,,ii #aadth ,,congress #b;d ,session ,s4 #caeh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ab1 #bjaf ,mr4 ,lee 7for himself and ,mr4 ,sasse7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to promote economic opportunity for military families1 to facilitate workforce attachment for military spouses in their chosen occupation across multiple geographical postings1 to reduce barriers to work on military installations1 to amend the ,district of ,columbia ,code to promote greater freedom in the practice of regulated occupations1 to combat abuse of occupational licensing laws by economic incumbents1 to promote competition1 encourage innovation1 protect consumers1 and promote compliance with ,federal antitrust law1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,alternatives to ,licensing that ,lower ,obstacles to ,work ,act of #bjaf or the ,,allow ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,military installations ,sec4 #aja4 ,endorsement of occupational licenses and certifications issued by ,states for purposes of activities on military installations4 ,,title ,,ii--,district of ,columbia occupational licensing reform ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,statement of findings and purpose4 ,sec4 #bjc4 ,definitions4 ,sec4 #bjd4 ,policy regarding occupational licensure4 ,sec4 #bje4 ,office of ,supervision of ,occupational ,boards4 ,sec4 #bjf4 ,periodic analysis of occupational regulations4 ,sec4 #bjg4 ,freedom to engage in an occupation4 ,sec4 #bjh4 ,affirmative defense4 ,,title ,,iii--,tour guide services in national military parks1 national battlefields1 national battlefield parks1 national battlefield sites1 and the ,national ,mall and ,memorial ,parks ,sec4 #cja4 ,tour guide services4 ,i ,military installations #aja4 ,endorsement of occupational licenses and certifications issued by ,states for purposes of activities on military installations 7a7 ,in general ,for the purpose of establishing an individual's authorization to engage in an occupation on a military installation located on land owned by the ,federal ,government1 the ,federal ,government endorses occupational licenses and certifications granted by any ,state1 regardless of whether the military installation is located in the issuing ,state1 provided that-- 7#a7 the license or certification is not expired1 revoked1 or suspended by the issuing ,state2 and 7#b7 there are no outstanding enforcement actions against the individual brought by the licensing board or certifying authority for that occupation in the issuing ,state4 7b7 ,scope of practice ,an individual relying on subsection 7a7 for authorization to engage in an occupation is authorized to sell the same goods and services as are covered by the occupational license or certification in the issuing ,state4 7c7 ,state defined ,in this section1 the term ,state includes the ,district of ,columbia4 ,,ii ,district of ,columbia occupational licensing reform #bja4 ,short title ,this title may be cited as the ,district of ,columbia ,occupational ,licensing ,reform ,act4 #bjb4 ,statement of findings and purpose ,congress finds the following3 7#a7 ,the prevalence of occupational licensing has increased dramatically in recent decades1 in part because private interests have sought licensing in order to limit competition4 7#b7 ,occupational licensing often limits opportunities for workers1 frustrates entrepreneurs seeking to introduce new business models1 and raises prices paid by consumers4 7#c7 ,licensing should be imposed only to combat real1 substantial threats to public health or safety and only where other less restrictive regulatory alternatives are insufficient to protect consumers and serve the public interest4 7#d7 ,regulators should consider a range of less restrictive alternatives before enacting an occupational licensing regime1 which may include inspections1 bonding or insurance requirements1 registration1 and voluntary certification4 7#e7 ,voluntary certification provides a particularly significant alternative to licensure1 as it allows market participants to signal to consumers the attainment of personal qualifications without limiting entry into the marketplace4 7#f7 ,the failure of ,state governments to adopt less restrictive alternatives to licensing has resulted in significant costs to consumers and the broader economy4 7#g7 ,by appropriately limiting occupational licensing in the ,district of ,columbia1 ,congress intends to promote economic opportunity in the ,district4 7#h7 ,by promoting economic opportunity in the ,district of ,columbia through the reform of occupational regulations1 ,congress intends to provide a basic reform model that the ,states may follow4 #bjc4 ,definitions 7a7 ,in general ,in this title3 7#a7 ,attorney general ,the term ,attorney ,general means the ,attorney ,general for the ,district of ,columbia4 7#b7 ,certification ,the term certification means a voluntary program under which-- 7,a7 a private organization or the government grants nontransferable recognition to an individual who meets personal qualifications established by the private organization or the government2 7,b7 upon approval1 an individual described in subparagraph 7,a7 may use certified as a designated title2 and 7,c7 a noncertified individual may perform the lawful occupation for compensation but may not use the title certified4 7#c7 ,council ,the term ,council means the ,council of the ,district of ,columbia4 7#d7 ,covered board ,the term covered board means an occupational licensing