(2) CERTIFICATION.—The term ‘‘certification’’ 
means a voluntary program under which— 
(A) a private organization or the govern-
ment grants nontransferable recognition to an 
individual who meets personal qualifications es-
tablished by the private organization or the gov-
ernment; 
(B) upon approval, an individual described 
in subparagraph (A) may use ‘‘certified’’ as a 
designated title; and 
(C) a noncertified individual may perform 
the lawful occupation for compensation but may 
not use the title ‘‘certified’’. 
(3) COUNCIL.—The term ‘‘Council’’ means the 
Council of the District of Columbia. 
(4) COVERED
BOARD.—The term ‘‘covered 
board’’ means an occupational licensing board in the 
District of Columbia. 
(5) LAWFUL OCCUPATION.—The term ‘‘lawful 
occupation’’ means a course of conduct, pursuit, 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 regulation. 
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(6) LEAST
RESTRICTIVE
REGULATION.—The 
term ‘‘least restrictive regulation’’ means, from least 
to most restrictive— 
(A) market competition; 
(B) industry or consumer-created ratings 
and reviews; 
(C) private certification; 
(D) a specific private civil cause of action 
to remedy consumer harm; 
(E) a deceptive trade practice act; 
(F) a regulation of the process of providing 
the specific goods or services to consumers; 
(G) inspection; 
(H) bonding or insurance; 
(I) registration; 
(J) government certification; 
(K) specialty occupational license for med-
ical reimbursement; and 
(L) occupational license. 
(7) OCCUPATIONAL LICENSE.—The term ‘‘occu-
pational license’’ means a nontransferable authoriza-
tion under law for an individual to perform a lawful 
occupation for compensation based on meeting per-
sonal qualifications established by the District of Co-
lumbia government. 
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(8) 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 gov-
ernment agency based on meeting personal qualifica-
tions established by the government. 
(9) OCCUPATIONAL
REGULATION.—The term 
‘‘occupational regulation’’— 
(A) means a statute, rule, practice, policy, 
or other law requiring an individual to possess 
certain personal qualifications to use an occupa-
tional title or work in a lawful occupation; 
(B) includes a regulation requiring reg-
istration, certification, or an occupational li-
cense; and 
(C) does not include a business license, fa-
cility license, building permit, or zoning and 
land use regulation except to the extent that 
such a law regulates an individual’s personal 
qualifications to perform a lawful occupation. 
(10) PERSONAL
QUALIFICATIONS.—The term 
‘‘personal qualifications’’ means criteria related to 
an individual’s personal background and characteris-
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tics, including completion of an approved educational 
program, satisfactory performance on an examina-
tion, work experience, other evidence of attainment 
of requisite skills or knowledge, moral standing, 
criminal history, and completion of continuing edu-
cation. 
(11) REGISTRATION.— 
(A) IN
GENERAL.—The term ‘‘registra-
tion’’ means a requirement that an individual 
give notice to the District of Columbia govern-
ment that— 
(i) may include— 
(I) the individual’s name and ad-
dress; 
(II) the individual’s agent for 
service of process; 
(III) the location of the activity 
to be performed; and 
(IV) a description of the service 
the individual provides; 
(ii) does not include personal quali-
fications; and 
(iii) may require a bond or insurance. 
(B) USE OF TITLE.— 
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(i) REGISTERED INDIVIDUALS.—Upon 
the receipt of notice described in subpara-
graph (A) by the District of Columbia gov-
ernment from an individual, the individual 
may use ‘‘registered’’ as a designated title. 
(ii) NONREGISTERED INDIVIDUALS.— 
A nonregistered individual may not per-
form the occupation for compensation or 
use ‘‘registered’’ as a designated title. 
(12) SUPERIOR COURT.—The term ‘‘Superior 
Court’’ means the Superior Court of the District of 
Columbia. 
(b) RULES RELATING TO USE AND CONSTRUCTION 
OF TERMS.— 
(1) CERTIFICATION
AND
REGISTRATION.—As 
used in this title, the terms ‘‘certification’’ and ‘‘reg-
istration’’ shall not be construed to be synonymous 
with the term ‘‘occupational license’’, notwith-
standing their use in other provisions of the law of 
the District of Columbia. 
