114
(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).
(c) CHAIRPERSON AND VICE CHAIRPERSONS.—
(1) CHAIRPERSON.—The National Board shall
biennially elect a Chairperson from among the mem-
bers of the National Board by a majority vote of
such members.
(2) VICE CHAIRPERSONS.—The National Board
shall annually elect 3 Vice Chairpersons (each rep-
resenting a different class of the classes of members
described in subparagraphs (E), (F), and (G) of
subsection (b)(1)) from among its members ap-
pointed under subsection (b)(3) by a majority vote
of such members, each of whom shall serve for a
term of 1 year.
(d) COMPENSATION AND EXPENSES.—
(1) COMPENSATION.—Members of the National
Board who are not regular full-time employees or of-
115
ficers of the Federal Government shall serve without
compensation.
(2) EXPENSES.—The members of the National
Board shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with 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 Na-
tional Board.
(e) EXECUTIVE DIRECTOR AND STAFF.—The Chair-
person of the National Board shall appoint an Executive
Director, who shall be compensated at a rate determined
by the National Board that shall not exceed the rate of
pay for level V of the Executive Schedule under section
5316 of title 5, United States Code, and who shall appoint
such staff as is necessary in accordance with title 5, Unit-
ed States Code. Such staff shall include at least one indi-
vidual with expertise in measurement and assessment.
(f) AGENCY SUPPORT.—
(1) USE OF FACILITIES.—The National Board
may use the research, equipment, services and facili-
ties of any agency or instrumentality of the United
States with the consent of such agency or instru-
mentality.
116
(2) STAFF OF FEDERAL AGENCIES.—Upon the
request of the National Board, the head of any de-
partment or agency of the United States may detail
to the National Board, on a reimbursable basis, any
of the personnel of such department or agency to as-
sist the National Board in carrying out this title.
(g) 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 indi-
vidual from the National Board.
SEC. 403. FUNCTIONS OF THE NATIONAL BOARD.
(a) IDENTIFICATION
OF
OCCUPATIONAL
CLUS-
TERS.—
(1) IN GENERAL.—Subject to paragraph (2),
the National Board, after extensive public review
and comment and study of the national labor mar-
ket, shall identify broad clusters of major occupa-
tions that involve one or more than one industry in
the United States.
(2) PROCEDURES FOR IDENTIFICATION.—Prior
to identifying broad clusters of major occupations
under paragraph (1), the National Board shall—
117
(A) develop procedures for the identifica-
tion of such clusters;
(B) publish such procedures in the Federal
Register; and
(C) allow for extensive public review of and
comment on such procedures.
(b) 
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 es-
tablishment of voluntary partnerships to develop a
skill standards system in accordance with subsection
(d).
(2) REPRESENTATIVES.—Such voluntary part-
nerships shall include the full and balanced partici-
pation of—
(A) representatives of business and indus-
try who have expertise in the area of workforce
skill requirements, including representatives of
large and small employers, recommended by na-
tional business organizations and trade associa-
tions representing employers in the occupation
or industry for which a standard is being devel-
oped, and representatives of trade associations
118
that have received demonstration grants from
the Department of Labor or the Department of
Education to establish skill standards prior to
the enactment of this title;
(B) employee representatives who have ex-
pertise in the area of workforce skill require-
ments and who shall be—
(i) individuals recommended by recog-
nized national labor organizations rep-
resenting employees in the occupation or
industry for which a standard is being de-
veloped; 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 ad-
ministrative control or direction over edu-
cation, vocational-technical education, or
employment and training;
119
(iv) other policy development organi-
zations 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, and
religious minorities, women, individuals
with disabilities, and older persons; and
(D) individuals with expertise in measure-
ment and assessment, including relevant experi-
ence in designing unbiased assessments and
performance-based assessments.
(3) EXPERTS.—The partnerships described in
paragraph (1) may also include such other individ-
uals who are independent, qualified experts in their
fields.
(c) RESEARCH, DISSEMINATION, AND COORDINA-
TION.—In order to support the development of a skill
standards system in accordance with subsection (d), the
National Board shall—
(1) conduct workforce research relating to skill
standards (including research relating to how to use
skill standards in compliance with civil rights laws)
and make such research available to the public, in-
cluding the partnerships described in subsection (b);
120
(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 identi-
fied pursuant to subsection (a), the voluntary part-
nerships recognized pursuant to subsection (b), and
among education and training providers through
such mechanisms as the Capacity Building and In-
formation and Dissemination Network established
under section 453(b) of the Job Training Partner-
ship Act;
(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 include structured work experiences and related
study programs leading to progressive levels of pro-
fessional and technical certification and postsecond-
ary education;
(6) provide appropriate technical assistance;
and
121
(7) facilitate coordination among voluntary
partnerships that meet the requirements of sub-
section (b) to promote the development of a coherent
national system of voluntary skill standards.
