I 

114TH CONGRESS 

2D SESSION H. R. 6312 

To promote economic opportunity for military families, to facilitate workforce 

attachment for military spouses in their chosen occupation across multiple geographical postings, to reduce barriers to work on military installations, to amend the District of Columbia Code to promote greater 

freedom in the practice of regulated occupations, to combat abuse of 

occupational licensing laws by economic incumbents, to promote competition, encourage innovation, protect consumers, and promote compliance 

with Federal antitrust law, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2016 

Mr. MEADOWS (for himself and Mr. BRAT) introduced the following bill; which 

was referred to the Committee on Oversight and Government Reform, 

and in addition to the Committees on Armed Services, and Natural Resources, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To promote economic opportunity for military families, to 

facilitate workforce attachment for military spouses in 

their chosen occupation across multiple geographical 

postings, to reduce barriers to work on military installations, to amend the District of Columbia Code to promote greater freedom in the practice of regulated occupations, to combat abuse of occupational licensing laws 

by economic incumbents, to promote competition, encourVerDate Sep 11 2014 04:58 Nov 15, 2016 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H6312.IH H6312

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age innovation, protect consumers, and promote compliance with Federal antitrust law, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Alternatives to Licensing that Lower Obstacles to Work 

6 Act of 2016’’ or the ‘‘ALLOW Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—MILITARY INSTALLATIONS 

Sec. 101. Endorsement of occupational licenses and certifications issued by 

States for purposes of activities on military installations. 

TITLE II—DISTRICT OF COLUMBIA OCCUPATIONAL LICENSING 

REFORM 

Sec. 201. Short title. 

Sec. 202. Statement of findings and purpose. 

Sec. 203. Definitions. 

Sec. 204. Policy regarding occupational licensure. 

Sec. 205. Office of Supervision of Occupational Boards. 

Sec. 206. Periodic analysis of occupational regulations. 

Sec. 207. Freedom to engage in an occupation. 

Sec. 208. Affirmative defense. 

TITLE III—TOUR GUIDE SERVICES IN NATIONAL MILITARY 

PARKS, NATIONAL BATTLEFIELDS, NATIONAL BATTLEFIELD 

PARKS, NATIONAL BATTLEFIELD SITES, AND THE NATIONAL 

MALL AND MEMORIAL PARKS 

Sec. 301. Tour guide services. 


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1 TITLE I—MILITARY 

2 INSTALLATIONS 

3 SEC. 101. ENDORSEMENT OF OCCUPATIONAL LICENSES 

4 AND CERTIFICATIONS ISSUED BY STATES 

5 FOR PURPOSES OF ACTIVITIES ON MILITARY 

6 INSTALLATIONS. 

7 (a) IN GENERAL.—For the purpose of establishing 

8 an individual’s authorization to engage in an occupation 

9 on a military installation located on land owned by the 

10 Federal Government, the Federal Government endorses 

11 occupational licenses and certifications granted by any 

12 State, regardless of whether the military installation is lo13 cated in the issuing State, provided that— 

14 (1) the license or certification is not expired, re15 voked, or suspended by the issuing State; and 

16 (2) there are no outstanding enforcement ac17 tions against the individual brought by the licensing 

18 board or certifying authority for that occupation in 

19 the issuing State. 

20 (b) SCOPE OF PRACTICE.—An individual relying on 

21 subsection (a) for authorization to engage in an occupa22 tion is authorized to sell the same goods and services as 

23 are covered by the occupational license or certification in 

24 the issuing State. 


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1 (c) STATE DEFINED.—In this section, the term 

2 ‘‘State’’ includes the District of Columbia. 

3 TITLE II—DISTRICT OF COLUM4 BIA OCCUPATIONAL LICENS5 ING REFORM 

6 SEC. 201. SHORT TITLE. 

7 This title may be cited as the ‘‘District of Columbia 

8 Occupational Licensing Reform Act’’. 

9 SEC. 202. STATEMENT OF FINDINGS AND PURPOSE. 

10 Congress finds the following: 

11 (1) The prevalence of occupational licensing has 

12 increased dramatically in recent decades, in part be13 cause private interests have sought licensing in order 

14 to limit competition. 

