I 
117TH CONGRESS 
1ST SESSION H. R. 3145 
To require Executive agency review of occupational licensing requirements, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2021 
Mrs. HARSHBARGER (for herself, Mr. BANKS, Mr. ISSA, Mr. JACKSON, Mr. 
LAMALFA, Mrs. LESKO, and Mr. BUDD) introduced the following bill; 
which was referred to the Committee on Oversight and Reform, and in 
addition to the Committee on Education and Labor, 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 con-
cerned 
A BILL 
To require Executive agency review of occupational licensing 
requirements, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Freedom to Work 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Occupational licensing has grown exponen-
tially, comprising nearly 25 percent of the United 
States workforce today, up from 5 percent nearly 60 
years ago. 
(2) According to a 2018 Bureau of Labor Sta-
tistics survey, 84.4 percent of employed people with 
a certification or license responded that their creden-
tial was required for their job. 
(3) Studies show little evidence that licensing 
improves quality of services and instead costs con-
sumers $203,000,000,000 annually, reduces the 
number of jobs by 2,850,000, with the most impact 
on low-income workers seeking to enter occupations 
for the first time. 
(4) Occupations experience slower employment 
growth in States where they are licensed, compared 
to States where they are not, proving occupational li-
censing serves as a barrier to employment. 
(5) Enacted into Federal law in 2014, the stat-
ed purpose of the Workforce Innovation and Oppor-
tunity Act (29 U.S.C. 3101 et seq.) is to strengthen 
the United States workforce development system 
through innovation in, and alignment and improve-
ment of, employment, training, and education pro-
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grams in the United States, and to promote indi-
vidual and national economic growth. 
(6) In fiscal year 2021, Congress appropriated 
$2,845,332,000 for States to assist Americans in 
overcoming barriers to employment and help employ-
ers hire and retain workers. 
(7) If States enact unnecessary occupational li-
censing requirements that create barriers for indi-
vidual job seekers, when no requirement or a less re-
strictive alternative may serve the same purpose, 
States are acting in contradiction to the goals of 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3101 et seq.). 
(8) On December 14, 2020, the Executive Of-
fice of the President published Executive Order 
13966, Increasing Economic and Geographic Mobil-
ity to establish it as the policy of the United States 
to alleviate unnecessary regulatory burdens on the 
American people and require the Federal Govern-
ment to review and report on authorities, regula-
tions, guidance, and policies to alleviate such occupa-
tional licensing burdens. 
(9) Policymakers at all levels of government 
should require evidence to determine if there is a 
demonstrated need to regulate an occupation and 
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should consider a range of less restrictive alter-
natives such as, quality ratings, voluntary third- 
party professional certifications, bonding or insur-
ance, or inspection requirements. 
SEC. 3. EXECUTIVE AGENCY REVIEW OF OCCUPATIONAL LI-
CENSING REQUIREMENTS. 
(a) IN GENERAL.—Subchapter I of chapter 31 of title 
5, United States Code, is amended by adding at the end 
the following: 
‘‘§ 3117. Executive agency review of occupational li-
censing requirements 
‘‘(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of the Freedom to Work Act and every 
2 years thereafter, the head of each Executive agency 
shall— 
‘‘(1) review any authority, regulation, or policy 
of, or Federal law pertaining to, the Executive agen-
cy that— 
‘‘(A) imposes an occupational licensing re-
quirement with respect to any position (includ-
ing any position of a contractor or subcon-
tractor thereof) at the Executive agency; or 
‘‘(B) is causing a State, local, or tribal 
government to adopt an occupational licensing 
requirement for public and private sector posi-
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tions within the State or area encompassing the 
jurisdiction of the local or tribal government; 
‘‘(2) identify any changes to such an authority, 
regulation, policy, or law that would result in no re-
quirement or the least restrictive alternative to an 
occupation licensing requirement with respect to any 
such position while maintaining protection for con-
sumers and other individuals from significant and 
demonstrable harm to their health and safety; and 
‘‘(3) submit to the Director of the Office of 
Management and Budget, the Assistant to the Presi-
dent for Domestic Policy, and the Assistant to the 
President and Director of Intergovernmental Affairs 
a report that identifies such changes. 
‘‘(b) REPORT TO PRESIDENT AND CONGRESS.—Not 
later than 30 days after receiving the report under sub-
section (a)(3), the Director of the Office of Management 
and Budget shall— 
‘‘(1) submit to the President and to Congress 
such report; and 
‘‘(2) publish such report in the Federal Reg-
ister. 
‘‘(c) AGENCY IMPLEMENTATION.—Each Executive 
agency shall implement any changes (excluding any 
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change requiring a change in Federal law) described in 
a report submitted under subsection (b). 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) OCCUPATIONAL LICENSE.—The term ‘oc-
cupational license’ means a license, registration, or 
certification without which an individual lacks the 
legal permission of a State, local, or tribal govern-
ment to perform certain defined services for com-
pensation. 
‘‘(2) STATE.—The term ‘State’ has the mean-
ing given the term in section 9101(a)(4).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for such subchapter is amended by inserting after the item 
relating to section 3116 the following: 
‘‘3117. Executive agency review of occupational licensing requirements.’’. 
SEC. 4. UNIFIED STATE PLAN. 
Section 102(b)(1)(D) of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3112(b)(1)(D)) is 
amended by adding before the semicolon the following: ‘‘, 
and of how the State will reduce occupational licensing 
barriers to entry in specific occupations or industry sectors 
and any broader occupational licensing process reforms’’. 
Æ 
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