate given the 

nature and structure of employment in the occupation or industry;

(C) representatives of—

(i) educational institutions;

(ii) community-based organizations;

(iii) State and local agencies with administrative control or direction over education, 

vocational-technical education, or employment and training;

(iv) other policy development organizations with expertise in the area of workforce 

skill requirements; and

(v) non-governmental organizations with a demonstrated history of successfully 

protecting the rights of racial, ethnic, or religious minorities, women, individuals with 

disabilities, or older persons; and

(D) individuals with expertise in measurement and assessment, including relevant experience 

in designing unbiased assessments and performance-based assessments.

(3) EXPERTS.— The partnerships described in paragraph (1) may also include such other individuals who are

independent, qualified experts in their fields. 

(c) RESEARCH, DISSEMINATION, AND COORDINATION.— In order to support the activities described in subsections (b) and (d),

the National Board shall—

(1) conduct workforce research relating to skill standards (including research relating to use of skill standards in

compliance with civil rights laws) and make such research available to the public, including the voluntary partnerships

described in subsection (b);

(2) identify and maintain a catalog of skill standards used by other countries and by States and leading firms and

industries in the United States;

(3) serve as a clearinghouse to facilitate the sharing of information on the development of skill standards and other

relevant information among representatives of occupations and industries identified pursuant to subsection (a), the

voluntary partnerships described in subsection (b), and among education and training providers through such

mechanisms as the Capacity Building and Information and Dissemination Network established under section 453(b) of

the Job Training Partnership Act (29 U.S.C. 1733(b)) and the Educational Resources Information Center Clearinghouses;

(4) develop a common nomenclature relating to skill standards;

(5) encourage the development and adoption of curricula and training materials, for attaining the skill standards

developed pursuant to subsection (d), that provide for structured work experiences and related study programs leading

to progressive levels of professional and technical certification and postsecondary education;

(6) provide appropriate technical assistance to voluntary partnerships involved in the development of standards and

systems described in subsection (b); and

(7) facilitate coordination among voluntary partnerships that meet the requirements of subsection (b) to promote the

development of a coherent national system of voluntary skill standards.

2 4
(d) ENDORSEMENT OF SKILL STANDARDS SYSTEMS.—

(1) DEVELOPMENT OF ENDORSEMENT CRITERIA.— 

(A) The National Board, after extensive public consultation, shall develop objective criteria for

endorsing skill standards systems relating to the occupational clusters identified pursuant to

subsection (a). Such criteria shall, at a minimum, include the components of a skill standards system

described in subparagraph (B). The endorsement criteria shall be published in the Federal

Register, and updated as appropriate.

(B) The skill standards systems endorsed pursuant to paragraph (1) shall have one or more of the

following components:

(i) Voluntary skill standards, which at a minimum—

(I) take into account relevant standards used in other countries and 

relevant international standards;

(II) meet or exceed the highest applicable standards used in the United 

States, including apprenticeship standards registered under the Act of 

August 16, 1937 (commonly known as the “National Apprenticeship Act,” 

50 Stat. 664, chapter 663, 29 U.S.C. 50 et seq.);

(III) take into account content and performance standards certified 

pursuant to title II [academic standards];

(IV) take into account the requirements of high performance work 

organizations;

(V) are in a form that allows for regular updating to take into account 

advances in technology or other developments within the occupational 

cluster;

(VI) are formulated in such a manner that promotes the portability of 

credentials and facilitates worker mobility within an occupational cluster or 

industry and among industries; and

(VII) are not discriminatory with respect to race, color, gender, age, 

religion, ethnicity, disability, or national origin, consistent with Federal civil 

rights laws.

(ii) A voluntary system of assessment and certification of the attainment of skill 

standards developed pursuant to subparagraph (A), which at a minimum-

(I) has been developed after taking into account relevant methods of such 

assessment and certification used in other countries;

(II) utilizes a variety of evaluation techniques, including, where appropriate, 

oral and written evaluations, portfolio assessments, and performance tests; and

(III) includes methods for establishing that the assessment and certification 

system is not discriminatory with respect to race, color, gender, age, religio, 

ethnicity, disability, or national origin, consistent with Federal civil rights laws.

(iii) A system to promote the use of and to disseminate information relating to skill 

standards, and assessment and certification systems, developed pursuant to this paragraph 

(including dissemination of information relating to civil rights laws relevant to the use of 

such standards and systems) to entities such as institutions of higher education offering 

professional and technical education, labor organizations, trade associations, employers 

providing formalized training, and other organizations likely to benefit from such standards 

and systems. 2 5
(iv) A system to evaluate the implementation of the skill standards, and assessment and 

certification systems developed pursuant to this paragraph, and the effectiveness of the 

information disseminated pursuant to subparagraph (C) for informing the users of such 

standards and systems of the requirements of relevant civil rights laws.