(2) RELATION
TO
OTHER
PROVISIONS
OF 
LAW.—The use of the terms ‘‘certification’’, ‘‘cer-
tified’’, ‘‘registration’’, and ‘‘registered’’ in other 
provisions of the law of the District of Columbia to 
mean an individual is required to meet certain per-
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sonal qualifications to work legally shall be con-
strued for the purposes of this title as requiring an 
individual to meet the requirements of an occupa-
tional license. 
SEC. 204. POLICY REGARDING OCCUPATIONAL LICENSURE. 
It is the policy of the District of Columbia that— 
(1) occupational licensing laws should be con-
strued and applied to increase economic opportunity, 
promote competition, and encourage innovation; 
(2) regulators should displace competition 
through occupational licensing only where less re-
strictive regulation will not suffice to protect con-
sumers from present, significant, and substantiated 
harms that threaten public health, safety, or welfare; 
and 
(3) an occupational licensing restriction should 
be enforced against an individual only to the extent 
the individual sells goods and services that are in-
cluded explicitly in the statute or Municipal Regula-
tion that defines the occupation’s scope of practice. 
SEC. 205. OFFICE OF SUPERVISION OF OCCUPATIONAL 
BOARDS. 
(a) ESTABLISHMENT.— 
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(1) IN GENERAL.—There shall be established 
an Office of Supervision of Occupational Boards (re-
ferred to in this section as the ‘‘Office’’) in— 
(A) the office of the Attorney General; or 
(B) another appropriate agency of the Dis-
trict of Columbia government. 
(2) RULE
OF
CONSTRUCTION.—For the pur-
poses of this title, if individual Offices are estab-
lished within multiple agencies, the term ‘‘Office’’ 
shall be construed to refer to both the singular and 
the plural. 
(b) ACTIVE SUPERVISION.— 
(1) IN GENERAL.—The Office shall be respon-
sible for exercising active supervision over each cov-
ered board to ensure compliance with the policies 
under section 204. 
(2) DUTIES.—In exercising active supervision 
over covered boards under paragraph (1), the Office 
shall independently— 
(A) play a substantial role in the develop-
ment of a board’s rules and policies to ensure 
they benefit consumers and do not serve the 
private interests of providers of goods and serv-
ices regulated by the board; 
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(B) disapprove the use of any board rule 
or policy and terminate any enforcement action, 
including any such action pending on the date 
of enactment of this Act, that is inconsistent 
with section 204; 
(C) exercise control over each board by re-
viewing and affirmatively approving only rules, 
policies, and enforcement actions that are con-
sistent with section 204; and 
(D) use the analysis conducted under sec-
tion 206 and conduct reasonable investigations 
to gain additional information, including about 
less restrictive regulatory approaches, to pro-
mote compliance with section 204. 
(3) INDEPENDENCE.—In exercising active su-
pervision over covered boards under paragraph (1), 
the Office shall be staffed by not less than 1 attor-
ney who does not provide general counsel to any 
board. 
(c) REVIEW AND APPROVAL OF PROPOSED REGU-
LATORY ACTIONS.— 
(1) IN GENERAL.—The Office shall review and 
approve or reject any rule, policy, enforcement ac-
tion, or other occupational licensure action proposed 
by each covered board before the board may adopt 
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or implement the rule, policy, enforcement action, or 
other occupational licensure action. 
(2) EXPLICIT APPROVAL REQUIRED.—For pur-
poses of paragraph (1)— 
(A) approval by the Office shall be re-
quired to be explicit; and 
(B) silence or failure to act shall not con-
stitute approval. 
(d) COMPLAINTS.— 
(1) 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 rule, policy, enforcement action, 
or other occupational licensure action of a covered 
board that the person believes is inconsistent with 
section 204. 
(2) RESPONSE.—Not later than 90 days after 
the date on which the Office receives a complaint 
filed under paragraph (1), the Office shall— 
(A) investigate the complaint; 
(B) identify remedies and instruct the 
board to take action, where appropriate; and 
(C) respond in writing to the complainant. 
