§3689 Approval Requirements for Licensing and Certification Testing

Summary

Federal payments for licensing or certification tests named in sections 3452(b) or 3501(a)(5) can only be made if the test is approved under section 3672(b)(2)(B) or if the Secretary finds the test and the organization offering it meet the rules here and in chapters 30, 32, 33, 34, and 35 of this title and any regulations the Secretary issues. State approving agencies can approve tests and test providers instead of the Secretary when the Secretary thinks that is practical. A test is approved only if it is required by a federal, state, or local law or rule for entering, keeping, or advancing in a specific job, or if the Secretary finds the test is generally accepted by government, business, or industry as showing the needed knowledge or skills. Tests given by a State or its political subdivisions are automatically approved. Non-government test providers must be approved by the Secretary and meet conditions, including: certifying the test is generally accepted; being licensed or incorporated in a State and having offered the test or a similar one for at least two years before applying; using experts for the tested subject areas; having no direct financial stake in test results or in training providers; keeping candidate records for at least three years; quickly giving test results and handling complaints; and giving the Secretary required information about candidates, fees, results, the test purpose, who recognizes it, eligibility rules, fees, and how long the credential lasts and how to renew it. Federal, State, or local government entities that offer tests must meet the recordkeeping, results/complaint, information, and description rules. Record reporting requirement (G) does not apply to foreign educational institutions. For payment rules, such tests count as “courses” and the test providers count as “institutions” under sections 3671, 3673, 3674, 3678, 3679, 3681, 3682, 3683, 3685, 3690, and 3696. The law also creates the Professional Certification and Licensure Advisory Committee to advise the Secretary. The Secretary appoints seven expert members, the Secretaries of Labor and Defense serve as ex officio members, the Secretary appoints the chair, vacancies are filled the same way as original appointments, the chair calls meetings, and the Committee ends on December 31, 2006.