15 (2) Occupational licensing often limits opportu16 nities for workers, frustrates entrepreneurs seeking 

17 to introduce new business models, and raises prices 

18 paid by consumers. 

19 (3) Licensing should be imposed only to combat 

20 real, substantial threats to public health or safety 

21 and only where other less restrictive regulatory alter22 natives are insufficient to protect consumers and 

23 serve the public interest. 

24 (4) Regulators should consider a range of less 

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1 tional licensing regime, which may include inspec2 tions, bonding or insurance requirements, registra3 tion, and voluntary certification. 

4 (5) Voluntary certification provides a particu5 larly significant alternative to licensure, as it allows 

6 market participants to signal to consumers the at7 tainment of personal qualifications without limiting 

8 entry into the marketplace. 

9 (6) The failure of State governments to adopt 

10 less restrictive alternatives to licensing has resulted 

11 in significant costs to consumers and the broader 

12 economy. 

13 (7) By appropriately limiting occupational li14 censing in the District of Columbia, Congress in15 tends to promote economic opportunity in the Dis16 trict. 

17 (8) By promoting economic opportunity in the 

18 District of Columbia through the reform of occupa19 tional regulations, Congress intends to provide a 

20 basic reform model that the States may follow. 

21 SEC. 203. DEFINITIONS. 

22 (a) IN GENERAL.—In this title: 

23 (1) ATTORNEY GENERAL.—The term ‘‘Attorney 

24 General’’ means the Attorney General for the Dis25 trict of Columbia. 


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1 (2) CERTIFICATION.—The term ‘‘certification’’ 

2 means a voluntary program under which— 

3 (A) a private organization or the govern4 ment grants nontransferable recognition to an 

5 individual who meets personal qualifications es6 tablished by the private organization or the gov7 ernment; 

8 (B) upon approval, an individual described 

9 in subparagraph (A) may use ‘‘certified’’ as a 

10 designated title; and 

11 (C) a noncertified individual may perform 

12 the lawful occupation for compensation but may 

13 not use the title ‘‘certified’’. 

14 (3) COUNCIL.—The term ‘‘Council’’ means the 

15 Council of the District of Columbia. 

16 (4) COVERED BOARD.—The term ‘‘covered 

17 board’’ means an occupational licensing board in the 

18 District of Columbia. 

19 (5) LAWFUL OCCUPATION.—The term ‘‘lawful 

20 occupation’’ means a course of conduct, pursuit, or 

21 profession that includes the sale of goods or services 

22 that are not illegal to sell regardless of whether the 

23 individual selling the goods or services is subject to 

24 an occupational regulation. 


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1 (6) LEAST RESTRICTIVE REGULATION.—The 

2 term ‘‘least restrictive regulation’’ means, from least 

3 to most restrictive— 

4 (A) market competition; 

5 (B) industry or consumer-created ratings 

6 and reviews; 

7 (C) private certification; 

8 (D) a specific private civil cause of action 

9 to remedy consumer harm; 

10 (E) a deceptive trade practice act; 

11 (F) a regulation of the process of providing 

12 the specific goods or services to consumers; 

13 (G) inspection; 

14 (H) bonding or insurance; 

15 (I) registration; 

16 (J) government certification; 

17 (K) specialty occupational license for med18 ical reimbursement; and 

19 (L) occupational license. 

20 (7) OCCUPATIONAL LICENSE.—The term ‘‘occu21 pational license’’ means a nontransferable authoriza22 tion under law for an individual to perform a lawful 

23 occupation for compensation based on meeting per24 sonal qualifications established by the District of Co25 lumbia government. 


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1 (8) SPECIALTY OCCUPATIONAL LICENSE FOR

2 MEDICAL REIMBURSEMENT.—The term ‘‘specialty 

3 occupational license for medical reimbursement’’ 

4 means a nontransferable authorization in law for an 

5 individual to provide identified medical services and 

6 qualify for payment or reimbursement from a gov7 ernment agency based on meeting personal qualifica8 tions established by the government. 

