§3689 Approval Requirements for Licensing and Certification Testing

Summary

Payment for a licensing or certification test (for which payment may be made under chapters 30, 32, 33, 34, or 35 of title 38) is allowed only if the test and the organization giving it are approved by the Secretary, or the test is already treated as approved under section 3672(b)(2)(B). The Secretary’s approval rules must follow this chapter, the listed chapters, and regulations the Secretary creates. State approving agencies may approve tests and test providers instead of the Secretary when practical. A test is approved only if it is required by law or it is generally accepted as showing the skills needed for a named job or profession. Tests given by a State or its local governments are automatically approved. Non‑government groups that offer approved tests must meet several rules. They must say the test is generally accepted, be licensed or incorporated in a State and have offered the same or a similar test for at least two years before applying, use experts for test content, have no direct financial stake in test results or in training providers, keep candidate records at least three years, tell candidates their results quickly, have a complaint review process, and give the Secretary required information (including personal IDs, fees, and results) in the form the Secretary asks for. They must also describe the test, who recognizes it, fees and prerequisites, and how long the license or certificate lasts and how to renew it. For federal, State, or local government test providers, only the rules about records, results/complaints, giving required information, and describing the test apply. The rule about giving personal identifying information does not apply to foreign educational institutions. For certain other parts of the law, an approved test counts as a “course” and the test provider counts as an “institution” under sections 3671, 3673, 3674, 3678, 3679, 3681, 3682, 3683, 3685, 3690, and 3696. The Professional Certification and Licensure Advisory Committee is created to advise the Secretary about these requirements and related issues. The Secretary appoints seven experts to the Committee, and the Secretaries of Labor and Defense serve as ex officio members. The Secretary names the chairman, fills any vacancies the same way the original members were chosen, and calls meetings. The Committee ends on December 31, 2006.