I 

116TH CONGRESS 

2D SESSION H. R. 8680 

To provide immunity from liability under section 4 of the Clayton Act for 

damages in cases against occupational licensing boards that meet appropriate standards, to provide for the establishment of those standards, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 23, 2020 

Mr. RASKIN (for himself, Mr. CICILLINE, and Mr. CONAWAY) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To provide immunity from liability under section 4 of the 

Clayton Act for damages in cases against occupational 

licensing boards that meet appropriate standards, to provide for the establishment of those standards, 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. 

4 This Act may be cited as the ‘‘Occupational Licensing 

5 Board Antitrust Damages Relief Act of 2020’’. 


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1 SEC. 2. IMMUNITY FROM LIABILITY FOR DAMAGES. 

2 (a) IMMUNITY.—No person may recover damages 

3 under section 4 of the Clayton Act (15 U.S.C. 15) from 

4 an occupational licensing board, or from any member, offi5 cer, employee, or agent of such board, for an action taken 

6 in the official capacity of such board or the individual in7 volved, if the requirements specified in section 3 are satis8 fied with respect to such board. 

9 (b) APPLICATION TO CASES.—Subsection (a) shall 

10 not apply to a case commenced before the date of enact11 ment of this Act unless it would be inequitable not to apply 

12 such subsection to such case. 

13 SEC. 3. STATE BOARD OVERSIGHT PROVISIONS REQUIRED 

14 FOR IMMUNITY UNDER THIS ACT. 

15 For purposes of receiving immunity from liability for 

16 damages specified in section 2, an occupational licensing 

17 board referred to in such section shall be established in 

18 a State that requires that— 

19 (1) such State have in effect a law that— 

20 (A) requires an occupational license to en21 gage in or practice the occupation regulated by 

22 the such board, 

23 (B) specifies the qualifications required to 

24 be met to obtain such license, and 

25 (C) requires that the licensee adhere to the 

26 applicable standards of practice and ethical 


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1 standards to engage in or practice such occupa2 tion, 

3 (2) all members of such board be appointed or 

4 assigned by the chief executive officer, the legisla5 ture, or other elected officer of such State, 

6 (3) the such board include public representa7 tion, and 

8 (4) such State or such board has in effect a 

9 mechanism under which a person aggrieved by an 

10 action of such board has the right— 

11 (A) to contest such action at a hearing be12 fore such board at which such person may pro13 vide evidence, argument, and analysis, 

14 (B) to review, at a reasonable time before 

15 the hearing, all evidence that such board gath16 ers relating to such action, 

17 (C) to receive a final reasoned decision in 

18 writing from such board within a reasonable pe19 riod after the hearing, and 

20 (D) to appeal an adverse decision of such 

21 board to an independent adjudicator, including 

22 a court. 

23 SEC. 4. DEFINITIONS. 

24 In this Act: 


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1 (1) OCCUPATIONAL LICENSE.—The term ‘‘occu2 pational license’’ means a nontransferable State3 issued authorization to perform an occupation. 

4 (2) OCCUPATIONAL LICENSING BOARD.—The 

5 term ‘‘occupational licensing board’’ means an entity 

6 established under State law— 

7 (A) for the express purpose of regulating 

8 the qualifications required for a person to en9 gage in or practice an occupation in such State, 

10 and 

11 (B) that has authority conferred by such 

12 law to interpret or enforce the laws and regula13 tions of such State applicable to regulating such 

14 qualifications. 

15 (3) PERSON.—The term ‘‘person’’ has the 

16 meaning given such term in subsection (a) of the 1st 

17 section of the Clayton Act (15 U.S.C. 12(a)). 

18 (4) STATE.—The term ‘‘State’’ means any of 

19 the several States, the District of Columbia, or a 

20 territory or possession of the United States. 

Æ 


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