(v) A system to periodically revise and update the skill standards, and assessment and 

certification systems developed pursuant to this paragraph, which will take into account 

changes in standards in other countries.

(2) ENDORSEMENT.— The National Board, after public review and comment, shall endorse those skill standards

systems relating to the occupational clusters identified pursuant to subsection (a) that—

(A) meet the objective endorsement criteria that are developed pursuant to paragraph (1); and

(B) are submitted by voluntary partnerships that meet the requirements of subsection (b).

(e) RELATIONSHIP WITH CIVIL RIGHTS LAWS.—

(1) IN GENERAL.— Nothing in this title shall be construed to modify or affect any Federal or State law prohibiting

discrimination on the basis of race, color, gender, age, religion, ethnicity, disability, or national origin.

(2) EVIDENCE.— The endorsement or absence of an endorsement by the National Board of a skill standard, or

assessment and certification system, under subsection (d) shall not be used in any action or proceeding to establish

that the use of a skill standard or assessment and certification system conforms or does not conform to the requirements

of civil rights laws.

(f) COORDINATION.— The National Board shall establish cooperative arrangements with the National Education Standards and

Improvement Council to promote the coordination of the development of skill standards under this section with the development of

voluntary national content standards and voluntary national student performance standards in accordance with section 213.

(g) FINANCIAL ASSISTANCE.—

(1) IN GENERAL.— From funds appropriated pursuant to section 507—

(A) the National Board may enter into contracts and cooperative agreements to carry out the

purposes of this title; and

(B) the Secretary of Labor may, in accordance with paragraph (2), award grants to voluntary

partnerships for the development of skill standards systems meeting the requirements of

subsection (d).

(2) GRANTS TO VOLUNTARY PARTNERSHIPS.—

(A) ELIGIBILITY AND APPLICATION.— Voluntary partnerships that meet the requirements of

subsection (b) shall be eligible to apply for a grant under this subsection. Each such voluntary

partnership desiring a grant shall submit an application to the National Board at such time, in such

manner, and accompanied by such information as the National Board may reasonably require.

(B) REVIEW AND RECOMMENDATION.— The National Board shall review each application

submitted pursuant to subparagraph (A) in accordance with the objective criteria published

pursuant to subparagraph (C) and shall forward each such application to the Secretary of Labor

accompanied by a nonbinding recommendation for the approval or disapproval of each such

application by the Secretary.

(C) CRITERIA FOR REVIEW.—Prior to each fiscal year, the National Board shall publish objective

criteria to be used by the Board in reviewing applications under subparagraph (B).

(3) LIMITATION ON USE OF FUNDS.—

(A) IN GENERAL.— Not more than 20 percent of the funds appropriated pursuant to the authority of

2 6 section 507(a) for each fiscal year shall be used by the National Board for the costs of administration.
(B) COSTS OF ADMINISTRATION DEFINED.— For purposes of this paragraph, the term “costs of

administration” means costs relating to staff, supplies, equipment, space, and travel and per diem,

costs of conducting meetings and conferences, and other related costs.

SEC. 505. DEADLINES.

Not later than December 31, 1995, the National Board shall, at a minimum—

(1) identify occupational clusters pursuant to section 504(a) representing a substantial portion of the workforce; and 

(2) promote the development of an initial set of skill standards in accordance with section 504(d) for such clusters.

SECTION 506. REPORTS.

The National Board shall prepare and submit to the President and the Congress in each of the fiscal years 1994 through 1999, a report

on the activities conducted under this title. Such report shall include information on the extent to which skill standards have been

adopted by employers, training providers, and other entities, and on the effectiveness of such standards in accomplishing the

purposes described in section 502.

SECTION 507. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to carry out this title $15,000,000 for fiscal year 1994 and such sums as

may be necessary for each of fiscal years 1995 through 1999.

(b) AVAILABILITY.—Amounts appropriated pursuant to subsection (a) shall remain available until expended.

SEC. 508. DEFINITIONS.