(3) APPEAL.— 
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(A) IN GENERAL.—There shall be no right 
to appeal a decision of the Office under para-
graph (2) unless— 
(i) the challenged rule, policy, enforce-
ment action, or other occupational licen-
sure action would prevent the complainant 
from— 
(I) engaging in a lawful occupa-
tion; or 
(II) employing or contracting 
others for the performance of a lawful 
occupation; and 
(ii) the complainant has taken mate-
rial steps in an attempt to take an action 
described in subclause (I) or (II) of clause 
(i). 
(B) SUPERIOR
COURT.—Any appeal au-
thorized under subparagraph (A) shall be to the 
Superior Court. 
(e) REVIEW BY ATTORNEY GENERAL.— 
(1) RIGHT TO REQUEST REVIEW.—Any member 
of the Council may request that the Attorney Gen-
eral review— 
(A) a rule, policy, enforcement action, or 
other occupational licensure action of a covered 
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board that the member believes is inconsistent 
with section 204; 
(B) the active supervision of a covered 
board by the Office; or 
(C) the response of the Office to a com-
plaint under subsection (d). 
(2) RESPONSE.—Not later than 180 days after 
the date on which the Attorney General receives a 
request under paragraph (1), the Attorney General 
shall— 
(A) investigate the activity requested to be 
reviewed; 
(B) identify remedies and instruct the cov-
ered board to take action, where appropriate; 
and 
(C) respond in writing to the requesting 
member. 
SEC. 206. PERIODIC ANALYSIS OF OCCUPATIONAL REGULA-
TIONS. 
(a) ESTABLISHMENT OF COMMITTEE.—The Chair-
man of the Council shall establish a legislative committee 
or subcommittee composed exclusively of current Council 
members to analyze occupational regulations (in this sec-
tion referred to as the ‘‘committee’’). 
(b) DUTIES.— 
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(1) IN GENERAL.—The committee shall be re-
sponsible for reviewing proposed legislation to im-
pose or modify an occupational regulation to ensure 
compliance with the policies under section 204. 
(2) SPECIFIC DUTIES.—In reviewing proposed 
legislation under paragraph (1), the committee— 
(A) may require— 
(i) the proponents of the legislation to 
submit evidence of present, significant, and 
substantiated harms to consumers in the 
District; and 
(ii) information from other persons 
knowledgeable about the applicable occupa-
tion, labor economics, or other relevant 
factors; 
(B) shall determine whether the legislation 
satisfies the policy under section 204(2) of 
using the least restrictive regulation necessary 
to protect consumers from present, significant, 
and substantiated harms that threaten public 
health, safety, or welfare; 
(C) shall evaluate the effects of the legisla-
tion on opportunities for workers, consumer 
choices and costs, general unemployment, mar-
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ket competition, governmental costs, and other 
effects; 
(D) shall compare the legislation to wheth-
er and how other jurisdictions regulate the ap-
plicable occupation; and 
(E) shall issue a report to the Council as-
sessing and proposing modifications, if any, to 
the legislation on a timely basis. 
(3) REQUIRED VOTE BY COUNCIL.—The Coun-
cil may not enact legislation to impose or modify an 
occupational regulation before the Council has spe-
cifically voted to adopt or reject any modification to 
the regulation proposed by the committee under 
paragraph (2). 
(c) ANNUAL REVIEW.— 
(1) IN
GENERAL.—Beginning on January 1, 
2018, the committee shall conduct an annual review 
of the regulations of approximately 20 percent of the 
occupations subject to regulation within the District 
of Columbia to improve compliance with this title. 
(2) FULL REVIEW.—During the 5-year period 
beginning on January 1, 2018, and during each 5- 
year period thereafter, the committee shall review all 
occupational regulations within the District of Co-
lumbia. 
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(3) INFORMATION.—In carrying out the review 
under this subsection, the committee may require in-
formation from a covered board, the members of a 
covered board, and other persons. 
(d) REPORT.—Beginning on January 1, 2019, 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 (c) that in-
cludes suggested changes to occupational regulations to 
improve compliance with this title. 
