§ 5933. — Establishment of National Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC5933]
TITLE 20--EDUCATION
CHAPTER 68--NATIONAL EDUCATION REFORM
SUBCHAPTER V--NATIONAL SKILL STANDARDS BOARD
Sec. 5933. Establishment of National Board
(a) In general
There is established a National Skill Standards Board (hereafter in
this subchapter referred to as the ``National Board'').
(b) Composition
(1) In general
The National Board shall be composed of 27 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) 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;
(E) eight members shall be representatives of organized
labor selected from among individuals recommended by recognized
national labor federations; and
(F)(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 (F) of paragraph (1) shall
have expertise in the area of education and training. The members
described in subparagraphs (D), (E), and (F) 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 (D), (E), and (F) of paragraph (1))
shall be appointed by the President.
(B) Six members (two from each class of members described in
subparagraphs (D), (E), and (F) 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 (D), (E), and (F) 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 (D), (E), and (F) 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 (D), (E), and (F) 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 (D), (E), and (F) 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 (D), (E), and (F) 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), and (C) of paragraph (1) shall be ex officio, nonvoting
members of the National Board.
(5) Term
Each member of the National Board appointed under subparagraph
(D), (E), or (F) 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 (D),
(E), and (F) 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 (D),
(E), and (F) 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
(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 (D) of subsection (b)(1) of this section) 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 representing a different class of the
classes of members described in subparagraphs (D), (E), and (F) of
subsection (b)(1) of this section and each of whom shall serve for a
term of 1 year) from among its members appointed under subsection
(b)(3) of this section.
(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, 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.
(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 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, the National Board is
authorized, in carrying out this subchapter, 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 subchapter. 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 subchapter for a period of 3
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.
(j) Termination
The National Board shall terminate on September 30, 1999.
(Pub. L. 103-227, title V, Sec. 503, Mar. 31, 1994, 108 Stat. 192; Pub.
L. 104-134, title I, Sec. 101(d) [title VII, Sec. 703(a)(17)], Apr. 26,
1996, 110 Stat. 1321-211, 1321-254; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.)
Amendments
1996--Subsec. (b)(1). Pub. L. 104-134, Sec. 101(d) [title VII,
Sec. 703(a)(17)(A)(i)(I)], substituted ``27'' for ``28'' in introductory
provisions.
Subsec. (b)(1)(D) to (G). Pub. L. 104-134, Sec. 101(d) [title VII,
Sec. 703(a)(17)(A)(i)(II), (III)], redesignated subpars. (E) to (G) as
(D) to (F), respectively, and struck out former subpar. (D) which read
as follows: ``one member shall be the Chairperson of the National
Education Standards and Improvement Council established pursuant to
section 5842(a) of this title;''.
Subsec. (b)(2). Pub. L. 104-134, Sec. 101(d) [title VII,
Sec. 703(a)(17)(A)(ii), (iii)], in introductory provisions, substituted
``subparagraph (F)'' for ``subparagraph (G)'' and ``subparagraphs (D),
(E), and (F)'' for ``subparagraphs (E), (F), and (G)''.
Subsec. (b)(3). Pub. L. 104-134, Sec. 101(d) [title VII,
Sec. 703(a)(17)(A)(ii)], substituted ``subparagraphs (D), (E), and (F)''
for ``subparagraphs (E), (F), and (G)'' wherever appearing.
Subsec. (b)(4). Pub. L. 104-134, Sec. 101(d) [title VII,
Sec. 703(a)(17)(A)(iv)], substituted ``and (C)'' for ``(C), and (D)''.
Subsec. (b)(5). Pub. L. 104-134, Sec. 101(d) [title VII,
Sec. 703(a)(17)(A)(ii), (v)], substituted ``subparagraph (D), (E), or
(F)'' for ``subparagraph (E), (F), or (G)'' in introductory provisions
and ``subparagraphs (D), (E), and (F)'' for ``subparagraphs (E), (F),
and (G)'' in introductory provisions of subpars. (A) and (B).
Subsec. (c)(1)(B), (2). Pub. L. 104-134, Sec. 101(d) [title VII,
Sec. 703(a)(17)(B)], which directed that subsec. (e) of this section be
amended by substituting ``subparagraph (D)'' for ``subparagraph (E)'' in
par. (1)(B) and ``subparagraphs (D), (E), and (F)'' for ``subparagraphs
(E), (F), and (G)'' in par. (2), was executed by making the amendment in
subsec. (c) of this section to reflect the probable intent of Congress,
because the language being struck out did not appear in subsec. (e).
