In the Senate of the United States,
November 28, 1995.
Resolved, That the bill from the House of Representa-
tives (H.R. 2539) entitled ‘‘An Act to abolish the Interstate
Commerce Commission, to amend subtitle IV of title 49,
United States Code, to reform economic regulation of trans-
portation, and for other purposes’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Interstate Commerce
Commission Sunset Act of 1995’’.
SEC. 2. AMENDMENT OF TITLE 49.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
other provision of title 49, United States Code.
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SEC. 3. TABLE OF SECTIONS.
The table of sections for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Amendment of title 49.
Sec. 3. Table of sections.
TITLE I—TERMINATION OF THE INTERSTATE COMMERCE COMMIS-
SION AND FEDERAL MARITIME COMMISSION; REPEAL OF OBSO-
LETE AND UNNECESSARY PROVISIONS OF LAW
SUBTITLE A—TERMINATIONS
Sec. 101. Agency terminations.
Sec. 102. Savings provisions.
Sec. 103. References to the ICC in other laws.
Sec. 104. Transfer of functions.
Sec. 105. References to the FMC in other laws.
SUBTITLE B—REPEAL OF OBSOLETE, ETC., PROVISIONS
Sec. 121. Repeal of provisions.
Sec. 122. Coverage of certain entities under other, unrelated Acts not affected.
TITLE II—INTERMODAL SURFACE TRANSPORTATION BOARD
SUBTITLE A—ORGANIZATION
Sec. 201. Amendment to subchapter I.
Sec. 202. Administrative support.
Sec. 203. Reorganization.
Sec. 204. Transition plan for Federal Maritime Commission functions.
SUBTITLE B—ADMINISTRATIVE
Sec. 211. Powers.
Sec. 212. Commission action.
Sec. 213. Service of notice in Commission proceedings.
Sec. 214. Service of process in court proceedings.
Sec. 215. Study on the authority to collect charges.
Sec. 216. Federal Highway Administration rulemaking.
Sec. 217. Transport vehicles for off-road, competition vehicles.
Sec. 218. Destruction of motor vehicles or motor vehicle facilities; wrecking trains.
TITLE III—RAIL AND PIPELINE TRANSPORTATION
Sec. 301. General changes in references to Commission, etc.
Sec. 302. Rail transportation policy.
Sec. 303. Definitions.
Sec. 304. General jurisdiction.
Sec. 305. Railroad and water transportation connections and rates.
Sec. 306. Authority to exempt rail carrier and motor carrier transportation.
Sec. 307. Standards for rates, classifications, etc.
Sec. 308. Standards for rates for rail carriers.
Sec. 309. Authority for carriers to establish rates, classifications, etc.
Sec. 310. Authority for carriers to establish through routes.
Sec. 311. Authority and criteria for prescribed rates, classifications, etc.
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Sec. 312. Authority for prescribed through routes, joint classifications, etc.
Sec. 313. Antitrust exemption for rate agreements.
Sec. 314. Investigation and suspension of new rail rates, etc.
Sec. 315. Zone of rail carrier rate flexibility.
Sec. 316. Investigation and suspension of new pipeline carrier rates, etc.
Sec. 317. Determination of market dominance.
Sec. 318. Contracts.
Sec. 319. Government traffic.
Sec. 320. Rates and liability based on value.
Sec. 321. Prohibitions against discrimination by common carriers.
Sec. 322. Facilities for interchange of traffic.
Sec. 323. Liability for payment of rates.
Sec. 324. Continuous carriage of freight.
Sec. 325. Transportation services or facilities furnished by shipper.
Sec. 326. Demurrage charges.
Sec. 327. Transportation prohibited without tariff.
Sec. 328. General elimination of tariff filing requirements.
Sec. 329. Designation of certain routes.
Sec. 330. Authorizing construction and operation of railroad lines.
Sec. 331. Authorizing action to provide facilities.
Sec. 332. Authorizing abandonment and discontinuance.
