[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 526 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 526

To amend title 49, United States Code, to provide that rail agreements 
  and transactions subject to approval by the Surface Transportation 
Board are no longer exempt from the application of the antitrust laws, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 2001

 Mr. Dorgan (for himself and Mr. Rockefeller) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to provide that rail agreements 
  and transactions subject to approval by the Surface Transportation 
Board are no longer exempt from the application of the antitrust laws, 
                        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 ``Rail Competition Enforcement Act of 
2001''.

SEC. 2. TERMINATION OF EXEMPTION.

    (a) In General.--Section 10706 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(A), by striking ``, and the 
                Sherman Act (15 U.S.C. 1, et seq.),'' and all that 
                follows through ``or carrying out the agreement'' in 
                the third sentence;
                    (B) in paragraph (4)--
                            (i) by striking the second sentence; and
                            (ii) by striking ``However, the'' in the 
                        third sentence and inserting ``The''; and
                    (C) in paragraph (5)(A), by striking ``, and the 
                antitrust laws set forth in paragraph (2) of this 
                subsection do not apply to parties and other persons 
                with respect to making or carrying out the agreement''; 
                and
            (2) by striking subsection (e) and inserting the following:
    ``(e) Application of Antitrust Laws.--
            ``(1) In general.--Nothing in this section exempts a 
        proposed agreement described in subsection (a) from the 
        application of the Sherman Act (15 U.S.C. 1 et seq.), the 
        Clayton Act (15 U.S.C. 12, 14 et seq.), the Federal Trade 
        Commission Act (15 U.S.C. 41 et seq.), section 73 or 74 of the 
        Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of June 19, 
        1936 (15 U.S.C. 13, 13a, 13b, 21a).
            ``(2) Antitrust analysis to consider impact.--In reviewing 
        any such proposed agreement for the purpose of any provision of 
        law described in paragraph (1), the Board and any other 
        reviewing agency shall take into account, among any other 
        considerations, the impact of the proposed agreement on 
        shippers and on affected communities.''.
    (b) Combinations.--Section 11321 of title 49, United States Code, 
is amended--
            (1) in subsection (a)--
                    (A) by striking ``The authority'' in the first 
                sentence and inserting ``Except as provided in section 
                11 of the Clayton Act (15 U.S.C. 21(a)), the 
                authority''; and
                    (B) by striking ``is exempt from the antitrust laws 
                and from all other law,'' in the third sentence and 
                inserting ``is exempt from all other law (except the 
                antitrust laws referred to in subsection (c)),''; and
            (2) by adding at the end the following:
    ``(c) Application of Antitrust Laws.--
            ``(1) In general.--Nothing in this section exempts a 
        transaction described in subsection (a) from the application of 
        the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 
        U.S.C. 12, 14 et seq.), the Federal Trade Commission Act (15 
        U.S.C. 41 et seq.), section 73 or 74 of the Wilson Tariff Act 
        (15 U.S.C. 8 and 9), or the Act of June 19, 1936 (15 U.S.C. 13, 
        13a, 13b, 21a).
            ``(2) Antitrust analysis to consider impact.--In reviewing 
        any such transaction for the purpose of any provision of law 
        described in paragraph (1), the Board and any other reviewing 
        agency shall take into account, among any other considerations, 
        the impact of the transaction on shippers and on affected 
        communities.''.
    (c) Clayton Act.--
            (1) Application of act.--Section 7 of the Clayton Act (15 
        U.S.C. 18) is amended by striking ``Surface Transportation 
        Board,'' in the last paragraph of that section.
            (2) FTC enforcement.--Section 11(a) of the Clayton Act (15 
        U.S.C. 21(a)) is amended by striking ``subject to 
        jurisdiction'' and all that follows through the first semicolon 
        and inserting ``subject to jurisdiction under subtitle IV of 
        title 49, United States Code (except for agreements described 
        in section 10706 of that title and transactions described in 
        section 11321 of that title);''.
    (d) Conforming Amendments.--
            (1) The heading for section 10706 of title 49, United 
        States Code, is amended to read as follows:
``Sec. 10706. Rate agreements''.
            (2) The item relating to such section in the chapter 
        analysis at the beginning of chapter 107 of such title is 
        amended to read as follows:

``10706. Rate agreements.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 shall apply to any agreement or 
transaction referred to in section 10706 or 11321, respectively, of 
title 49, United States Code, that is submitted to the Surface 
Transportation Board after December 31, 2001.
                                 <all>