9 (9) OCCUPATIONAL REGULATION.—The term 

10 ‘‘occupational regulation’’— 

11 (A) means a statute, rule, practice, policy, 

12 or other law requiring an individual to possess 

13 certain personal qualifications to use an occupa14 tional title or work in a lawful occupation; 

15 (B) includes a regulation requiring reg16 istration, certification, or an occupational li17 cense; and 

18 (C) does not include a business license, fa19 cility license, building permit, or zoning and 

20 land use regulation except to the extent that 

21 such a law regulates an individual’s personal 

22 qualifications to perform a lawful occupation. 

23 (10) PERSONAL QUALIFICATIONS.—The term 

24 ‘‘personal qualifications’’ means criteria related to 

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1 tics, including completion of an approved educational 

2 program, satisfactory performance on an examina3 tion, work experience, other evidence of attainment 

4 of requisite skills or knowledge, moral standing, 

5 criminal history, and completion of continuing edu6 cation. 

7 (11) REGISTRATION.— 

8 (A) IN GENERAL.—The term ‘‘registra9 tion’’ means a requirement that an individual 

10 give notice to the District of Columbia govern11 ment that— 

12 (i) may include— 

13 (I) the individual’s name and ad14 dress; 

15 (II) the individual’s agent for 

16 service of process; 

17 (III) the location of the activity 

18 to be performed; and 

19 (IV) a description of the service 

20 the individual provides; 

21 (ii) does not include personal quali22 fications; and 

23 (iii) may require a bond or insurance. 

24 (B) USE OF TITLE.— 


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1 (i) REGISTERED INDIVIDUALS.—Upon 

2 the receipt of notice described in subpara3 graph (A) by the District of Columbia gov4 ernment from an individual, the individual 

5 may use ‘‘registered’’ as a designated title. 

6 (ii) NONREGISTERED INDIVIDUALS.— 

7 A nonregistered individual may not per8 form the occupation for compensation or 

9 use ‘‘registered’’ as a designated title. 

10 (12) SUPERIOR COURT.—The term ‘‘Superior 

11 Court’’ means the Superior Court of the District of 

12 Columbia. 

13 (b) RULES RELATING TO USE AND CONSTRUCTION

14 OF TERMS.— 

15 (1) CERTIFICATION AND REGISTRATION.—As 

16 used in this title, the terms ‘‘certification’’ and ‘‘reg17 istration’’ shall not be construed to be synonymous 

18 with the term ‘‘occupational license’’, notwith19 standing their use in other provisions of the law of 

20 the District of Columbia. 

21 (2) RELATION TO OTHER PROVISIONS OF

22 LAW.—The use of the terms ‘‘certification’’, ‘‘cer23 tified’’, ‘‘registration’’, and ‘‘registered’’ in other 

24 provisions of the law of the District of Columbia to 

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1 sonal qualifications to work legally shall be con2 strued for the purposes of this title as requiring an 

3 individual to meet the requirements of an occupa4 tional license. 

5 SEC. 204. POLICY REGARDING OCCUPATIONAL LICENSURE. 

6 It is the policy of the District of Columbia that— 

7 (1) occupational licensing laws should be con8 strued and applied to increase economic opportunity, 

9 promote competition, and encourage innovation; 

10 (2) regulators should displace competition 

11 through occupational licensing only where less re12 strictive regulation will not suffice to protect con13 sumers from present, significant, and substantiated 

14 harms that threaten public health, safety, or welfare; 

15 and 

16 (3) an occupational licensing restriction should 

17 be enforced against an individual only to the extent 

18 the individual sells goods and services that are in19 cluded explicitly in the statute or Municipal Regula20 tion that defines the occupation’s scope of practice. 

