US Congress House Bill 233 (Prior Session Legislation)

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Sponsorship: Moderate Partisan Bill (Democrat 19-3)
Status: Introduced on January 7 2009 - 25% progression, died in chamber
Action: 2010-11-30 - Placed on the Union Calendar, Calendar No. 399.
Text: Latest bill text (Introduced) [PDF]

Railroad Antitrust Enforcement Act of 2009 - Amends the Clayton Act to remove an exemption from coverage under the federal antitrust laws with respect to mergers and acquisitions involving rail carriers. Removes from the Surface Transportation Board (STB) the authority to enforce federal antitrust laws with respect to rail carriers (thus vesting such authority in the federal antitrust agencies). Removes: (1) the prohibition against a private party seeking injunctive relief against a rail carrier for a violation of the antitrust laws; and (2) the rail carrier exemption from the Federal Trade Commission (FTC) prohibition against unfair methods of competition. Amends federal transportation law to terminate the exemptions from antitrust laws for rail carriers, including mergers and acquisitions and ratemaking agreements. Requires the STB, when reviewing a proposed rate agreement, to take into account its impact upon shippers, consumers, and affected communities, and to make findings regarding such impact, which shall be made part of the administrative record. Makes federal antitrust laws applicable to rail carriers regardless of whether the carrier filed a rail carrier rate or whether a complaint challenging a rate is filed. Provides that, in any civil action against a rail carrier, the U.S. district court shall retain the discretion to defer to the jurisdiction of the STB. Sets forth an effective date for this Act as the date of enactment, but provides a 180-day grace period for conduct that was exempted under the antitrust laws before such date of enactment.

Railroad Antitrust Enforcement Act of 2009

Rep. Rodney Alexander [R-LA]	Sen. Tammy Baldwin [D-WI]	Rep. Melissa Bean [D-IL]	Rep. Marion Berry [D-AR]
Rep. Charles Boustany [R-LA]	Rep. Lloyd Doggett [D-TX]	Rep. Keith Ellison [D-MN]	Rep. John Fleming [R-LA]
Rep. Gabrielle Giffords [D-AZ]	Rep. Stephanie Herseth Sandlin [D-SD]	Rep. Sheila Jackson-Lee [D-TX]	Rep. Henry Johnson [D-GA]
Rep. Steve Kagen [D-WI]	Rep. Ron Kind [D-WI]	Rep. Charlie Melancon [D-LA]	Rep. Gwen Moore [D-WI]
Rep. Ed Perlmutter [D-CO]	Rep. Collin Peterson [D-MN]	Rep. Earl Pomeroy [D-ND]	Rep. Mike Ross [D-AR]
Rep. Vic Snyder [D-AR]	Rep. Timothy Walz [D-MN]

Date	Chamber	Action
2010-11-30		Placed on the Union Calendar, Calendar No. 399.
2010-11-30		Committee on Transportation discharged.
2010-11-30		Reported (Amended) by the Committee on Judiciary. H. Rept. 111-669, Part I.
2009-09-16		Ordered to be Reported (Amended) by Voice Vote.
2009-09-16		Committee Consideration and Mark-up Session Held.
2009-07-30		Forwarded by Subcommittee to Full Committee by Voice Vote .
2009-07-30		Subcommittee Consideration and Mark-up Session Held.
2009-05-19		Subcommittee Hearings Held.
2009-02-09		Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
2009-01-07		Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
2009-01-07		Referred to House Transportation and Infrastructure
2009-01-07		Referred to House Judiciary
2009-01-07		Referred to the Committee on the Judiciary, and in addition to the Committee on Transportation and Infrastructure, 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.

SB146 (Related) 2009-06-01 - Cloture motion on the motion to proceed withdrawn by unanimous consent in Senate. (consideration: CR S5908)

Type	Source
Summary	https://www.congress.gov/bill/111th-congress/house-bill/233/all-info
Text	https://www.congress.gov/111/bills/hr233/BILLS-111hr233ih.pdf
Text	https://www.congress.gov/111/bills/hr233/BILLS-111hr233rh.pdf