For purposes of this title, the following definitions apply:

(1) COMMUNITY-BASED ORGANIZATIONS. — The term “community-based organizations” has the meaning given the

term in section 4(5) of the Job Training Partnership Act (29 U.S.C. 1503(5)). [The JTPA definition is as follows: The term

“community-based organizations” means private non-profit organizations which are representative of communities or

significant segments of communities and which provide job training services (for example, Opportunities Industrialization

Centers, the National Urban League, SER-Jobs for Progress, United Way of America, Mainstream, the National Puerto

Rican Forum, National Council of La Raza, 70,001, Jobs for Youth, organizations operating career intern programs,

neighborhood groups and organizations, community action agencies, community development corporations, vocational

rehabilitation organizations, rehabilitation facilities (as defined in section 7(10) of the rehabilitation act of 1973 [29

U.S.C.A. ß 706(10)]), agencies serving youth, agencies serving the handicapped, agencies serving displaced

homemakers, union-related organizations, and employer-related nonprofit organizations), and organizations serving nonreservation Indians (including the National Urban Indian Council), as well as tribal governments and Native Alaskan

groups.]

(2) EDUCATIONAL INSTITUTION.— The term “educational institution” means a high school, a vocational school, and

an institution of higher education.

(3) INSTITUTION OF HIGHER EDUCATION.— The term “institution of higher education” means an institution of higher

education (as such term is defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) which continues

to meet the eligibility and certification requirements under section 498 of such Act.

(4) SKILL STANDARD.— The term “skill standard” means a standard that specifies the level of knowledge and

competence required to successfully perform work-related functions within an occupational cluster.

SEC. 509. SUNSET PROVISION

(a) REPEAL.— This title is repealed on September 30, 1999.

(b) REVIEW OF REPEAL.— It is the sense of the Congress that the appropriate committees of the Congress should review the

accomplishments of the National Board prior to the date of repeal described in subsection (a) in order to determine whether it is

appropriate to extend the authorities provided under this title for a period beyond such date.

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FULL TEXT OF THE NSSB CRITERIA FOR CIVIL RIGHTS, OPPORTUNITY, AND ACCESS

The National Skill Standards Act requires the Board to “develop objective criteria for endorsing skill standards systems,” including

criteria concerning civil rights, opportunity and access. Statutory criteria include requirements that skill standards systems:

• are not discriminatory, and can be used consistent with federal civil rights laws; 

• promote portable credentials; 

• facilitate worker mobility; 

• disseminate information concerning the system; 

• increase opportunities for minorities and women; and 

• evaluate the system’s effectiveness, including its effectiveness in creating a system that complies with 

civil rights law and opens opportunities for women and minorities. 

The Board’s endorsement of a skill standards system is its seal of approval, informing all stakeholders that the system represents

both quality and fairness. The Board’s criteria will help the Voluntary Partnerships meet these goals as well as the specific civil

rights, opportunity and access provisions in the National Skill Standards Act. The criteria are also designed to assist the Voluntary

Partnerships in developing skill standards systems that can be used consistent with federal civil rights law. 

To achieve the twin goals of quality and fairness, the Board will use both criteria and specific activities by the NSSB itself,

described below. The criteria are what the NSSB expects the Voluntary Partnerships to meet to receive NSSB endorsement. In

addition, the NSSB itself will take steps to help the Voluntary Partnerships meet the goals of civil rights, opportunity, and access. 

The criteria group the National Skill Standards Actís requirements listed above into four categories: 

I. Consistency with federal civil rights law 

II. Promotion of employment opportunities and worker mobility

III. Access to the skill standards system

IV. Evaluation of the system’s effectiveness with regard to civil rights, opportunity and access

I. Consistency with Federal Civil Rights Law

A. General Criteria for Standards and Assessments

Skill standards systems can be used by employers consistent with federal civil rights law1 and are nondiscriminatory with respect

to race, color, gender, age, religion, ethnicity, disability, or national origin. For the critical work functions of jobs within the clusters

for which they are developed, the skill standards and assessments are: 

• Neutral on their face with respect to the groups protected by civil rights law. 

• Manifestly job-related and consistent with business necessity, reflecting only the knowledge and skills 

(including language and physical skills) actually required for competent performance. Voluntary 

Partnerships will further ascertain that no effective alternative with less adverse impact exists.

• Professionally validated, using state-of-the-art techniques. At a minimum, they meet the Uniform 

Guidelines on Employee Selection Procedures found in 29 Code of Federal Regulations 1607.

1

Federal civil rights law forbids employers from discriminating on the basis of race, color, national origin, ethnicity, sex, religion, age or disability of an employee or

job applicant. These laws bar intentional discrimination. They also bar discrimination that results from an employment decision that is neutral on its face but has an

adverse impact on individuals in the groups listed above, unless the standard or assessment is job related for the position and consistent with business necessity.

