I
106TH CONGRESS
2D SESSION
H. R. 4514
To strengthen the standards by which the Surface Transportation Board
reviews railroad mergers, and to apply the Federal antitrust laws to
rail carriers and railroad transportation.
IN THE HOUSE OF REPRESENTATIVES
MAY 22, 2000
Mr. POMEROY introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To strengthen the standards by which the Surface Transpor-
tation Board reviews railroad mergers, and to apply the
Federal antitrust laws to rail carriers and railroad trans-
portation.
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 ‘‘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 in-
serting ‘‘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 car-
riers;
‘‘(2) will not reduce transportation alternatives
available to current railroad customers;
‘‘(3) will provide additional transportation alter-
native 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. Ap-
plication of the antitrust laws pursuant to the pre-
vious sentence shall not limit or affect the avail-
ability of remedies under this part’’ after ‘‘is exclu-
sive’’; 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 ju-
risdiction; 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