21 SEC. 205. OFFICE OF SUPERVISION OF OCCUPATIONAL 

22 BOARDS. 

23 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—There shall be established 

2 an Office of Supervision of Occupational Boards (re3 ferred to in this section as the ‘‘Office’’) in— 

4 (A) the office of the Attorney General; or 

5 (B) another appropriate agency of the Dis6 trict of Columbia government. 

7 (2) RULE OF CONSTRUCTION.—For the pur8 poses of this title, if individual Offices are estab9 lished within multiple agencies, the term ‘‘Office’’ 

10 shall be construed to refer to both the singular and 

11 the plural. 

12 (b) ACTIVE SUPERVISION.— 

13 (1) IN GENERAL.—The Office shall be respon14 sible for exercising active supervision over each cov15 ered board to ensure compliance with the policies 

16 under section 204. 

17 (2) DUTIES.—In exercising active supervision 

18 over covered boards under paragraph (1), the Office 

19 shall independently— 

20 (A) play a substantial role in the develop21 ment of a board’s rules and policies to ensure 

22 they benefit consumers and do not serve the 

23 private interests of providers of goods and serv24 ices regulated by the board; 


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1 (B) disapprove the use of any board rule 

2 or policy and terminate any enforcement action, 

3 including any such action pending on the date 

4 of enactment of this Act, that is inconsistent 

5 with section 204; 

6 (C) exercise control over each board by re7 viewing and affirmatively approving only rules, 

8 policies, and enforcement actions that are con9 sistent with section 204; and 

10 (D) use the analysis conducted under sec11 tion 206 and conduct reasonable investigations 

12 to gain additional information, including about 

13 less restrictive regulatory approaches, to pro14 mote compliance with section 204. 

15 (3) INDEPENDENCE.—In exercising active su16 pervision over covered boards under paragraph (1), 

17 the Office shall be staffed by not less than 1 attor18 ney who does not provide general counsel to any 

19 board. 

20 (c) REVIEW AND APPROVAL OF PROPOSED REGU21 LATORY ACTIONS.— 

22 (1) IN GENERAL.—The Office shall review and 

23 approve or reject any rule, policy, enforcement ac24 tion, or other occupational licensure action proposed 

25 by each covered board before the board may adopt 


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1 or implement the rule, policy, enforcement action, or 

2 other occupational licensure action. 

3 (2) EXPLICIT APPROVAL REQUIRED.—For pur4 poses of paragraph (1)— 

5 (A) approval by the Office shall be re6 quired to be explicit; and 

7 (B) silence or failure to act shall not con8 stitute approval. 

9 (d) COMPLAINTS.— 

10 (1) RIGHT TO FILE COMPLAINT.—A person who 

11 is a resident of or has a license to operate a business 

12 in the District of Columbia may file a complaint to 

13 the Office about a rule, policy, enforcement action, 

14 or other occupational licensure action of a covered 

15 board that the person believes is inconsistent with 

16 section 204. 

17 (2) RESPONSE.—Not later than 90 days after 

18 the date on which the Office receives a complaint 

19 filed under paragraph (1), the Office shall— 

20 (A) investigate the complaint; 

21 (B) identify remedies and instruct the 

22 board to take action, where appropriate; and 

23 (C) respond in writing to the complainant. 

24 (3) APPEAL.— 


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1 (A) IN GENERAL.—There shall be no right 

2 to appeal a decision of the Office under para3 graph (2) unless— 

4 (i) the challenged rule, policy, enforce5 ment action, or other occupational licen6 sure action would prevent the complainant 

7 from— 

8 (I) engaging in a lawful occupa9 tion; or 

10 (II) employing or contracting 

11 others for the performance of a lawful 

12 occupation; and 

13 (ii) the complainant has taken mate14 rial steps in an attempt to take an action 

15 described in subclause (I) or (II) of clause 

16 (i). 

17 (B) SUPERIOR COURT.—Any appeal au18 thorized under subparagraph (A) shall be to the 

19 Superior Court. 

20 (e) REVIEW BY ATTORNEY GENERAL.— 

21 (1) RIGHT TO REQUEST REVIEW.—Any member 

22 of the Council may request that the Attorney Gen23 eral review— 

24 (A) a rule, policy, enforcement action, or 

25 other occupational licensure action of a covered 


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1 board that the member believes is inconsistent 

2 with section 204; 

3 (B) the active supervision of a covered 

4 board by the Office; or 

5 (C) the response of the Office to a com6 plaint under subsection (d). 