SEC. 207. FREEDOM TO ENGAGE IN AN OCCUPATION. 
(a) IN GENERAL.—An individual may engage in a 
lawful occupation without being subject to occupational 
regulations that are— 
(1) arbitrary; or 
(2) unnecessary and substantially burdensome. 
(b) PROHIBITION.—The District of Columbia and 
any covered board within the District may not require an 
occupational license, certification, or registration for a 
person, or impose any other occupational regulation that 
imposes a substantial burden on a person, unless the Dis-
trict government demonstrates that— 
(1) the government has an important interest in 
protecting against present and recognizable harm to 
public health, safety, or welfare; and 
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(2) the regulation is substantially related to 
achievement of the important government interest 
described in paragraph (1). 
(c) LIMITATION.—Nothing in this section shall be 
construed to— 
(1) create a right of action against the District 
government or a private party; or 
(2) require the District government or a private 
party to do business with an individual who is not 
licensed by, certified by, or registered with the Dis-
trict government. 
SEC. 208. AFFIRMATIVE DEFENSE. 
(a) RIGHT TO ASSERT DEFENSE.— 
(1) IN GENERAL.—An individual may assert as 
a defense in any administrative or judicial pro-
ceeding to enforce an occupational regulation that 
the standard required under section 207 has not 
been met. 
(2) INITIAL BURDEN OF PROOF.—An individual 
who asserts a defense under this section has the ini-
tial burden of proof that the occupational regulation 
being enforced substantially burdens the individual’s 
right to engage in a lawful occupation. 
(3) GOVERNMENT’S BURDEN OF PROOF.—If an 
individual meets the burden of proof under para-
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graph (2), the District of Columbia government shall 
be required to demonstrate by clear and convincing 
evidence that— 
(A) the occupational regulation in question 
advances an important government interest in 
protecting against real, substantial threats to 
public health, safety, or welfare; and 
(B) the regulation is substantially related 
to achievement of the important government in-
terest described in subparagraph (A). 
(b) SUPERIOR COURT.— 
(1) IN
GENERAL.—The Superior Court shall 
liberally construe this title to protect the right estab-
lished under section 207. 
(2) REQUIREMENTS.—In reviewing an alleged 
violation of the right established under section 207, 
the Superior Court— 
(A) shall make its own findings of fact and 
conclusions of law; 
(B) may not rely on legislative findings of 
fact presented in admissible form to the Supe-
rior Court; and 
(C) may not grant any presumption to leg-
islative determinations— 
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(i) of harm to public health, safety, or 
welfare; or 
(ii) that the occupational regulation in 
question is substantially related to achieve-
ment of the important government interest 
described in subsection (a)(3)(A). 
TITLE III—TOUR GUIDE SERV-
ICES IN NATIONAL MILITARY 
PARKS, 
NATIONAL 
BATTLE-
FIELDS, NATIONAL BATTLE-
FIELD PARKS, NATIONAL BAT-
TLEFIELD SITES, AND THE 
NATIONAL MALL AND MEMO-
RIAL PARKS 
SEC. 301. TOUR GUIDE SERVICES. 
(a) IN GENERAL.—Chapter 1033 of title 54, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 103307. Tour guide services 
‘‘(a) IN GENERAL.—A person providing tour guide 
services for a fee within a national military park, national 
battlefield, national battlefield park, or national battlefield 
site or outdoor portions of the National Mall and Memo-
rial Parks, including the Lincoln Memorial and the Jeffer-
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son Memorial, shall not be required to obtain a license, 
certification, or permit of any kind to provide the services. 
‘‘(b) APPLICATION OF CERTAIN RESTRICTIONS.—In 
imposing any restriction on the scope, duration, and man-
ner of access to or within the boundary of an area de-
scribed in subsection (a) for the purposes of providing tour 
guide services, the Secretary shall ensure that the restric-
tions apply equally to all persons providing, or attempting 
to provide, tour guide services, without regard to employ-
ment by, or a contractual relationship with, the Service.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 1033 of title 54, United States Code, is 
amended by inserting after the item relating to section 
103306 the following: 
‘‘103307. Tour guide services.’’. 
Æ 
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