Sec. 333. Filing and procedure for applications to abandon or discontinue.
Sec. 334. Exceptions.
Sec. 335. Railroad development.
Sec. 336. Providing transportation, service, and rates.
Sec. 337. Use of terminal facilities.
Sec. 338. Switch connections and tracks.
Sec. 339. Criteria.
Sec. 340. Rerouting traffic on failure of rail carrier to serve public.
Sec. 341. Directed rail transportation.
Sec. 342. War emergencies; embargoes.
Sec. 343. Definitions for subchapter III.
Sec. 344. Depreciation charges.
Sec. 345. Records, etc.
Sec. 346. Reports by carriers, lessors, and associations.
Sec. 347. Accounting and cost reporting.
Sec. 348. Securities, obligations, and liabilities.
Sec. 349. Equipment trusts.
Sec. 350. Restrictions on officers and directors.
Sec. 351. Limitation on pooling and division of transportation or earnings.
Sec. 352. Consolidation, merger, and acquisition of control.
Sec. 353. General procedure and conditions of approval for consolidation, etc.
Sec. 354. Rail carrier procedure for consolidation, etc.
Sec. 355. Employee protective arrangements.
Sec. 356. Authority over noncarrier acquirers.
Sec. 357. Authority over intrastate transportation.
Sec. 358. Tax discrimination against rail transportation property.
Sec. 359. Withholding State and local income tax by certain carriers.
Sec. 360. General authority for enforcement, investigations, etc.
Sec. 361. Enforcement.
Sec. 362. Attorney General enforcement.
Sec. 363. Rights and remedies.
Sec. 364. Limitation on actions.
Sec. 365. Liability of common carriers under receipts and bills of lading.
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Sec. 366. Liability when property is delivered in violation of routing instruc-
tions.
Sec. 367. General civil penalties.
Sec. 368. Civil penalty for accepting rebates from common carrier.
Sec. 369. Rate, discrimination, and tariff violations.
Sec. 370. Additional rate and discrimination violations.
Sec. 371. Interference with railroad car supply.
Sec. 372. Record keeping and reporting violations.
Sec. 373. Unlawful disclosure of information.
Sec. 374. Consolidation, merger, and acquisition of control.
Sec. 375. General criminal penalty.
Sec. 376. Financial assistance for State projects.
Sec. 377. Status of AMTRAK and applicable laws.
Sec. 378. Rail-shipper Transportation Advisory Council.
TITLE IV—MOTOR CARRIER, WATER CARRIER, BROKER, AND
FREIGHT FORWARDER TRANSPORTATION
SUBTITLE A—ADDITION OF PART B
Sec. 401. Enactment of part B of subtitle IV, title 49, United States Code.
SUBTITLE B—MOTOR CARRIER REGISTRATION AND INSURANCE REQUIREMENTS
Sec. 451. Amendment of section 31102.
Sec. 452. Amendment of section 31138.
Sec. 453. Self-insurance rules.
Sec. 454. Safety fitness of owners and operators.
TITLE V—AMENDMENTS TO OTHER LAWS
Sec. 501. Federal Election Campaign Act of 1971.
Sec. 502. Agricultural Adjustment Act of 1938.
Sec. 503. Agricultural Marketing Act of 1946.
Sec. 504. Animal Welfare Act.
Sec. 505. Title 11, United States Code.
Sec. 506. Clayton Act.
Sec. 507. Consumer Credit Protection Act.
Sec. 508. National Trails System Act.
Sec. 509. Title 18, United States Code.
Sec. 510. Internal Revenue Code of 1986.
Sec. 511. Title 28, United States Code.
Sec. 512. Migrant and Seasonal Agricultural Worker Protection Act.
Sec. 513. Title 39, United States Code.
Sec. 514. Energy Policy Act of 1992.
Sec. 515. Railway Labor Act.
Sec. 516. Railroad Retirement Act of 1974.
