There is established a National Skill Standards Board (hereafter in this subchapter referred to as the “National Board”).
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.
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.
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.
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.
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).
Any vacancy in the National Board shall not affect its powers, but shall be filled in the same manner as the original appointment.
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.
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.
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.
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.
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.
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.
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.
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.
Notwithstanding section 1342 of title 31, the National Board is authorized, in carrying out this subchapter, to accept voluntary and uncompensated services.
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.
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.
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.
The Chairperson of the National Board may procure temporary and intermittent services of experts and consultants under section 3109(b) of title 5.
The National Board shall terminate on September 30, 1999.
(Pub. L. 103–227, title V, §503, Mar. 31, 1994, 108 Stat. 192; Pub. L. 104–134, title I, §101(d) [title VII, §703(a)(17)], Apr. 26, 1996, 110 Stat. 1321–211, 1321–254; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.)
1996—Subsec. (b)(1). Pub. L. 104–134, §101(d) [title VII, §703(a)(17)(A)(i)(I)], substituted “27” for “28” in introductory provisions.
Subsec. (b)(1)(D) to (G). Pub. L. 104–134, §101(d) [title VII, §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, §101(d) [title VII, §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, §101(d) [title VII, §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, §101(d) [title VII, §703(a)(17)(A)(iv)], substituted “and (C)” for “(C), and (D)”.
Subsec. (b)(5). Pub. L. 104–134, §101(d) [title VII, §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, §101(d) [title VII, §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).