7 (2) RESPONSE.—Not later than 180 days after 

8 the date on which the Attorney General receives a 

9 request under paragraph (1), the Attorney General 

10 shall— 

11 (A) investigate the activity requested to be 

12 reviewed; 

13 (B) identify remedies and instruct the cov14 ered board to take action, where appropriate; 

15 and 

16 (C) respond in writing to the requesting 

17 member. 

18 SEC. 206. PERIODIC ANALYSIS OF OCCUPATIONAL REGULA19 TIONS. 

20 (a) ESTABLISHMENT OF COMMITTEE.—The Chair21 man of the Council shall establish a legislative committee 

22 or subcommittee composed exclusively of current Council 

23 members to analyze occupational regulations (in this sec24 tion referred to as the ‘‘committee’’). 

25 (b) DUTIES.— 


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1 (1) IN GENERAL.—The committee shall be re2 sponsible for reviewing proposed legislation to im3 pose or modify an occupational regulation to ensure 

4 compliance with the policies under section 204. 

5 (2) SPECIFIC DUTIES.—In reviewing proposed 

6 legislation under paragraph (1), the committee— 

7 (A) may require— 

8 (i) the proponents of the legislation to 

9 submit evidence of present, significant, and 

10 substantiated harms to consumers in the 

11 District; and 

12 (ii) information from other persons 

13 knowledgeable about the applicable occupa14 tion, labor economics, or other relevant 

15 factors; 

16 (B) shall determine whether the legislation 

17 satisfies the policy under section 204(2) of 

18 using the least restrictive regulation necessary 

19 to protect consumers from present, significant, 

20 and substantiated harms that threaten public 

21 health, safety, or welfare; 

22 (C) shall evaluate the effects of the legisla23 tion on opportunities for workers, consumer 

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1 ket competition, governmental costs, and other 

2 effects; 

3 (D) shall compare the legislation to wheth4 er and how other jurisdictions regulate the ap5 plicable occupation; and 

6 (E) shall issue a report to the Council as7 sessing and proposing modifications, if any, to 

8 the legislation on a timely basis. 

9 (3) REQUIRED VOTE BY COUNCIL.—The Coun10 cil may not enact legislation to impose or modify an 

11 occupational regulation before the Council has spe12 cifically voted to adopt or reject any modification to 

13 the regulation proposed by the committee under 

14 paragraph (2). 

15 (c) ANNUAL REVIEW.— 

16 (1) IN GENERAL.—Beginning on January 1, 

17 2018, the committee shall conduct an annual review 

18 of the regulations of approximately 20 percent of the 

19 occupations subject to regulation within the District 

20 of Columbia to improve compliance with this title. 

21 (2) FULL REVIEW.—During the 5-year period 

22 beginning on January 1, 2018, and during each 5- 

23 year period thereafter, the committee shall review all 

24 occupational regulations within the District of Co25 lumbia. 


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1 (3) INFORMATION.—In carrying out the review 

2 under this subsection, the committee may require in3 formation from a covered board, the members of a 

4 covered board, and other persons. 

5 (d) REPORT.—Beginning on January 1, 2019, the 

6 committee shall submit to the Chairman of the Council 

7 and the Attorney General an annual report on the findings 

8 of the reviews carried out under subsection (c) that in9 cludes suggested changes to occupational regulations to 

10 improve compliance with this title. 

11 SEC. 207. FREEDOM TO ENGAGE IN AN OCCUPATION. 

12 (a) IN GENERAL.—An individual may engage in a 

13 lawful occupation without being subject to occupational 

14 regulations that are— 

15 (1) arbitrary; or 

16 (2) unnecessary and substantially burdensome. 