Sec. 517. Railroad Unemployment Insurance Act.
Sec. 518. Emergency Rail Services Act of 1970.
Sec. 519. Regional Rail Reorganization Act of 1973.
Sec. 520. Railroad Revitalization and Regulatory Reform Act of 1976.
Sec. 521. Alaska Railroad Transfer Act of 1982.
Sec. 522. Merchant Marine Act, 1920.
Sec. 523. Service Contract Act of 1965.
Sec. 524. Federal Aviation Administration Authorization Act of 1994.
Sec. 525. Fiber drum packaging.
Sec. 526. Termination of certain maritime authority.
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Sec. 527. Certain commercial space launch activities.
Sec. 528. Use of highway funds for Amtrak-related projects and activities.
Sec. 529. Violation of grade-crossing laws and regulations.
TITLE VI—AUTHORIZATION
Sec. 601. Authorization of appropriations.
TITLE VII—MISCELLANEOUS PROVISION
Sec. 701. Pay of Members of Congress and the President during Government shut-
downs.
TITLE VIII—EFFECTIVE DATE
Sec. 801. Effective Date.
TITLE I—TERMINATION OF THE
INTERSTATE 
COMMERCE
COMMISSION AND FEDERAL
MARITIME COMMISSION; RE-
PEAL OF OBSOLETE AND UN-
NECESSARY PROVISIONS OF
LAW
Subtitle A—Terminations
SEC. 101. AGENCY TERMINATIONS.
(a) INTERSTATE COMMERCE COMMISSION.—Upon the
transfer of functions under this Act to the Intermodal Sur-
face Transportation Board and to the Secretary of Trans-
portation, the Interstate Commerce Commission shall ter-
minate.
(b) FEDERAL MARITIME COMMISSION.—Effective Jan-
uary 1, 1997, the Federal Maritime Commission shall ter-
minate.
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SEC. 102. SAVINGS PROVISIONS.
(a) IN GENERAL.—All orders, determinations, rules,
regulations, licenses, and privileges which are in effect at
the time this Act takes effect, shall continue in effect accord-
ing to their terms, insofar as they involve regulatory func-
tions to be retained by this Act, until modified, terminated,
superseded, set aside, or revoked in accordance with law by
the Transportation Board (to the extent they involve the
functions transferred to the Intermodal Surface Transpor-
tation Board under this Act) or by the Secretary (to the
extent they involve functions transferred to the Secretary
under this Act), or by a court of competent jurisdiction,
or by operation of law.
(b) PROCEEDINGS; APPLICATIONS.—
(1) The provisions of this Act shall not affect
any proceedings or any application for any license
pending before the Interstate Commerce Commission
at the time this Act takes effect, insofar as those func-
tions are retained and transferred by this Act; but
such proceedings and applications, to the extent that
they relate to functions so transferred, shall be contin-
ued. Orders shall be issued in such proceedings, ap-
peals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this Act had not
been enacted; and orders issued in any such proceed-
ings shall continue in effect until modified, termi-
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nated, superseded, or revoked by a duly authorized of-
ficial, by a court of competent jurisdiction, or by op-
eration of law. Nothing in this subsection shall be
deemed to prohibit the discontinuance or modification
of any such proceeding under the same terms and
conditions and to the same extent that such proceed-
ing could have been discontinued or modified if this
Act had not been enacted.
(2) The Transportation Board and the Secretary
are authorized to provide for the orderly transfer of
pending proceedings from the Interstate Commerce
Commission.
(c) ACTIONS IN LAW COMMENCED BEFORE ENACT-
MENT.—Except as provided in subsection (e)—
(1) the provisions of this Act shall not affect
suits commenced prior to the date this Act takes effect,
and,
(2) in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same
manner and effect as if this Act had not been enacted.
(d) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—
No suit, action, or other proceeding commenced by or
against any officer in his official capacity as an officer of
the Interstate Commerce Commission shall abate by reason
of the enactment of this Act. No cause of action by or
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against the Interstate Commerce Commission, or by or
against any officer thereof in his official capacity, shall
abate by reason of enactment of this Act.