(d) ENDORSEMENT
OF SKILL STANDARDS SYS-
TEMS.—
(1) DEVELOPMENT
OF
ENDORSEMENT
CRI-
TERIA.—
(A) IN
GENERAL.—The National Board,
after extensive public consultation, shall develop
objective criteria for endorsing skills standards
systems relating to the occupational clusters
identified pursuant to subsection (a). Such cri-
teria shall, at a minimum, include the compo-
nents of a skill standards system described in
subparagraph (B). The endorsement criteria
shall be published in the Federal Register, and
updated as appropriate.
(B) COMPONENTS OF SYSTEM.—The com-
ponents of a skill standards systems shall in-
clude the following:
(i) Voluntary skill standards, which at
a minimum—
(I) meet or exceed, to the extent
practicable, the highest standards
122
used in other countries and the high-
est international standards;
(II) take into account content
and performance standards certified
pursuant to title II;
(III) take into account the re-
quirements of high performance work
organizations;
(IV) are in a form that allows for
regular updating to take into account
advances in technology or other devel-
opments within the occupational clus-
ter;
(V) are formulated in such a
manner that promotes the portability
of credentials and facilitates worker
mobility within an occupational clus-
ter or industry and among industries;
and
(VI) are not discriminatory with
respect to race, color, gender, age, re-
ligion, ethnicity, disability, or national
origin, consistent with Federal civil
rights laws.
123
(ii) A voluntary assessment system
and certification of the attainment of skill
standards developed pursuant to subpara-
graph (A), which at a minimum—
(I) takes into account, to the ex-
tent practicable, methods of assess-
ment and certification used in other
countries;
(II) utilizes a variety of evalua-
tion techniques, including, where ap-
propriate, oral and written evalua-
tions, portfolio assessments and per-
formance tests; and
(III) includes methods for estab-
lishing that the assessment and cer-
tification system is not discriminatory
with respect to race, color, gender,
age, religion, ethnicity, disability, or
national origin, consistent with Fed-
eral civil rights laws.
(iii) A system to promote the use of
and to disseminate information relating to
skill standards, and assessment and certifi-
cation systems developed pursuant to this
paragraph (including dissemination of in-
124
formation relating to civil rights laws rel-
evant to the use of such standards and sys-
tems) to entities such as institutions of
postsecondary education offering profes-
sional and technical education, labor orga-
nizations, trade associations, employers
providing formalized training and other or-
ganizations likely to benefit from such sys-
tems.
(iv) A system to evaluate the imple-
mentation of the skill standards, and as-
sessment and certification systems devel-
oped pursuant to this paragraph, and the
effectiveness of the information dissemi-
nated 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 pursu-
ant to this paragraph, which will take into
account changes in standards in other
countries.
125
(2) 
ENDORSEMENT.—The 
National 
Board,
after extensive public review and comment, shall en-
dorse those skill standards systems relating to the
occupational clusters identified pursuant to sub-
section (a) that—
(A) meet the objective endorsement criteria
that are developed pursuant to paragraph (1);
and
(B) are submitted by partnerships that
meet the representation requirements of sub-
section (b)(2).
(e) LIMITATIONS.—
(1) IN GENERAL.—(A) Except as provided in
subparagraph (B), the National Board shall not
carry out the requirements of subsection (b) or (d)
with respect to an occupation or trade within an in-
dustry for which national apprenticeship stand-
ards—
(i) have been jointly developed by labor
and management representatives,
(ii) are registered pursuant to the National
Apprenticeship Act,
(iii) are being actively used on a national
basis for training workers in such occupation or
trade,
126
(iv) are in a form that allows for regular
updating to take into account advances in tech-
nology, the highest standards used in other
countries, and the highest international stand-
ards, and
(v) are not discriminatory with respect to
race, color, gender, age, religion, ethnicity, dis-
ability, or national origin, consistent with Fed-
eral civil rights laws,
unless labor and management representatives of
such occupation or trade within such industry and
representatives of registered apprenticeship pro-
grams for such occupation or trade within such in-
dustry jointly request the assistance of the National
Board.
(B) Notwithstanding the provisions of subpara-
graph (A), the National Board may carry out the re-
quirements of subsections (b) and (d) with respect
to any occupational cluster if the skill standards sys-
tem to be developed or endorsed for such occupa-
tional cluster is not designed specifically for the par-
ticular occupation or trade within the particular in-
dustry for which apprenticeship standards meeting
the requirements of subparagraph (A) are applica-
ble.
