I 
115TH CONGRESS 
2D SESSION 
H. R. 6515 
To limit private antitrust damages against occupational licensing boards, 
to promote beneficial reforms of State occupational licensing, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2018 
Mr. CONAWAY introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Education 
and the Workforce, 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 limit private antitrust damages against occupational li-
censing boards, to promote beneficial reforms of State 
occupational licensing, 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 ‘‘Occupational Licensing 
Board Antitrust Damages Relief and Reform Act of 
2018’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) CERTIFICATION.—The term ‘‘certification’’ 
means a voluntary program under which— 
(A) a private organization (in the case of 
private certification) or the government of a 
State (in the case of government certification) 
authorizes an individual who meets certain per-
sonal qualifications to use ‘‘certified’’ as a des-
ignated title with respect to the performance of 
a lawful occupation; and 
(B) a noncertified individual may perform 
the lawful occupation for compensation but may 
not use the title ‘‘certified’’. 
(2) 
MEMBER, 
OFFICER, 
EMPLOYEE, 
OR 
AGENT.—The term ‘‘member, officer, employee, or 
agent’’, with respect to an occupational licensing 
board, means an individual appointed by, to, or em-
ployed by the occupational licensing board. 
(3) 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 State govern-
ment. 
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(4) OCCUPATIONAL
LICENSING
BOARD.—The 
term ‘‘occupational licensing board’’ or ‘‘board’’ 
means an entity established under State law— 
(A) the express purpose of which is to reg-
ulate the personal qualifications required to en-
gage in or practice a particular lawful occupa-
tion; and 
(B) that has authority conferred by State 
law to interpret or enforce the occupational reg-
ulations of the State. 
(5) OCCUPATIONAL
REGULATION.—The term 
‘‘occupational regulation’’— 
(A) means a statute, rule, regulation, prac-
tice, policy, or law that sets educational, exam-
ination, training and/or experience requirements 
to authorize an individual to work in a lawful 
occupation; 
(B) includes any statute, rule, regulation, 
practice, policy, or law requiring certification or 
an occupational license; 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 requirement or restriction substantially 
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burdens an individual’s ability to work in a law-
ful occupation. 
(6) WIDELY
REGULATED
OCCUPATION.—The 
term ‘‘widely regulated occupation’’ means an occu-
pation in which forty (40) or more States require an 
occupational license to engage in such occupation. 
(7) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, and any 
territory or possession of the United States. 
SEC. 3. PRIVATE ANTITRUST DAMAGES. 
(a) IN GENERAL.—No damages, or interest on dam-
ages, may be recovered under section 4, 4A or 4C of the 
Clayton Act (15 U.S.C. 15, 15a, or 15c) by any person, 
except for any State, instrumentality of a State, or em-
ployee of a State or instrumentality of a State acting in 
his or her official capacity, from an occupational licensing 
board, or any member, officer, employee, or agent of a 
board, acting in their official capacity, if— 
(1) the State— 
(A) has enacted a law requiring an occupa-
tional license to practice the lawful occupation 
regulated by the occupational licensing board; 
(B) has set forth criteria outlining any 
personal qualifications necessary to obtain an 
occupational license and has required that li-
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censees adhere to standards of practice and eth-
ical standards in the performance of regulated 
lawful occupations; and 
(C) has found that— 
(i) the public needs, and can be rea-
sonably expected to benefit from, occupa-
tional licensing of the lawful occupation; 
and 
(ii) the unlicensed conduct of the law-
ful occupation would harm or endanger the 
health, safety, or welfare of the public; 
(2) an occupation licensed by an occupational li-
censing board— 
(A) is a widely regulated occupation; or 
(B)(i) is not a widely regulated occupation 
and the State has implemented a periodic sun-
set review process of the occupational licensing 
board with regard to that occupation; and (ii) 
if previously unregulated by the State, the State 
has implemented a sunrise review process of the 
occupational licensing board with regard to its 
regulation of that newly-licensed occupation; 
(3) the chief executive, legislature, or other 
elected officer of the State— 
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(A) has appointed all members of the occu-
pational licensing board; and 
(B) has required public representation on 
the occupational licensing board; and 
(4) the State or the occupational licensing 
board has established a mechanism under which any 
person aggrieved by an action of the occupational li-
censing board has the right to— 
(A) contest such action at a hearing before 
the occupational licensing board at which the 
individual may provide evidence, argument, and 
analysis; 
(B) review, at a reasonable time before the 
hearing, all evidence that the occupational li-
censing board has gathered relating to the con-
tested action; 
(C) receive a final reasoned decision in 
writing from the occupational licensing board 
within a reasonable period after the hearing; 
and 
(D) appeal an adverse decision of the occu-
pational licensing board to an independent ad-
judicator, including judicial review. 
(b) APPLICABILITY.—This section shall not apply to 
any case commenced before the date of enactment of this 
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Act, unless it would be inequitable not to apply this section 
to a pending action. 
(c) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to modify or impair the applicability 
or availability of— 
(1) relief pursuant to section 4A or 4C of the 
Clayton Act (15 U.S.C. 15a, 15c); 
(2) injunctive relief pursuant to section 16 of 
the Clayton Act (15 U.S.C. 26); 
(3) equitable monetary or injunctive relief pur-
suant to section 13(b) of the Federal Trade Com-
mission Act (15 U.S.C. 53(b)); or 
(4) the ability of any person to recover the cost 
of the suit, including a reasonable attorney’s fee, 
under section 4 of the Clayton Act (15 U.S.C. 15). 
(d) SAVINGS CLAUSE.—The immunity from damages, 
or interest on damages, that is provided to members, offi-
cers, employees, or agents of an occupational licensing 
board of a State under subsection (a) shall not apply to 
any action unrelated to their official capacity, such as im-
plementing rules governing minimum prices or fees. 
SEC. 4. STATE LICENSING STUDIES TO BE CONDUCTED. 
Not later than 120 days after the date of enactment 
of this Act, the Comptroller General of the United States 
shall submit to Congress a report on— 
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(1) how States can best address occupational li-
censing reform, particularly for those occupations 
that are not directly related to protecting the health, 
safety, or welfare of the public, including rec-
ommendations on how States can weigh the costs 
and benefits of occupational licensing against those 
of less restrictive alternatives, such as certification 
and other approaches; 
(2) how States can conduct comprehensive cost- 
benefit assessments of occupational regulations and 
occupational licensing boards through sunrise re-
views and periodic sunset reviews; 
(3) how States can implement policies to sup-
port occupational licensing uniformity and occupa-
tional license portability, including streamlined li-
censing portability programs for veterans and mili-
tary service members and spouses; and 
(4) how occupational licensing requirements af-
fect low-income workers, the unemployed, immi-
grants with work authorizations, and individuals 
with criminal records. 
SEC. 5. RULE OF CONSTRUCTION. 
Except as provided in section 3, nothing in this Act 
shall be construed to modify or impair the applicability 
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