(e) SUBSTITUTION OF TRANSPORTATION BOARD AS
PARTY.—Any suit by or against the Interstate Commerce
Commission begun before enactment of this Act shall be con-
tinued, insofar as it involves a function retained and trans-
ferred under this Act, with the Transportation Board (to
the extent the suit involves functions transferred to the
Transportation Board under this Act) or the Secretary (to
the extent the suit involves functions transferred to the Sec-
retary under this Act) substituted for the Commission.
SEC. 103. REFERENCES TO THE ICC IN OTHER LAWS.
(a) FUNCTIONS.—With respect to any functions trans-
ferred by this Act and exercised after the effective date of
the Interstate Commerce Commission Sunset Act of 1995,
reference in any other Federal law to the Interstate Com-
merce Commission shall be deemed to refer to—
(1) the Intermodal Surface Transportation
Board, insofar as it involves functions transferred to
the Transportation Board by this Act; and
(2) the Secretary of Transportation, insofar as it
involves functions transferred to the Secretary by this
Act.
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(b) OTHER REFERENCES.—Any other reference in any
law, regulation, official publication, or other document to
the Interstate Commerce Commission as an agency of the
United States Government shall be treated as a reference
to the Transportation Board.
SEC. 104. TRANSFER OF FUNCTIONS.
(a) TO TRANSPORTATION BOARD.—Except as other-
wise provided in this Act and the amendments made by
this Act, those personnel, property, and records employed,
used, held, available, or to be made available in connection
with a function transferred to the Transportation Board
by this Act shall be transferred to the Transportation Board
for use in connection with the functions transferred, and
unexpended balances of appropriations, allocations, and
other funds of the Interstate Commerce Commission shall
also be transferred to the Transportation Board.
(b) TO SECRETARY.—Except as otherwise provided in
this Act and the amendments made by this Act, those per-
sonnel, property, and records employed, used, held, avail-
able, or to be made available in connection with a function
transferred to the Secretary by this Act shall be transferred
to the Secretary for use in connection with the functions
transferred.
(c) SEPARATED EMPLOYEES.—Notwithstanding all
other laws and regulations, the Department of Transpor-
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tation shall place all Interstate Commerce Commission em-
ployees separated from the Commission as a result of this
Act on the DOT reemployment priority list (competitive
service) or the priority employment list (excepted service).
SEC. 105. REFERENCES TO THE FMC IN OTHER LAWS.
Effective January 1, 1997, reference in any other Fed-
eral law to the Federal Maritime Commission shall be
deemed to refer to the Transportation Board.
Subtitle B—Repeal of Obsolete, Etc.,
Provisions
SEC. 121. REPEAL OF PROVISIONS.
The following provisions are repealed:
(1) Section 10101 (relating to transportation
policy) and the item relating thereto in the table of
sections of chapter 101 are repealed.
(2) Section 10322 (relating to Commission ac-
tion and appellate procedure in nonrail proceedings)
and the item relating thereto in the table of sections
of chapter 103 are repealed.
(3) Section 10326 (relating to limitations in
rulemaking proceedings related to rail carriers) and
the item relating thereto in the table of sections of
chapter 103 are repealed.
(4) Section 10327 (relating to Commission ac-
tion and appellate procedure in rail carrier proceed-
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ings) and the item relating thereto in the table of sec-
tions of chapter 103 are repealed.
(5) Section 10328 (relating to intervention) and
the item relating thereto in the table of sections of
chapter 103 are repealed.
(6) Subchapter III of chapter 103 (relating to
joint boards) and the items relating thereto in the
table of sections of such chapter are repealed.
(7)(A) Subchapter IV of chapter 103 (relating to
Rail Services Planning Office) and the items relating
thereto in the table of sections of such chapter are re-
pealed.
