[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3145 Introduced in House (IH)]
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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
concerned
_______________________________________________________________________
A BILL
To require Executive agency review of occupational licensing
requirements, and for other purposes.
Be it enacted by the Senate and House of Representatives 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:
(1) Occupational licensing has grown exponentially,
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 Statistics survey,
84.4 percent of employed people with a certification or license
responded that their credential was required for their job.
(3) Studies show little evidence that licensing improves
quality of services and instead costs consumers
$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 licensing serves as a barrier to
employment.
(5) Enacted into Federal law in 2014, the stated purpose of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.) is to strengthen the United States workforce development
system through innovation in, and alignment and improvement of,
employment, training, and education programs in the United
States, and to promote individual 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 employers hire and retain
workers.
(7) If States enact unnecessary occupational licensing
requirements that create barriers for individual job seekers,
when no requirement or a less restrictive 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 Office of the
President published Executive Order 13966, Increasing Economic
and Geographic Mobility to establish it as the policy of the
United States to alleviate unnecessary regulatory burdens on
the American people and require the Federal Government to
review and report on authorities, regulations, guidance, and
policies to alleviate such occupational 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 should consider a range of less
restrictive alternatives such as, quality ratings, voluntary
third-party professional certifications, bonding or insurance,
or inspection requirements.
SEC. 3. EXECUTIVE AGENCY REVIEW OF OCCUPATIONAL LICENSING REQUIREMENTS.
(a) In General.--Subchapter I of chapter 31 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 3117. Executive agency review of occupational licensing
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 agency that--
``(A) imposes an occupational licensing requirement
with respect to any position (including any position of
a contractor or subcontractor 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 positions
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 requirement
or the least restrictive alternative to an occupation licensing
requirement with respect to any such position while maintaining
protection for consumers 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 President 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 subsection (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 Register.
``(c) Agency Implementation.--Each Executive agency shall implement
any changes (excluding any 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 `occupational
license' means a license, registration, or certification
without which an individual lacks the legal permission of a
State, local, or tribal government to perform certain defined
services for compensation.
``(2) State.--The term `State' has the meaning 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''.
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