17 (b) PROHIBITION.—The District of Columbia and 

18 any covered board within the District may not require an 

19 occupational license, certification, or registration for a 

20 person, or impose any other occupational regulation that 

21 imposes a substantial burden on a person, unless the Dis22 trict government demonstrates that— 

23 (1) the government has an important interest in 

24 protecting against present and recognizable harm to 

25 public health, safety, or welfare; and 


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1 (2) the regulation is substantially related to 

2 achievement of the important government interest 

3 described in paragraph (1). 

4 (c) LIMITATION.—Nothing in this section shall be 

5 construed to— 

6 (1) create a right of action against the District 

7 government or a private party; or 

8 (2) require the District government or a private 

9 party to do business with an individual who is not 

10 licensed by, certified by, or registered with the Dis11 trict government. 

12 SEC. 208. AFFIRMATIVE DEFENSE. 

13 (a) RIGHT TO ASSERT DEFENSE.— 

14 (1) IN GENERAL.—An individual may assert as 

15 a defense in any administrative or judicial pro16 ceeding to enforce an occupational regulation that 

17 the standard required under section 207 has not 

18 been met. 

19 (2) INITIAL BURDEN OF PROOF.—An individual 

20 who asserts a defense under this section has the ini21 tial burden of proof that the occupational regulation 

22 being enforced substantially burdens the individual’s 

23 right to engage in a lawful occupation. 

24 (3) GOVERNMENT’S BURDEN OF PROOF.—If an 

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1 graph (2), the District of Columbia government shall 

2 be required to demonstrate by clear and convincing 

3 evidence that— 

4 (A) the occupational regulation in question 

5 advances an important government interest in 

6 protecting against real, substantial threats to 

7 public health, safety, or welfare; and 

8 (B) the regulation is substantially related 

9 to achievement of the important government in10 terest described in subparagraph (A). 

11 (b) SUPERIOR COURT.— 

12 (1) IN GENERAL.—The Superior Court shall 

13 liberally construe this title to protect the right estab14 lished under section 207. 

15 (2) REQUIREMENTS.—In reviewing an alleged 

16 violation of the right established under section 207, 

17 the Superior Court— 

18 (A) shall make its own findings of fact and 

19 conclusions of law; 

20 (B) may not rely on legislative findings of 

21 fact presented in admissible form to the Supe22 rior Court; and 

23 (C) may not grant any presumption to leg24 islative determinations— 


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1 (i) of harm to public health, safety, or 

2 welfare; or 

3 (ii) that the occupational regulation in 

4 question is substantially related to achieve5 ment of the important government interest 

6 described in subsection (a)(3)(A). 

7 TITLE III—TOUR GUIDE SERV8 ICES IN NATIONAL MILITARY 

9 PARKS, NATIONAL BATTLE10 FIELDS, NATIONAL BATTLE11 FIELD PARKS, NATIONAL BAT12 TLEFIELD SITES, AND THE 

13 NATIONAL MALL AND MEMO14 RIAL PARKS 

15 SEC. 301. TOUR GUIDE SERVICES. 

16 (a) IN GENERAL.—Chapter 1033 of title 54, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘§ 103307. Tour guide services 

20 ‘‘(a) IN GENERAL.—A person providing tour guide 

21 services for a fee within a national military park, national 

22 battlefield, national battlefield park, or national battlefield 

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1 son Memorial, shall not be required to obtain a license, 

2 certification, or permit of any kind to provide the services. 

3 ‘‘(b) APPLICATION OF CERTAIN RESTRICTIONS.—In 

4 imposing any restriction on the scope, duration, and man5 ner of access to or within the boundary of an area de6 scribed in subsection (a) for the purposes of providing tour 

7 guide services, the Secretary shall ensure that the restric8 tions apply equally to all persons providing, or attempting 

9 to provide, tour guide services, without regard to employ10 ment by, or a contractual relationship with, the Service.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 for chapter 1033 of title 54, United States Code, is 

13 amended by inserting after the item relating to section 

14 103306 the following: 

‘‘103307. Tour guide services.’’. 

Æ 


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