(B) Section 24505(b) of title 49, United States
Code, is amended to read as follows:
‘‘(b) OFFER REQUIREMENTS.—A commuter authority
making an offer under subsection (a)(2) of this section shall
show that it has obtained access to all rail property nec-
essary to provide the additional commuter rail passenger
transportation.’’.
(8) Subchapter V of chapter 103 (relating to Of-
fice of Rail Public Counsel) and the items relating
thereto in the table of sections of such chapter are re-
pealed.
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(9) Section 10502 (relating to express carrier
transportation) and the item relating thereto in the
table of sections of chapter 105 are repealed.
(10) Section 10504 (relating to exempt rail mass
transportation) and the item relating thereto in the
table of sections of such chapter are repealed.
(11) Subchapter II, III, and IV of chapter 105
(relating to freight forwarder service) and the items
relating thereto in the table of sections of such chapter
are repealed.
(12) Section 10705a (relating to joint rate sur-
charges and cancellations) and the item relating
thereto in the table of sections of chapter 107 are re-
pealed.
(13) Section 10710 (relating to elimination of
discrimination against recyclable materials) and the
item relating thereto in the table of sections of chapter
107 are repealed.
(14) Section 10711 (relating to effect of certain
sections on rail rates and practices) and the item re-
lating thereto in the table of sections of chapter 107
are repealed.
(15) Section 10712 (relating to inflation-based
rate increases) and the item relating thereto in the
table of sections of chapter 107 are repealed.
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(16) Subchapter II (relating to special cir-
cumstances) of chapter 107 (except for sections 10721
and 10730) and the items relating thereto in the table
of sections of chapter 107 (except for the subchapter
caption and the items relating to sections 10721 and
10730) are repealed.
(17) Section 10743 (relating to payment of
rates) and the item relating thereto in the table of sec-
tions of chapter 107 are repealed.
(18) Section 10746 (relating to transportation of
commodities manufactured or produced by a rail car-
rier) and the item relating thereto in the table of sec-
tions of chapter 107 are repealed.
(19) Section 10748 (relating to transportation of
livestock by rail carrier) and the item relating thereto
in the table of sections of chapter 107 are repealed.
(20) Section 10749 (relating to exchange of serv-
ices and limitation on use of common carriers by
household goods freight forwarders) and the item re-
lating thereto in the table of sections of chapter 107
are repealed.
(21) Section 10751 (relating to business enter-
tainment expenses) and the item relating thereto in
the table of sections of chapter 107 are repealed.
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(22) Section 10764 (relating to arrangements be-
tween carriers) and the item relating thereto in the
table of sections of chapter 107 are repealed.
(23) Section 10765 (relating to water transpor-
tation under arrangements with certain other car-
riers) and the item relating thereto in the table of sec-
tions of chapter 107 are repealed.
(24) Section 10766 (relating to freight forwarder
traffic agreements) and the item relating thereto in
the table of sections of chapter 107 are repealed.
(25) Section 10767 (relating to billing and col-
lecting practices) and the item relating thereto in the
table of sections of chapter 107 are repealed.
(26) Subchapter V of chapter 107 (relating to
valuation of property) and the items relating thereto
in the table of sections of chapter 107 are repealed.
(27)(A) Section 10908 (relating to discontinuing
or changing interstate train or ferry transportation)
and the item relating thereto in the table of sections
of chapter 109 are repealed.
(B) Subsection (d) of section 24705 of title 49,
United States Code, is repealed.
(28) Section 10909 (relating to discontinuing or
changing train or ferry transportation in one State)
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and the item relating thereto in the table of sections
of chapter 109 are repealed.
(29) Subchapter II (relating to other carriers
and motor carrier brokers) of chapter 109 and the
items relating thereto in the table of sections of chap-
ter 109 are repealed.
(30) Section 11102 (relating to classification of
carriers) and the item relating thereto in the table of
sections of chapter 111 are repealed.
