§ 5934. — Functions 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: 20USC5934]
TITLE 20--EDUCATION
CHAPTER 68--NATIONAL EDUCATION REFORM
SUBCHAPTER V--NATIONAL SKILL STANDARDS BOARD
Sec. 5934. Functions of 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 development 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) of this section, the National Board shall encourage
and facilitate the establishment of voluntary partnerships to
develop a skill standards system in accordance with subsection (d)
of this section.
(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 March 31,
1994;
(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) of this section, 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) of this section;
(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) of this section, the voluntary
partnerships described in subsection (b) of this section, and among
education and training providers through such mechanisms as 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) of this section, 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) of this section; and
(7) facilitate coordination among voluntary partnerships that
meet the requirements of subsection (b) of this section 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
subsection (a) of this section. 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 subchapter II of this
chapter;
(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, religion,
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.
(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) of this section
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) of this section.
(e) Relationship with civil rights laws
(1) In general
Nothing in this subchapter 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) of this section 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) Financial assistance
(1) In general
From funds appropriated pursuant to section 5937 of this title--
(A) the National Board may enter into contracts and
cooperative agreements to carry out the purposes of this
subchapter; 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) of this section.
(2) Grants to voluntary partnerships
(A) Eligibility and application
Voluntary partnerships that meet the requirements of
subsection (b) of this section 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 section 5937(a) of this title 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.
(Pub. L. 103-227, title V, Sec. 504, Mar. 31, 1994, 108 Stat. 195; Pub.
L. 104-134, title I, Sec. 101(d) [title VII, Sec. 703(a)(18)], 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; Pub. L. 105-277, div. A,
Sec. 101(f) [title VIII, Sec. 405(d)(17)(A)], Oct. 21, 1998, 112 Stat.
2681-337, 2681-422.)
References in Text
Act of August 16, 1937, known as the National Apprenticeship Act,
referred to in subsec. (d)(1)(B)(i)(II), is act Aug. 16, 1937, ch. 663,
50 Stat. 664, as amended, which is classified generally to chapter 4C
(Sec. 50 et seq.) of Title 29, Labor. For complete classification of
this Act to the Code, see Short Title note set out under section 50 of
Title 29 and Tables.
Subchapter II of this chapter, referred to in subsec.
(d)(1)(B)(i)(III), was in the original ``title II'', meaning title II of
Pub. L. 103-227, Mar. 31, 1994, 108 Stat. 133, which enacted subchapter
II of this chapter and section 3425 of this title, amended section 5093
of this title and section 5315 of Title 5, Government Organization and
Employees, and enacted provisions set out as a note under section 5093
of this title.
Federal civil rights laws, referred to in subsec. (d)(1)(B)(i)(VII),
(ii)(III), are classified generally to chapter 21 (Sec. 1981 et seq.) of
Title 42, The Public Health and Welfare.
Amendments
1998--Subsec. (c)(3). Pub. L. 105-277 struck out ``the Capacity
Building and Information and Dissemination Network established under
section 1733(b) of title 29 and'' after ``such mechanisms as''.
1996--Subsecs. (f), (g). Pub. L. 104-134 redesignated subsec. (g) as
(f) and struck out heading and text of former subsec. (f). Text read as
follows: ``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 5843 of this title.''
Section Referred to in Other Sections
This section is referred to in section 5935 of this title.