board in the ,district of ,columbia4 7#e7 ,lawful occupation ,the term lawful occupation means a course of conduct1 pursuit1 or profession that includes the sale of goods or services that are not illegal to sell regardless of whether the individual selling the goods or services is subject to an occupational regulation4 7#f7 ,least restrictive regulation ,the term least restrictive regulation means1 from least to most restrictive-- 7,a7 market competition2 7,b7 industry or consumer-created ratings and reviews2 7,c7 private certification2 7,d7 a specific private civil cause of action to remedy consumer harm2 7,e7 a deceptive trade practice act2 7,f7 a regulation of the process of providing the specific goods or services to consumers2 7,g7 inspection2 7,h7 bonding or insurance2 7,i7 registration2 7,j7 government certification2 7,k7 specialty occupational license for medical reimbursement2 and 7,l7 occupational license4 7#g7 ,occupational license ,the term occupational license means a nontransferable authorization under law for an individual to perform a lawful occupation for compensation based on meeting personal qualifications established by the ,district of ,columbia government4 7#h7 ,specialty occupational license for medical reimbursement ,the term specialty occupational license for medical reimbursement means a nontransferable authorization in law for an individual to provide identified medical services and qualify for payment or reimbursement from a government agency based on meeting personal qualifications established by the government4 7#i7 ,occupational regulation ,the term occupational regulation-- 7,a7 means a statute1 rule1 practice1 policy1 or other law requiring an individual to possess certain personal qualifications to use an occupational title or work in a lawful occupation2 7,b7 includes a regulation requiring registration1 certification1 or an occupational license2 and 7,c7 does not include a business license1 facility license1 building permit1 or zoning and land use regulation except to the extent that such a law regulates an individual's personal qualifications to perform a lawful occupation4 7#aj7 ,personal qualifications ,the term personal qualifications means criteria related to an individual's personal background and characteristics1 including completion of an approved educational program1 satisfactory performance on an examination1 work experience1 other evidence of attainment of requisite skills or knowledge1 moral standing1 criminal history1 and completion of continuing education4 7#aa7 ,registration 7,a7 ,in general ,the term registration means a requirement that an individual give notice to the ,district of ,columbia government that-- 7i7 may include-- 7,i7 the individual's name and address2 7,,ii7 the individual's agent for service of process2 7,,iii7 the location of the activity to be performed2 and 7,,iv7 a description of the service the individual provides2 7ii7 does not include personal qualifications2 and 7iii7 may require a bond or insurance4 7,b7 ,use of title 7i7 ,registered individuals ,upon the receipt of notice described in subparagraph 7,a7 by the ,district of ,columbia government from an individual1 the individual may use registered as a designated title4 7ii7 ,nonregistered individuals ,a nonregistered individual may not perform the occupation for compensation or use registered as a designated title4 7#ab7 ,superior court ,the term ,superior ,court means the ,superior ,court of the ,district of ,columbia4 7b7 ,rules relating to use and construction of terms 7#a7 ,certification and registration ,as used in this title1 the terms certification and registration shall not be construed to be synonymous with the term occupational license1 notwithstanding their use in other provisions of the law of the ,district of ,columbia4 7#b7 ,relation to other provisions of law ,the use of the terms certification1 certified1 registration1 and registered in other provisions of the law of the ,district of ,columbia to mean an individual is required to meet certain personal qualifications to work legally shall be construed for the purposes of this title as requiring an individual to meet the requirements of an occupational license4 #bjd4 ,policy regarding occupational licensure ,it is the policy of the ,district of ,columbia that-- 7#a7 occupational licensing laws should be construed and applied to increase economic opportunity1 promote competition1 and encourage innovation2 7#b7 regulators should displace competition through occupational licensing only where less restrictive regulation will not suffice to protect consumers from present1 significant1 and substantiated harms that threaten public health1 safety1 or welfare2 and 7#c7 an occupational licensing restriction should be enforced against an individual only to the extent the individual sells goods and services that are included explicitly in the statute or ,municipal ,regulation that defines the occupation's scope of practice4 #bje4 ,office of ,supervision of ,occupational ,boards 7a7 ,establishment 7#a7 ,in general ,there shall be established an ,office of ,supervision of ,occupational ,boards 7referred to in this section as the ,office7 in-- 7,a7 the office of the ,attorney ,general2 or 7,b7 another appropriate agency of the ,district of ,columbia government4 7#b7 ,rule of construction ,for the purposes of this title1 if individual ,offices are established within multiple agencies1 the term ,office shall be construed to refer to both the singular and the