(31) Section 11105 (relating to protective serv-
ices) and the item relating thereto in the table of sec-
tions of chapter 111 are repealed.
(32) Section 11106 (relating to identification of
motor vehicles) and the item relating thereto in the
table of sections of chapter 111 are repealed.
(33) Section 11107 (relating to leased motor ve-
hicles) and the item relating thereto in the table of
sections of chapter 111 are repealed.
(34) Section 11108 (relating to water carriers
subject to unreasonable discrimination in foreign
transportation) and the item relating thereto in the
table of sections of chapter 111 are repealed.
(35) Section 11109 (relating to loading and un-
loading motor vehicles) and the item relating thereto
in the table of sections of chapter 111 are repealed.
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(36) Section 11110 (relating to household goods
carrier operations) and the item relating thereto in
the table of sections of chapter 111 are repealed.
(37) Section 11111 (relating to use of citizen
band radios on buses) and the item relating thereto
in the table of sections of chapter 111 are repealed.
(38) Section 11126 (distribution of coal cars)
and the item relating thereto in the table of sections
of chapter 111 are repealed.
(39) Section 11127 (relating to service of house-
hold freight forwarders) and the item relating thereto
in the table of sections of chapter 111 are repealed.
(40) Section 11142 (relating to uniform account-
ing system for motor carriers) and the item relating
thereto in the table of sections of chapter 111 are re-
pealed.
(41) Section 11161 (relating to railroad account-
ing principles board) and the item relating thereto in
the table of sections of chapter 111 are repealed.
(42) Section 11162 (relating to cost accounting
principles) and the item relating thereto in the table
of sections of chapter 111 are repealed.
(43) Section 11163 (relating to implementation
of cost accounting principles) and the item relating
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thereto in the table of sections of chapter 111 are re-
pealed.
(44) Section 11164 (relating to certification of
rail carrier cost accounting systems) and the item re-
lating thereto in the table of sections of chapter 111
are repealed.
(45) Section 11167 (relating to report) and the
item relating thereto in the table of sections of chapter
111 are repealed.
(46) Section 11168 (relating to authorization of
appropriations) and the item relating thereto in the
table of sections of chapter 111 are repealed.
(47) Section 11304 (relating to security interest
in certain motor vehicles) and the item relating there-
to in the table of sections of chapter 113 are repealed.
(48) Section 11321 (relating to limitation on
ownership of certain water carriers) and the item re-
lating thereto in the table of sections for chapter 113
are repealed.
(49) Section 11323 (relating to limitation on
ownership of other carriers by household goods freight
forwarders) and the item relating thereto in the table
of sections for chapter 113 are repealed.
(50) Section 11345a (relating to motor carrier
procedures for consolidation, merger, and acquisition
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of control) and the item relating thereto in the table
of sections of chapter 113 are repealed.
(51) Section 11346 (relating to expedited rail
carrier procedures for consolidation, merger, and ac-
quisition of control) and the item relating thereto in
the table of sections of chapter 113 are repealed.
(52) Section 11349 (relating to temporary oper-
ating approval for transactions involving motor and
water carriers) and the item relating thereto in the
table of sections of chapter 113 are repealed.
(53) Section 11350 (relating to responsibility of
the Secretary of Transportation in certain trans-
actions) and the item relating thereto in the table of
sections of chapter 113 are repealed.
(54) Subchapter IV of chapter 113 (relating to
financial structure) and the items relating thereto in
the table of sections of chapter 113 are repealed.
(55) Section 11502 (relating to conferences and
joint hearings with State authorities) and the item re-
lating thereto in the table of sections of chapter 115
are repealed.
(56) Section 11503a (tax discrimination against
motor carrier transportation property) and the item
relating thereto in the table of sections of chapter 115
are repealed.
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(57) Section 11505 (relating to State action to
enjoin carriers from certain actions) and the item re-
lating thereto in the table of sections of chapter 115
are repealed.
