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(1) provide technical assistance to States and
local educational agencies developing or implement-
ing school improvement plans, in a manner that en-
sures that each such State has access to such assist-
ance;
(2) gather data on, conduct research on, and
evaluate systemic education improvement, including
the programs authorized by this title; and
(3) disseminate research findings and other in-
formation on systemic education improvement.
(b) RESERVATION OF FUNDS.—The Secretary shall
use at least 50 per centum of the funds reserved each year
under section 304(a)(2)(A) to make grants, consistent
with those provisions of section 309(a) that the Secretary
finds appropriate, to urban and rural local educational
agencies with large numbers or concentrations of students
who are economically disadvantaged or who have limited
English proficiency, to assist those agencies develop and
implement local school improvement plans.
ASSISTANCE TO THE OUTLYING AREAS AND TO THE
SECRETARY OF THE INTERIOR
SEC. 313. (a) OUTLYING AREAS.—(1) Funds re-
served for the outlying areas under section 304(a)(1)(A)
shall be made available to, and expended by, such areas,
under such conditions and in such manner as the Sec-
retary determines will best meet the purposes of this title.
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(2) The provisions of Public Law 95–134, per-
mitting the consolidation of grants to the insular
areas, shall not apply to funds received by such
areas under this title.
(b) SECRETARY OF THE INTERIOR.—The funds re-
served by the Secretary for the Secretary of the Interior
under section 304(a)(1)(B) shall be made available to the
Secretary of the Interior pursuant to an agreement be-
tween the Secretary and the Secretary of the Interior con-
taining such terms and assurances, consistent with this
title, as the Secretary determines will best achieve the pur-
pose of this title.
(c) SECRETARY OF DEFENSE.—The Secretary shall
consult with the Secretary of Defense to ensure that, to
the extent practicable, the purposes of this title are applied
to the Department of Defense schools.
TITLE IV—NATIONAL SKILL STANDARDS
BOARD
PURPOSE
SEC. 401. It is the purpose of this title to stimulate
the development and adoption of a voluntary national sys-
tem of skill standards and certification to serve as a cor-
nerstone of the national strategy to enhance workforce
skills, and that can be used—
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(1) by the Nation, to ensure the development of
a high skills, high quality, high performance
workforce, including the most skilled front-line
workforce in the world, and that will result in in-
creased productivity, economic growth and American
economic competitiveness;
(2) by industries, as a vehicle for informing
training providers and prospective employees of
skills necessary for employment;
(3) by employers, to assist in evaluating the
skill levels of prospective employees and to assist in
the training of current employees;
(4) by labor organizations, to enhance the em-
ployment security of workers by providing portable
credentials and skills;
(5) by workers, to obtain certifications of their
skills to protect against dislocation, to pursue career
advancement, and to enhance their ability to reenter
the workforce;
(6) by students and entry level workers, to de-
termine the skill levels and competencies needed to
be obtained in order to compete effectively for high
wage jobs;
(7) by training providers and educators, to de-
termine appropriate training services to offer;
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(8) by Government, to protect the integrity of
public expenditures by ensuring that publicly-funded,
employment-related training meets industry stand-
ards where they exist; and
(9) to facilitate linkages between other compo-
nents of the workforce investment strategy, includ-
ing school-to-work transition and job training pro-
grams.
ESTABLISHMENT OF NATIONAL BOARD
SEC. 402. (a) IN GENERAL.—There is established a
National Skill Standards Board (hereafter referred to in
this title as the ‘‘National Board’’).
(b) COMPOSITION.—
(1) IN GENERAL.—The National Board shall be
composed of 28 members, appointed in accordance
with paragraph (2), 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 Im-
provement Council established pursuant to title
II of this Act;
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(E) eight members shall be representatives
of business and industry selected from among
individuals recommended by business organiza-
tions and trade associations;
(F) eight members shall be representatives
of organized labor selected from among individ-
uals recommended by recognized national labor
federations; and
(G) eight members shall be representatives
of educational institutions, technical associa-
tions, community-based organizations and State
governments who have expertise in the area of
education and training and who have expertise
that reflects a broad cross-section of occupa-
tions and industries.
(2) 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 ap-
pointed 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,
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upon the recommendations of the Majority and
Minority Leaders of the House, respectively.
(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, upon
the recommendations of the Majority and Mi-
nority Leaders of the Senate, respectively.