plural4 7b7 ,active supervision 7#a7 ,in general ,the ,office shall be responsible for exercising active supervision over each covered board to ensure compliance with the policies under section #bjd4 7#b7 ,duties ,in exercising active supervision over covered boards under paragraph 7#a71 the ,office shall independently-- 7,a7 play a substantial role in the development of a board's rules and policies to ensure they benefit consumers and do not serve the private interests of providers of goods and services regulated by the board2 7,b7 disapprove the use of any board rule or policy and terminate any enforcement action1 including any such action pending on the date of enactment of this ,act1 that is inconsistent with section #bjd2 7,c7 exercise control over each board by reviewing and affirmatively approving only rules1 policies1 and enforcement actions that are consistent with section #bjd2 and 7,d7 use the analysis conducted under section #bjf and conduct reasonable investigations to gain additional information1 including about less restrictive regulatory approaches1 to promote compliance with section #bjd4 7#c7 ,independence ,in exercising active supervision over covered boards under paragraph 7#a71 the ,office shall be staffed by not less than #a attorney who does not provide general counsel to any board4 7c7 ,review and approval of proposed regulatory actions 7#a7 ,in general ,the ,office shall review and approve or reject any rule1 policy1 enforcement action1 or other occupational licensure action proposed by each covered board before the board may adopt or implement the rule1 policy1 enforcement action1 or other occupational licensure action4 7#b7 ,explicit approval required ,for purposes of paragraph 7#a7-- 7,a7 approval by the ,office shall be required to be explicit2 and 7,b7 silence or failure to act shall not constitute approval4 7d7 ,complaints 7#a7 ,right to file complaint ,a person who is a resident of or has a license to operate a business in the ,district of ,columbia may file a complaint to the ,office about a rule1 policy1 enforcement action1 or other occupational licensure action of a covered board that the person believes is inconsistent with section #bjd4 7#b7 ,response ,not later than #ij days after the date on which the ,office receives a complaint filed under paragraph 7#a71 the ,office shall-- 7,a7 investigate the complaint2 7,b7 identify remedies and instruct the board to take action1 where appropriate2 and 7,c7 respond in writing to the complainant4 7#c7 ,appeal 7,a7 ,in general ,there shall be no right to appeal a decision of the ,office under paragraph 7#b7 unless-- 7i7 the challenged rule1 policy1 enforcement action1 or other occupational licensure action would prevent the complainant from-- 7,i7 engaging in a lawful occupation2 or 7,,ii7 employing or contracting others for the performance of a lawful occupation2 and 7ii7 the complainant has taken material steps in an attempt to take an action described in subclause 7,i7 or 7,,ii7 of clause 7i74 7,b7 ,superior ,court ,any appeal authorized under subparagraph 7,a7 shall be to the ,superior ,court4 7e7 ,review by ,attorney ,general 7#a7 ,right to request review ,any member of the ,council may request that the ,attorney ,general review-- 7,a7 a rule1 policy1 enforcement action1 or other occupational licensure action of a covered board that the member believes is inconsistent with section #bjd2 7,b7 the active supervision of a covered board by the ,office2 or 7,c7 the response of the ,office to a complaint under subsection 7d74 7#b7 ,response ,not later than #ahj days after the date on which the ,attorney ,general receives a request under paragraph 7#a71 the ,attorney ,general shall-- 7,a7 investigate the activity requested to be reviewed2 7,b7 identify remedies and instruct the covered board to take action1 where appropriate2 and 7,c7 respond in writing to the requesting member4 #bjf4 ,periodic analysis of occupational regulations 7a7 ,establishment of committee ,the ,chairman of the ,council shall establish a legislative committee or subcommittee composed exclusively of current ,council members to analyze occupational regulations 7in this section referred to as the committee74 7b7 ,duties 7#a7 ,in general ,the committee shall be responsible for reviewing proposed legislation to impose or modify an occupational regulation to ensure compliance with the policies under section #bjd4 7#b7 ,specific duties ,in reviewing proposed legislation under paragraph 7#a71 the committee-- 7,a7 may require-- 7i7 the proponents of the legislation to submit evidence of present1 significant1 and substantiated harms to consumers in the ,district2 and 7ii7 information from other persons knowledgeable about the applicable occupation1 labor economics1 or other relevant factors2 7,b7 shall determine whether the legislation satisfies the policy under section #bjd7b7 of using the least restrictive regulation necessary to protect consumers from present1 significant1 and substantiated harms that threaten public health1 safety1 or welfare2 7,c7 shall evaluate the effects of the legislation on opportunities for workers1 consumer choices and costs1 general unemployment1 market competition1 governmental costs1 and other effects2 7,d7 shall compare the legislation to whether and how other jurisdictions regulate the applicable occupation2 and 7,e7 shall issue a report to the ,council assessing and proposing modifications1 if any1 to the legislation on a timely basis4 7#c7 ,required vote by council ,the ,council may not enact legislation to impose or modify an occupational regulation before the ,council has specifically voted to adopt or reject any modification to the regulation proposed by the committee under paragraph 7#b74 7c7 ,annual review 7#a7 ,in general ,beginning on ,january #a1 #bjah1 the committee shall conduct an annual review of the regulations of approximately #bj percent of the occupations subject to regulation within the ,district of ,columbia to improve compliance with this title4 7#b7 ,full review ,during the #e-year period beginning on ,january #a1 #bjah1 and during each #e-year period thereafter1 the committee shall review all occupational regulations within the ,district of ,columbia4 7#c7 ,information ,in carrying out the review under this subsection1 the committee may require information from a covered board1 the members of a covered board1 and other persons4 7d7 ,report ,beginning on ,january #a1 #bjai1 the committee shall submit to the ,chairman of the ,council and the ,attorney ,general an annual report on the findings of the reviews carried out under subsection 7c7 that includes suggested changes to occupational regulations to improve compliance with this title4 #bjg4 ,freedom to engage in an occupation 7a7 ,in general ,an individual may engage in a lawful occupation without being subject to occupational regulations that are-- 7#a7 arbitrary2 or 7#b7 unnecessary and substantially burdensome4 7b7 ,prohibition ,the ,district of ,columbia and any covered board within the ,district may not require an occupational license1 certification1 or registration for a person1 or impose any other occupational regulation that imposes a substantial burden on a person1 unless the ,district government demonstrates that-- 7#a7 the government has an important interest in protecting against present and recognizable harm to public health1 safety1 or welfare2 and 7#b7 the regulation is substantially related to achievement of the important government interest described in paragraph 7#a74 7c7 ,limitation ,nothing in this section shall be construed to-- 7#a7 create a right of action against the ,district government or a private party2 or 7#b7 require the ,district government or a private party to do business with an individual who is not licensed by1 certified by1 or registered with the ,district government4 #bjh4 ,affirmative defense 7a7 ,right ,to assert defense 7#a7 ,in general ,an individual may assert as a defense in any administrative or judicial proceeding to enforce an occupational regulation that the standard required under section #bjg has not been met4 7#b7 ,initial burden of proof ,an individual who asserts a defense under this section has the initial burden of proof that the occupational regulation being enforced substantially burdens the individual's right to engage in a lawful occupation4 7#c7 ,government's burden of proof ,if an individual meets the burden of proof under paragraph 7#b71 the ,district of ,columbia government shall be required to demonstrate by clear and convincing evidence that-- 7,a7 the occupational regulation in question advances an important government interest in protecting against real1 substantial threats to public health1 safety1 or welfare2 and 7,b7 the regulation is substantially related to achievement of the important government interest described in subparagraph 7,a74 7b7 ,superior court 7#a7 ,in general ,the ,superior ,court shall liberally construe this title to protect the right established under section #bjg4 7#b7 ,requirements ,in reviewing an alleged violation of the right established under section #bjg1 the ,superior ,court-- 7,a7 shall make its own findings of fact and conclusions of law2 7,b7 may not rely on legislative findings of fact presented in admissible form to the ,superior ,court2 and 7,c7 may not grant any presumption to legislative determinations-- 7i7 of harm to public health1 safety1 or welfare2 or 7ii7 that the occupational regulation in question is substantially related to achievement of the important government interest described in subsection 7a77#c77;,a74 ,,iii ,tour guide services in national military parks1 national battlefields1 national battlefield parks1 national battlefield sites1 and the ,national ,mall and ,memorial ,parks #cja4 ,tour guide services 7a7 ,in general ,chapter #ajcc of title #ed1 ,united ,states ,code1 is amended by adding at the end the following3 #ajccjg4 ,tour guide services 7a7 ,in general ,a person providing tour guide services for a fee within a national military park1 national battlefield1 national battlefield park1 or national battlefield site or outdoor portions of the ,national ,mall and ,memorial ,parks1 including the ,lincoln ,memorial and the ,jefferson ,memorial1 shall not be required to obtain a license1 certification1 or permit of any kind to provide the services4 7b7 ,application of certain restrictions ,in imposing any restriction on the scope1 duration1 and manner of access to or within the boundary of an area described in subsection 7a7 for the purposes of providing tour guide services1 the ,secretary shall ensure that the restrictions apply equally to all persons providing1 or attempting to provide1 tour guide services1 without regard to employment by1 or a contractual relationship with1 the ,service4 4 7b7 ,clerical amendment ,the table of sections for chapter #ajcc of title #ed1 ,united ,states ,code1 is amended by inserting after the item relating to section #ajccjf the following3 #ajccjg4 ,tour guide services4 4