Occupational Licensing Board Antitrust Damages Relief Act of 2020

Occupational Licensing Board Antitrust Damages Relief Act of 2020

This bill establishes immunity from antitrust liability for an official action taken by an occupational licensing board, or any member, officer, employee, or agent of the board, as long as specified requirements are met.

These requirements include that the board be established in a state where (1) all members of the board must be appointed or assigned by the chief executive officer, the legislature, or other elected officer of the state; (2) the board must include public representation; and (3) there is required to be a mechanism in effect under which a person aggrieved by an action of the board has the right to contest the action, review all evidence, receive a final decision in writing, and appeal an adverse decision to an independent adjudicator.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8680 Introduced in House (IH)]

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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.

    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 ``Occupational Licensing Board 
Antitrust Damages Relief Act of 2020''.

SEC. 2. IMMUNITY FROM LIABILITY FOR DAMAGES.

    (a) Immunity.--No person may recover damages under section 4 of the 
Clayton Act (15 U.S.C. 15) from an occupational licensing board, or 
from any member, officer, employee, or agent of such board, for an 
action taken in the official capacity of such board or the individual 
involved, if the requirements specified in section 3 are satisfied with 
respect to such board.
    (b) Application to Cases.--Subsection (a) shall not apply to a case 
commenced before the date of enactment of this Act unless it would be 
inequitable not to apply such subsection to such case.

SEC. 3. STATE BOARD OVERSIGHT PROVISIONS REQUIRED FOR IMMUNITY UNDER 
              THIS ACT.

    For purposes of receiving immunity from liability for damages 
specified in section 2, an occupational licensing board referred to in 
such section shall be established in a State that requires that--
            (1) such State have in effect a law that--
                    (A) requires an occupational license to engage in 
                or practice the occupation regulated by the such board,
                    (B) specifies the qualifications required to be met 
                to obtain such license, and
                    (C) requires that the licensee adhere to the 
                applicable standards of practice and ethical standards 
                to engage in or practice such occupation,
            (2) all members of such board be appointed or assigned by 
        the chief executive officer, the legislature, or other elected 
        officer of such State,
            (3) the such board include public representation, and
            (4) such State or such board has in effect a mechanism 
        under which a person aggrieved by an action of such board has 
        the right--
                    (A) to contest such action at a hearing before such 
                board at which such person may provide evidence, 
                argument, and analysis,
                    (B) to review, at a reasonable time before the 
                hearing, all evidence that such board gathers relating 
                to such action,
                    (C) to receive a final reasoned decision in writing 
                from such board within a reasonable period after the 
                hearing, and
                    (D) to appeal an adverse decision of such board to 
                an independent adjudicator, including a court.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Occupational license.--The term ``occupational 
        license'' means a nontransferable State-issued authorization to 
        perform an occupation.
            (2) Occupational licensing board.--The term ``occupational 
        licensing board'' means an entity established under State law--
                    (A) for the express purpose of regulating the 
                qualifications required for a person to engage in or 
                practice an occupation in such State, and
                    (B) that has authority conferred by such law to 
                interpret or enforce the laws and regulations of such 
                State applicable to regulating such qualifications.
            (3) Person.--The term ``person'' has the meaning given such 
        term in subsection (a) of the 1st section of the Clayton Act 
        (15 U.S.C. 12(a)).
            (4) State.--The term ``State'' means any of the several 
        States, the District of Columbia, or a territory or possession 
        of the United States.
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