H. R. 1804—67
(3) the provisions of section 438(c) of the General Education
Provision Act shall apply to organizations awarded grants
under this title.
SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may
be necessary for each of the fiscal years 1995 through 1998 to
carry out this title.
TITLE V—NATIONAL SKILL STANDARDS
BOARD
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 develop-
ment 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 integ-
rity of public expenditures;
(I) to facilitate the transition to high performance work
organizations;
H. R. 1804—68
(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, includ-
ing school-to-work transition, secondary and postsecondary
vocational-technical education, and job training programs.
SEC. 503. ESTABLISHMENT OF NATIONAL BOARD.
(a) IN GENERAL.—There is established a National Skill Stand-
ards Board (hereafter in this title referred to as the ‘‘National
Board’’).
(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 rep-
resentatives 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 follow-
ing 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 dem-
onstrated 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 sub-
paragraphs (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 representa-
tive 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.
H. R. 1804—69
(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 recommenda-
tions made by the Majority Leader of the House of Rep-
resentatives 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 Representa-
tives.
(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 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 NONVOTING MEMBERS.—The members of the
National Board specified in subparagraphs (A), (B), (C), and
(D) of paragraph (1) shall be ex officio, nonvoting 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); and
(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.—
H. R. 1804—70
(A) IN GENERAL.—Except as provided in subparagraph
(B), the National Board, by majority vote, shall elect a
Chairperson once every 2 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 3 Vice Chairpersons (each represent-
ing 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 subsist-
ence, at rates authorized for employees of agencies under sub-
chapter 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 com-
pensated 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) 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 measure-
ment and assessment.
(B) COMPENSATION.—The Executive Director may fix
the compensation of the staff without regard to the provi-
sions 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.—Notwithstand-
ing 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
H. R. 1804—71
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 privi-
lege.
(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 3 years after the termination of
service of such individual from the National Board.
(i) PROCUREMENT
OF TEMPORARY
AND INTERMITTENT SERV-
ICES.—The Chairperson of the National Board may procure tem-
porary 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 1 or more than 1 industry in the United States and
that share characteristics that are appropriate for the develop-
ment of common skill standards.
(2) PROCEDURES FOR IDENTIFICATION.—Prior to identifying
broad 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 partner-
ships 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 representa-
tives 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 stand-
ard 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;
(B) employee representatives who have expertise in
the area of workforce skill requirements and who shall
be—
H. R. 1804—72
(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 occupa-
tion 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 dem-
onstrated 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 compli-
ance 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 indus-
tries 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 Capac-
ity Building and Information and Dissemination Network estab-
lished under section 453(b) of the Job Training Partnership
Act (29 U.S.C. 1733(b)) and the Educational Resources Informa-
tion Center Clearinghouses;
(4) develop a common nomenclature relating to skill stand-
ards;
(5) encourage the development and adoption of curricula
and training materials, for attaining the skill standards devel-
oped 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;
H. R. 1804—73
(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.
(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 sub-
section (a). Such criteria shall, at a minimum, include the
components of a skill standards system described in subpara-
graph (B). The endorsement criteria shall be published in the
Federal Register, and updated as appropriate.
(B) The skill standards systems endorsed pursuant to para-
graph (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 stand-
ards used in the United States, including apprentice-
ship 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;
(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 pro-
motes 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 evalua-
tions, portfolio assessments, and performance tests;
and
(III) includes methods for establishing that the
assessment 
and 
certification 
system 
is 
not
H. R. 1804—74
discriminatory with respect to race, color, gender, age,
religion, ethnicity, disability, or national origin, consist-
ent 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 para-
graph (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 edu-
cation offering professional and technical education, labor
organizations, trade associations, employers providing for-
malized training, and other organizations likely to benefit
from such standards and systems.
(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 sys-
tems 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 endorse-
ment 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 coopera-
tive arrangements with the National Education Standards and
Improvement Council to promote the coordination of the develop-
ment 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
H. R. 1804—75
(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 partner-
ships 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 cri-
teria 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 subpara-
graph (B).
(3) LIMITATION ON USE OF FUNDS.—
(A) IN GENERAL.—Not more than 20 percent of the
funds appropriated pursuant to the authority of 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 stand-
ards in accordance with section 504(d) for such clusters.
SEC. 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.
SEC. 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 sub-
section (a) shall remain available until expended.