Rail Merger Reform and Customer Protection Act

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rail Merger Reform and Customer 
Protection Act''.

SEC. 2. SURFACE TRANSPORTATION BOARD REVIEW.

    Section 11324(c) of title 49, United States Code, is amended by 
striking ``public interest. The Board'' and inserting ``public 
interest, except that no transaction shall be approved and authorized 
under this section unless the Board finds that the transaction--
            ``(1) will increase competition among rail carriers;
            ``(2) will not reduce transportation alternatives available 
        to current railroad customers;
            ``(3) will provide additional transportation alternative 
        options for railroad customers;
            ``(4) will improve service to customers; and
            ``(5) is in conformity with the antitrust laws.
The Board shall consult with the Attorney General, and may not make a 
finding under paragraph (5) unless the Attorney General agrees with the 
finding. The Board''.

SEC. 3. SURFACE TRANSPORTATION BOARD JURISDICTION.

    (a) Amendments.--Section 10501(b) of title 49, United States Code, 
is amended--
            (1) by inserting ``, except that rail carriers and rail 
        transportation subject to the jurisdiction of the Board shall 
        also be subject to the antitrust laws. Application of the 
        antitrust laws pursuant to the previous sentence shall not 
        limit or affect the availability of remedies under this part'' 
        after ``is exclusive''; and
            (2) by inserting ``other than the antitrust laws'' after 
        ``Federal or State law''.
    (b) Effect of Prior Orders.--Section 10501 of title 49, United 
States Code, is further amended by adding at the end the following new 
subsection:
    ``(d) All orders, determinations, rules, regulations, permits, 
contracts, certificates, licenses, and privileges--
            ``(1) which have been issued, made, granted, or allowed to 
        become effective by any agency or official thereof pursuant to 
        chapter 113, or any predecessor statutory provisions, or by a 
        court of competent jurisdiction; and
            ``(2) which are in effect as of the date of the enactment 
        of the Rail Merger Reform and Customer Protection Act,
shall continue in effect according to their terms until modified, 
terminated, superseded, set aside, or revoked by the agency, official, 
or court.''.
    (c) Definition.--Section 10102 of title 49, United States Code, is 
amended--
            (1) by redesignating paragraphs (1) through (10) as 
        paragraphs (2) through (11), respectively; and
            (2) by inserting before paragraph (2), as so redesignated, 
        the following new paragraph:
            ``(1) `antitrust laws' has the meaning given it in 
        subsection (a) of the first section of the Clayton Act (15 
        U.S.C. 12(a)), except that such term includes section 5 of the 
        Federal Trade Commission Act (15 U.S.C. 45) to the extent such 
        section 5 applies to unfair methods of competition;''.

SEC. 4. RATE AGREEMENTS.

    (a) Amendments.--Section 10706 of title 49, United States Code, is 
amended--
            (1) in the section heading, by striking ``: exemption from 
        antitrust laws'';
            (2) in subsection (a)(2)(A), by striking ``, and the 
        Sherman Act'' and all that follows through ``carrying out the 
        agreement'';
            (3) in subsection (a)(3)(B)(ii), by striking ``a Federal 
        law cited in subsection (a)(2)(A) of this section'' and 
        inserting ``the antitrust laws'';
            (4) by striking the second sentence of subsection (a)(4);
            (5) in subsection (a)(5)(A), by striking ``, and the 
        antitrust laws'' and all that follows through ``carrying out 
        the agreement'';
            (6) by striking the second sentence of subsection (d); and
            (7) by striking subsection (e).
    (b) Conforming Amendment.--The table of sections for chapter 107 of 
title 49, United States Code, is amended by striking ``: exemption from 
antitrust laws'' in the item relating to section 10706.

SEC. 5. SCOPE OF AUTHORITY.

    Section 11321(a) of title 49, United States Code, is amended--
            (1) by inserting ``, except that rail carriers and rail 
        transportation subject to the jurisdiction of the Board shall 
        also be subject to the antitrust laws'' after ``is exclusive'';
            (2) by striking ``the antitrust laws and from''; and
            (3) by inserting ``except for the antitrust laws,'' after 
        ``and municipal law,''.

SEC. 6. ELECTION OF REMEDIES.

    Section 11701 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) A person proceeding against a rail carrier pursuant to 
subsection (b) may not proceed against the same rail carrier pursuant 
to other Federal or State law, and a person proceeding against a rail 
carrier under other Federal or State law may not proceed against a rail 
carrier pursuant to subsection (b), with respect to the same claim.''.

SEC. 7. CLAYTON ACT AMENDMENTS.

    The Clayton Act is amended--
            (1) in section 7 (15 U.S.C. 18)--
                    (A) by striking ``Nor shall anything herein'' and 
                all that follows through ``therein is so acquired.''; 
                and
                    (B) by striking ``Surface Transportation Board,'';
            (2) in section 11 (15 U.S.C. 21), by striking ``in the 
        Surface Transportation Board where applicable to common 
        carriers subject to jurisdiction under subtitle IV of title 49, 
        United States Code;''; and
            (3) in section 16 (15 U.S.C. 26), by striking
        ``: Provided, That nothing'' and all that follows through 
        ``title 49, United States Code''.

Summary: Declares that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws. Repeals the exemption of rate agreements from the Sherman Act, the Clayton Act, the Federal Trade Commission Act and specified parts of the Wilson Tariff Act . Repeals the mandate that the Federal Trade Commission report to the Board periodically on possible anticompetitive features of approved rate agreements, or agreements submitted for approval, and any organization operating under such agreements. Prohibits a person proceeding against a rail carrier in a complaint before the Board from proceeding against the same rail carrier pursuant to other Federal or State law, and vice versa. Amends the Clayton Act to conform with this Act.