(58) Section 11506 (relating to registration of
motor carriers by a State) and the item relating
thereto in the table of sections of chapter 115 are re-
pealed.
(59) Section 11507 (relating to prison-made
property governed by State law) and the item relating
thereto in the table of sections of chapter 115 are re-
pealed.
(60) Section 11704 (relating to action by a pri-
vate person to enjoin abandonment of service) and the
item relating thereto in the table of sections of chapter
117 are repealed.
(61) Section 11708 (relating to private enforce-
ment) and the item relating thereto in the table of sec-
tions of chapter 117 are repealed.
(62) Section 11709 (relating to liability for issu-
ance of securities by certain carriers) and the item re-
lating thereto in the table of sections of chapter 117
are repealed.
(63) Section 11711 (relating to dispute settle-
ment program for household goods carriers) and the
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item relating thereto in the table of sections of chapter
117 are repealed.
(64) Section 11712 (relating to tariff reconcili-
ation rules for motor common carriers of property)
and the item relating thereto in the table of sections
of chapter 117 are repealed.
(65) Section 11902a (relating to penalties for
violations of rules relating to loading and unloading
motor vehicles) and the item relating thereto in the
table of sections of chapter 119 are repealed.
(66) Section 11905 (relating to transportation of
passengers without charge) and the item relating
thereto in the table of sections of chapter 119 are re-
pealed.
(67) Section 11906 (relating to evasion of regula-
tion of motor carriers and brokers) and the item re-
lating thereto in the table of sections of chapter 119
are repealed.
(68) Section 11908 (relating to abandonment of
service by household goods freight forwarders) and the
item relating thereto in the table of sections of chapter
119 are repealed.
(69) Section 11911 (relating to issuance of secu-
rities, etc.) and the item relating thereto in the table
of sections of chapter 119 are repealed.
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(70) Section 11913a (relating to accounting
principles violations) and the item relating thereto in
the table of sections of chapter 119 are repealed.
(71) Section 11917 (relating to weight-bumping
in household goods transportation) and the item relat-
ing thereto in the table of sections of chapter 119 are
repealed.
SEC. 122. COVERAGE OF CERTAIN ENTITIES UNDER OTHER,
UNRELATED ACTS NOT AFFECTED.
Notwithstanding any provision of this Act, an entity
that is, or is treated as, an employer under the Railroad
Retirement Act, the Railroad Unemployment Insurance
Act, or the Railroad Retirement Tax Act under subtitle IV
of title 49, United States Code, as in effect on the day before
the date of enactment of this Act, shall continue to be cov-
ered as employers under those Acts.
TITLE 
II—INTERMODAL 
SUR-
FACE 
TRANSPORTATION
BOARD
Subtitle A—Organization
SEC. 201. AMENDMENT TO SUBCHAPTER I.
(a) AMENDMENT.—Subchapter I of chapter 103 is
amended to read as follows:
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such rate increase has or does not have market dominance
over the transportation to which the rate applies, or (B)
the proposed rate exceeds or does not exceed a reasonable
maximum.
‘‘(2)(A) If a rate increase authorized under this section
in any year results in a revenue-variable cost percentage
for the transportation to which the rate applies that is equal
to or greater than 20 percentage points above the revenue-
variable cost percentage applicable under section 10709(d)
of this title, the Transportation Board may on complaint
of an interested party, begin an investigation proceeding
to determine whether the proposed rate increase violates this
subtitle.
‘‘(B) In determining whether to investigate or not to
investigate any proposed rate increase that results in a rev-
enue-variable cost percentage for the transportation to
which the rate applies that is equal to or greater than the
percentage described in subparagraph (A) of this paragraph
(without regard to whether such rate increase is authorized
under this section), the Transportation Board shall set forth
its reasons therefor, giving due consideration to the follow-
ing factors:
‘‘(i) the amount of traffic which is transported at
revenues which do not contribute to going concern
value and efforts made to minimize such traffic;