(3) TERM.—Each member of the National
Board appointed under subparagraphs (E), (F), and
(G) of paragraph (1) shall be appointed for a term
of four years, except that of the initial members of
the Board appointed under such paragraph, twelve
members shall be appointed for a term of three
years (four from each class of members described in
subparagraphs (E), (F), and (G) of paragraph (1),
of whom two from each class shall be appointed in
accordance with paragraph (2)(A), one from each
class shall be appointed in accordance with para-
graph (2)(B), and one from each class shall be ap-
pointed in accordance with paragraph (2)(C)), and
twelve members shall be appointed for a term of
four years (four from each class of members de-
scribed in subparagraphs (E), (F), and (G) of para-
graph (1), of whom two from each class shall be ap-
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pointed in accordance with paragraph (2)(A), one
from each class shall be appointed in accordance
with paragraph (2)(B), and one from each class
shall be appointed in accordance with paragraph
(2)(C)).
(c) CHAIRPERSON AND VICE CHAIRPERSONS.—
(1) CHAIRPERSON.—The Chairperson of the
National Board shall be elected biennially from
among the members of the National Board by a ma-
jority vote of such members.
(2) VICE CHAIRPERSONS.—The National Board
shall annually elect three Vice Chairpersons (each
representing a different one of the classes of mem-
bers described in subparagraphs (E), (F), and (G)
of paragraph (1)) from among its members ap-
pointed under paragraph (2), each of whom shall
serve for a term of one year.
(d) COMPENSATION AND EXPENSES.—
(1) COMPENSATION.—Members of the National
Board who are not regular full-time employees of the
United States Government shall serve without com-
pensation.
(2) EXPENSES.—While away from their homes
or regular places of business on the business of the
National Board, members of such Board shall re-
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ceive payment for necessary travel expenses in ac-
cordance with subchapter I of chapter 57, title 5,
United States Code.
(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 may appoint
such staff as is necessary in accordance with title 5, Unit-
ed States Code.
(f) GIFTS.—The National Board is authorized, in
carrying out this title, to accept, purchase, or lease, and
employ or dispose of in furtherance of the purposes of this
title, any money or property, real, personal, or mixed, tan-
gible or intangible, received by gift, devise, bequest, or oth-
erwise, and to accept voluntary and uncompensated serv-
ices notwithstanding the provisions of section 1342 of title
31, United States Code.
(g) 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.
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(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.
FUNCTIONS OF THE NATIONAL BOARD
SEC. 403. (a) IDENTIFICATION OF OCCUPATIONS.—
The National Board shall identify broad clusters of major
occupations that involve one or more than one industry
in the United States.
(b) DEVELOPMENT OF SKILL STANDARDS.—With re-
spect to each broadly based occupational cluster identified
pursuant to subsection (a), the National Board shall en-
courage, promote, and assist in the voluntary development
and adoption by the groups described in subsection (c)
of—
(1) skill standards, which at a minimum—
(A) take into account, to the extent prac-
ticable, standards used in other countries and
international standards;
(B) take into account content and perform-
ance standards certified pursuant to title II of
this Act;
(C) take into account the requirements of
high performance work organizations;
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(D) are in a form that allows for regular
updating to take into account advances in tech-
nology or other developments within the occupa-
tional cluster;
(E) are formulated in such a manner that
the attainment of such standards is likely to
meet the requirements for transferable credit
and enable a student, trainee, or employee to
continue education and training, with a special
emphasis on transferability among firms and
labor markets; and
(F) are not discriminatory with respect to
race, gender, age, ethnicity, disability or na-
tional origin;
(2) a system of assessment and certification of
the attainment of skill standards developed pursuant
to paragraph (1), which at a minimum shall—
(A) take into account, to the extent prac-
ticable, methods of assessment and certification
used in other countries;
(B) utilize a variety of evaluation tech-
niques, such as oral and written evaluations,
portfolio assessments and, where appropriate,
performance tests;
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(C) include methods for validating the fair-
ness and effectiveness of the assessment and
certification system; and
(D) utilize certification techniques that are
designed to avoid disparate impacts (which, for
the the purposes of this subparagraph, means
substantially different rates of certification)
against individuals based on race, gender, age,
ethnicity, disability or national origin;
(3) a system to evaluate the implementation of
the skill standards, and assessment and certification
systems developed pursuant to this subsection;
(4) a system to promote the use of and dissemi-
nate information relating to skill standards, and as-
sessment and certification systems developed pursu-
ant to this subsection; and
(5) a system to periodically revise and update
the skill standards, and assessment and certification
systems developed pursuant to this subsection, which
will take into account changes in standards in other
countries.
(c) PARTICIPATION OF REPRESENTATIVES.—(1) In
order to carry out subsection (b), the National Board shall
invite and obtain the full and balanced participation of—