Even when the standard or assessment is job-related and consistent with business necessity, if an adverse impact results the standard or assessment is still illegal if

another standard or assessment could be devised that effectively predicts job competence with less of an adverse impact.
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B. Criteria specific to assessment 

1. Criteria Related to Methodology

a) Assessments are reliable, fair, and valid, accurately measuring the skills they are designed to measure, and are 

not discriminatory with respect to race, color, gender, age, religion, ethnicity, disability, or national origin, 

consistent with federal civil rights laws. To achieve these goals of reliability, validity, and fairness, the 

assessments are developed in a manner consistent with relevant professional and technical standards and 

government guidelines. Professional standards include the APA/AERA/NCME Standards for Educational and 

Psychological Tests and the Society for Industrial and Organizational Psychologyís Principles for the Validation 

and Use of Employee Selection Procedures. Government guidelines are found in 29 Code of Federal 

Regulations 1607, Uniform Guidelines on Employee Selection Procedures. 

b) Assessments are as objective as possible. When subjective measures are necessary, well-accepted techniques are 

applied to increase the consistency of judgments. 

c) The assessments are practical in terms of the time, expense, and resource requirements involved in both their 

development (that is, creation and validation of the assessments) and delivery (that is, ongoing administration, scoring,

and maintenance/updating of the assessments).

2. Criteria Related to the Use of Assessments 

a) Assessments are analyzed for their adverse impact on the groups protected by civil rights, and the Voluntary 

Partnership selects the assessment(s) with the least adverse impact. Assessments reasonably accommodate persons 

with disabilities, consistent with the Americans with Disabilities Act. 

II. Promotion of Employment Opportunities and Worker Mobility

Skill standards systems will promote the portability of credentials and facilitate worker mobility both within and among industry

clusters. Skill standards systems will increase employment opportunities for all workers, including women, minorities, the elderly,

handicapped, and the economically disadvantaged (including welfare recipients). Voluntary Partnerships will demonstrate how their

skill standards system achieves these goals, including through the following means: 

• Skill standards and assessments are modular,2 allowing individuals to demonstrate proficiency in and 

receive credit for attainment of a portion of a skill standard. Voluntary Partnerships will cooperate with the 

NSSB and other Voluntary Partnerships to construct modules that are portable within and across industry 

clusters. (See Section III for additional criteria.) 

• Voluntary Partnerships analyze and present information on existing mobility patterns within their industry 

clusters, as well as present information on existing skill-related impediments to mobility. 

• Skill standards systems do not erect new barriers to opportunity or mobility.3.

2

This criterion will need subsequent development to ensure that the modules possess sufficient breadth. The criterion does not require certification of the modules,

which might undermine the value of the overall certification.

3

NSSB will fund research using national data sources to supplement the analysis of the Voluntary Partnerships, and to assist them to meet this criterion.
III. Access to the Skill Standards System 

Information about and use of skill standards systems are maximally accessible to all stakeholders and individuals.

A. Information about the National Skill Standards System

The following types of information are maximally accessible:

• Information about the standards, including the standards themselves

• Information about education and training available to meet the standards

• Information about the assessments4

• Other information and programs operated by the Voluntary Partnerships

• Available information about employers that use NSSB-endorsed skill standards. 

B. Information about Relevant Civil Rights Law

Voluntary Partnerships will advise employers that, if they use skill standards to make employment decisions, employers are legally

responsible for compliance with federal, state and local civil rights law.5 The advice includes the following: 

• Employers are responsible for ascertaining the applicability of NSSB-endorsed standards and assessments 

to their workplace. Knowledge and skills required for specific jobs that vary from the knowledge and skills 

in an NSSB-endorsed skill standard will need to be independently validated by the employer for that job. 

• Employers must make the reasonable accommodations required by the Americans with Disabilities Act in 

using NSSB-endorsed skill standards and certificates. 

• Employers may want to offer training and/or experiential opportunities to workers to assist them to attain 

skill standards, which may limit the adverse impact of standards and assessments upon the legally 

protected groups listed in Criterion I. 

• Employers may not use NSSB’s endorsement per se in a legal proceeding as evidence that an employer’s 

practices conform to civil rights law. However, the research used to validate the standards can be used.

C. Outreach

Outreach of the information in criteria 1 and 2 above is designed to reach the widest possible audience, including the groups

protected by civil rights law as well as employers of all sizes, employer associations, unions, educational institutions, communitybased organizations, government offices including the public employment service, the economically disadvantaged (including

welfare recipients), and individuals not currently employed.

