Page:United States Statutes at Large Volume 114 Part 3.djvu/737

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PUBLIC LAW 106-419—NOV. 1, 2000 114 STAT. 1835 time monthly institutional rate of the educational assistance allowance which, except for paragraph (1), such individual would otherwise be paid under this chapter. "(3) In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual's available entitlement under this chapter.". (c) REQUIREMENTS FOR LICENSING AND CREDENTIALING TESTING. —(1) Chapter 36 is amended by inserting after section 3688 the following new section: "§3689. Approval requirements for licensing and certification testing "(a) IN GENERAL.—(1) No payment may be made for a licensing or certification test described in section 3452(b) or 3501(a)(5) of this title unless the Secretary determines that the requirements of this section have been met with respect to such test and the organization or entity offering the test. The requirements of approval for tests and organizations or entities offering tests shall be in accordance with the provisions of this chapter and chapters 30, 32, 34, and 35 of this title and with regulations prescribed by the Secretary to carry out this section. "(2) To the extent that the Secretary determines practicable. State approving agencies may, in lieu of the Secretary, approve licensing and certification tests, and organizations and entities offering such tests, under this section. " (b) REQUIREMENTS FOR TESTS. —(1) Subject to paragraph (2), a licensing or certification test is approved for purposes of this section only if— "(A) the test is required under Federal, State, or local law or regulation for an individual to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession; or "(B) the Secretary determines that the test is generally accepted, in accordance with relevant government, business, or industry standards, employment policies, or hiring practices, as attesting to a level of knowledge or skill required to qualify to enter into, maintain, or advance in emplo3mient in a predetermined and identified vocation or profession. "(2) A licensing or certification test offered by a State, or a political subdivision of a State, is deemed approved by the Secretary for purposes of this section. "(c) REQUIREMENTS FOR ORGANIZATIONS OR ENTITIES OFFERING TESTS. —(1) Each organization or entity that is not an entity of the United States, a State, or political subdivision of a State, that offers a licensing or certification test for which payment may be made under chapter 30, 32, 34, or 35 of this title and that meets the following requirements, shall be approved by the Secretary to offer such test: "(A) The organization or entity certifies to the Secretary that the licensing or certification test offered by the organization or entity is generally accepted, in accordance with relevant government, business, or industry standards, employment policies, or hiring practices, as attesting to a level of knowledge or skill required to qualify to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession. 7&-194O-00 -24:QL3Part3