As part of the overall I.C.E. mission, the I.C.E. Government Affairs committee has been hard at work monitoring a variety of issues at the federal and state level related to credentialing and advocating for best practices for certification and certificate programs.
Use the resources below to stay up-to-date with discussions and issues at the federal and state level related to credentialing. I.C.E. will be adding a function to this page soon that will allow you to submit issues you are following that might be of interest to other I.C.E. member organizations. In the meantime, please email I.C.E. with federal, state or regulatory issues you are currently following (email@example.com).
What's Happening in the World of Government Affairs?
Review updates and highlights from the I.C.E. Government Affairs Committee.
A Win for Certification and Recertification
The 3rd Circuit Court upheld the lower court’s decision in the Kenny v. ABIM case and dismissed the claims of anti-trust tying arrangements between certification and recertification. This is a huge win for the credentialing community because it demonstrates that certification bodies can act independently in setting standards for their profession and design recertification programs as warranted. It demonstrates that offering initial certification with recertification requirements does not demonstrate anti-trust activities. I.C.E., ASAE and the PCC jointly submitted an amicus brief in this case using research from I.C.E. on recertification practices.
Kenney vs. ABIM Case Decision
UPDATED: Copyright Issues
Copyright Office Secure Test Definition
I.C.E. submitted comments to the U.S. Copyright Office related to the June 1, 2023 rulemaking announcement that would permanently instate the May 8, 2020 definition of secure tests. Read comments here. Contact Denise Roosendaal at firstname.lastname@example.org with any questions or comments.
In February 2021, the U.S. Copyright Office announced the allowance of applications for certification tests administered remotely. It is considering an expansion of the definition of “secure tests” to include both exams offered at test centers as well as tests that were offered via remote proctoring during the pandemic. This proposed definition does include test that have always been administered remotely or tests that were offered normally in a test center prior to May 8, 2020 but shifted to remote offerings.
A test otherwise meeting the requirements of this paragraph shall be considered a secure test if it was normally administered at specified centers prior to May 8, 2020, but is now being administered online, provided the test administrator employs measures to maintain the security and integrity of the test that it reasonably determines to be substantially equivalent to the security and integrity provided by in-person proctors.
This proposed definition also does NOT include tests that began administration (remotely or test centers) after May 8, 2020.
The Professional Certification Coalition (PCC) will be submitting comments on behalf of the PCC members.
If your organization wishes to submit comments, you can do so before July 3. More information is available on the topic on the government copyright office webpage.
Copyright Office Rulemaking
On May 8, 2020, the federal Copyright Office published an interim rule for comment which included a new definition for “secure test.”
The new, proposed definition is as follows:
A non-marketed test administered under supervision at specified centers where test takers are assembled on scheduled dates, and where all copies of the test are accounted for and either destroyed or returned to restricted locked storage following each administration.
I.C.E. Government Affairs Committee and the Professional Certification Coalition are following this issue as well and will issue additional guidance specifically for certification organizations, if necessary. For more information or to comment, go to the Copyright Office website: https://www.copyright.gov/rulemaking/securetests/
I.C.E. member Joshua Aldort, McAndrews Held & Malloy, Ltd., kindly wrote this brief update on the issue.
Criminal Justice Reform Act Research Project
Criminal Justice Reform acts have been gaining in popularity over the past year with federal legislation passing with bipartisan support in December 2018 and many states enacted similar legislation. So far, the approach has been to address the issue with measures to limit the state from using criminal convictions as a means to reject a licensure application from an ex-offender. While not yet a reality, there is growing concern that the state could eventually extend those restrictions to private certification bodies. This study would prepare ICE and its members to have informed conversations about this topic by being armed with evidence on how certification bodies are (or aren’t) currently using consideration of criminal convictions in the application process for certificants. This evidence might include: 1) descriptions of the variety of policy approaches used when considering criminal conviction (blanket prohibition for specific, profession-related convictions; case-by-case consideration; etc.) 2) the number of rejections of a certification (or recertification) application based on criminal convictions 3) legal precedent being used for crafting policies 4) practices for disclosing criminal conviction before application or while certified.
I.C.E. is developing a new task force to enhance our understanding of Criminal Justice Reform in order to speak authoritatively on the topic. If you are interested in joining this task force, please contact email@example.com.
White House Licensing Report
"This report outlines the growth of licensing over the past several decades, its costs and benefits, and its impacts on workers and work arrangements. The report recommends several best practices to ensure that licensing protects consumers without placing unnecessary restrictions on employment, innovation, or access to important goods and services." -Occupational Licensing: A Framework for Policymakers
The Occupational Licensing: A Framework for Policymakers report was prepared by the Department of the Treasury Office of Economic Policy, the Council of Economic Advisers, and the Department of Labor.
Download the Occupational Licensing: A Framework for Policymakers report.
Service Members/Veterans Activities
I.C.E. is monitoring a variety of initiatives to assist military service members and veterans with credentialing issues. Through communication with the American Legion and other veterans organizations, I.C.E. is monitoring all activities including:
American Legion State of Credentialing Service Members and Veterans Report: The Executive Summary for the report was released in conjunction with the credentialing round table the Legion held last February. The Legion has been a tremendous supporter of facilitating credentialing for our Nation’s heroes for over 20 years now and this report demonstrates their continued commitment to the important issue.
National Defense Authorization Act (NDAA 2016): The National Defense Appropriations Act approved for FY 2016 contains a specific, new provision on the subject of certification accreditation entitled, "Quality Assurance of Certification Programs and Standards for Professional Credentials Obtained by Members of the Armed Forces" which could impact certification bodies which applicability to the military/veterans. Excerpt
Career-Ready Student Veterans Act of 2015. S.1938 (House Companion Bill HR 2360): This bill adds the following new criteria for state approval, for the Department of Veterans Affairs (VA) educational assistance, of applications of educational institutions providing veterans with non-accredited courses:
- Any program designed to prepare an individual for state licensure or certification must meet state instructional curriculum licensure or certification requirements, and
- Any program designed to prepare an individual for employment pursuant to standards developed by a state board or agency in an occupation requiring approval or licensure must be approved or licensed by that state board or agency
The Power of A
I.C.E. is a proud ambassador of The Power of A campaign. The Power of A campaign is ASAE’s advocacy platform to inform and educate legislators and the public about the association community's role in building a stronger America and world. Fore more information, click here.