4

Information about the assessments does not include disclosure of the assessments themselves.

5

The NSSB Reference Manual will contain the relevant legal advice necessary for the Voluntary Partnerships to meet this criterion. If the Voluntary Partnerships convey this

NSSB advice to employers, the Voluntary Partnerships will have met this criterion.

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D. Using the System

Opportunities to use the skill standards system are maximally accessible, including the following: 

• To the extent economically feasible, assessments are available in locations which do not necessitate undue

travel time or costs for individuals. 

• The number and difficulty of forms/paperwork6 necessary to use the skill standards system are kept at the 

minimum level possible. 

• Individuals who do not successfully complete an assessment are provided specific feedback on the skill 

areas in which they need improvement.7 Such individuals are also afforded some opportunity to be assessed

again. 

IV. Evaluation of the System’s Effectiveness 

Each Voluntary Partnership will provide annual reports to the NSSB that analyze the effectiveness of their skill standards system in

meeting the goals of the National Skill Standards Act. Regarding the goals of civil rights, opportunity and access, these reports

cover the following issues: 

1. Problems and impediments in implementing a skill standards system that can be used consistent with federal, state and local

civil rights law. 

2. Accomplishments and impediments of the system in increasing opportunities for minorities, women and individuals seeking to 

reenter the workforce, including removal of barriers to the entry of women into nontraditional employment. 

3. Accomplishments and impediments of the system in facilitating worker mobility, including upward and lateral mobility. 

4. Accomplishments and impediments of the system in achieving credentials that are portable both within and among industry 

clusters. 

5. Effectiveness of information dissemination for informing users of the requirements of relevant civil rights law.

6. Voluntary Partnerships cooperate with the NSSB in the collection of information and data using uniform definitions, procedures 

and computer formats designated by the NSSB.

6

“Forms/paperwork” do not include the assessments themselves. 

7

This criterion does not require Voluntary Partnerships to divulge information about assessments, either through feedback or re-assessment that is so specific as to endanger

the security of the assessment.
Chairman:

James R. Houghton

Chairman of the Board, Emeritus 

Corning Inc.

Vice Chairs:

James Burge

Former Corporate Vice President 

& Director of Governmental Affairs

Motorola, Inc.

Paul F. Cole

Sec.-Treas., New York State 

AFL-CIO Vice Pres.,

American Federation of Teachers

William E. Weisgerber

Former State Director 

Michigan Department of Education’s 

Office of Career and Technical

Education 

Members:

Earline Ashley

Executive Director

Rankin County Human Resource

Agency

Susan Auld

President

Auld, Bishop and Adams

Capitol Strategies, LTD

George Becker

President

United Steelworkers of America

George Bliss

Director of Training

United Assn. of Journeymen and

Apprentices of the Plumbing and

Pipe Fitting Industry of the United

States and Canada

Terrance Craney

President

Wisconsin Education Association

Council

Kenneth Edwards

Former Director, Research and

Technical Services Department.

IBEW

Tim C. Flynn

Chairman

LodgeNet Entertainment

Barbara Kairson

Administrator

District Council 37

Education Fund of American

Federation State County Municipal

Employees

William L. Lepley

President and Chief Executive Officer

The Milton Hershey School

Ray Marshall

Audre & Bernard Rapopore

Centennial Chair, Emeritus in

Economics and Public Affairs

University of Texas

LBJ School of Public Affairs

Jon A. Reeves

President

Reeves and Williams Builders

Ronald K. Robinson

President

International Longshoremen’s

Association

Local 1752

Marc Tucker

President

National Center on Education & the

Economy

Jerald Tunheim

President

Dakota State University

Anne-Lee Verville

Former General Manager of

Worldwide Education Industry

IBM Corporation

Carolyn Warner

President 

Corporate Education Consulting, Inc.

Alan L. Wurtzel

Vice Chairman of the Board

Circuit City Stores, Inc.

Ex Officio Members:

The Honorable 

Alexis M. Herman

Secretary

U.S. Department of Labor

The Honorable 

William M. Daley

Secretary

U.S. Department of Commerce

The Honorable 

Richard W. Riley

Secretary

U.S. Department of Education

Edie West

Executive Director

National Skill Standards Board

NSSB’s Partners in the National System

MEMBERS OF THE NATIONAL SKILL STANDARDS BOARD

Education and Training 

Voluntary Partnership

1441 L Street, NW

Suite 9000

Washington, DC 20005

Tel: 202-254-8628

1-877-THE-NSSB

Fax: 202-254-8646

www.nssb.org