127
(2) RELATIONSHIP WITH ANTIDISCRIMINATION
LAWS.—
(A) IN
GENERAL.—Nothing in this title
shall be construed to modify or affect any Fed-
eral or State law prohibiting discrimination on
the basis of race, religion, color, ethnicity, na-
tional origin, gender, age, or disability.
(B) EVIDENCE.—The endorsement or ab-
sence of an endorsement by the 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 skill
standard or assessment and certification system
conforms or does not conform to the require-
ments of civil rights laws.
(f) COORDINATION WITH EDUCATION STANDARDS.—
The National Board shall establish cooperative arrange-
ments with the National Education Standards and Im-
provement Council to promote the coordination of the de-
velopment of skill standards under this title with the devel-
opment of content and performance standards under title
II.
(g) FINANCIAL ASSISTANCE.—
(1) IN
GENERAL.—From funds appropriated
pursuant to section 406(a), the Secretary of Labor
128
may award grants (including grants to the voluntary
partnerships in accordance with paragraph (2)) and
enter into contracts and cooperative arrangements
that are requested by the National Board for the
purposes of carrying out this title.
(2) GRANT PROGRAMS FOR VOLUNTARY PART-
NERSHIPS.—
(A) ELIGIBILITY AND APPLICATION.—Vol-
untary partnerships that meet the requirements
of subsection (b) shall be eligible to apply for a
grant under this subsection. Each such vol-
untary partnership desiring a grant shall sub-
mit 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 applica-
tion submitted pursuant to subparagraph (A) in
accordance with the objective criteria published
pursuant to subparagraph (C) and shall for-
ward each such application to the Secretary of
Labor accompanied by a recommendation for
the approval or disapproval of each such appli-
cation by the Secretary.
129
(C) CRITERIA FOR REVIEW.—Prior to each
fiscal year, the National Board shall publish ob-
jective criteria to be used by the Board in re-
viewing applications under subparagraph (B).
(3) LIMITATION ON THE USE OF FUNDS.—
(A) IN GENERAL.—Not more than 20 per-
cent of the funds appropriated under section
406(a) for each fiscal year shall be used by the
National Board for the costs of administration.
(B) 
COSTS
OF
ADMINISTRATION
DE-
FINED.—For purposes of this paragraph, the
term ‘‘costs of administration’’ means costs re-
lating to staff, supplies, equipment, space, trav-
el and per diem, costs of conducting meetings
and conferences, and other related costs.
SEC. 404. DEADLINES.
Not later than December 31, 1996, the National
Board shall—
(1) identify occupational clusters pursuant to
section 403(a) representing a substantial portion of
the workforce; and
(2) promote the development of an initial set of
skill standards in accordance with section 403(d) for
such clusters.
130
SEC. 405. REPORTS.
The National Board shall submit to the President
and the Congress in each fiscal year a report on the activi-
ties conducted under this title, including the extent to
which skill standards have been adopted by employers,
training providers, and other entities and the effectiveness
of such standards in accomplishing the purposes described
in section 401.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated $15,000,000 for fiscal year 1994 and such sums
as may be necessary for each of the fiscal years 1995
through 1998 to carry out this title.
(b) AVAILABILITY.—Amounts appropriated pursuant
to subsection (a) shall remain available until expended.
SEC. 407. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) COMMUNITY-BASED
ORGANIZATIONS.—The
term ‘‘community-based organizations’’ means such
organizations as defined in section 4(5) of the Job
Training Partnership Act.
(2) EDUCATIONAL
INSTITUTION.—The term
‘‘educational institution’’ means a high school, a vo-
cational school, and an institution of higher edu-
cation.
131
(3) SKILL STANDARD.—The term ‘‘skill stand-
ard’’ means the level of knowledge and competence
required to successfully perform work-related func-
tions within an occupational cluster.
TITLE V—MISCELLANEOUS
SEC. 501. DEFINITIONS.
As used in this Act—
(1) the terms ‘‘all students’’ and ‘‘all children’’
mean students or children from a broad range of
backgrounds and circumstances, including disadvan-
taged students, students with diverse racial, ethnic,
and cultural backgrounds, American Indians, Alaska
Natives, Native Hawaiians, students with disabil-
ities, students with limited-English proficiency, mi-
grant children, school-aged children who have
dropped out, migrant children, and academically tal-
ented students;
(2) the term ‘‘assessment system’’ means meas-
ures of student performance which include at least
1 test, and may include other measures of student
performance, for a specific purpose and use which
are intended to evaluate the progress of all students
in the State toward learning the material in State
content standards in 1 or more subject areas;