[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3159 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 18, 1996.
      Resolved, That the bill from the House of Representatives (H.R. 
3159) entitled ``An Act to amend title 49, United States Code, to 
authorize appropriations for fiscal years 1997, 1998, and 1999 for the 
National Transportation Safety Board, and for other purposes'', do pass 
with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

                        TITLE I--NTSB AMENDMENTS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Transportation Safety 
Board Amendments of 1996''.

SEC. 102. FOREIGN INVESTIGATIONS.

    Section 1114 of title 49, United States Code, is amended--
            (1) by striking ``(b) and (c)'' in subsection (a) and 
        inserting ``(b), (c), and (e)''; and
            (2) by adding at the end the following:
    ``(e) Foreign Investigations.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, neither the Board, nor any agency receiving information 
        from the Board, shall disclose records or information relating 
        to its participation in foreign aircraft accident 
        investigations; except that--
                    ``(A) the Board shall release records pertaining to 
                such an investigation when the country conducting the 
                investigation issues its final report or 2 years 
                following the date of the accident, whichever occurs 
                first; and
                    ``(B) the Board may disclose records and 
                information when authorized to do so by the country 
                conducting the investigation.
            ``(2) Safety recommendations.--Nothing in this subsection 
        shall restrict the Board at any time from referring to foreign 
        accident investigation information in making safety 
        recommendations.''.

SEC. 103. PROTECTION OF VOLUNTARY SUBMISSION OF INFORMATION.

    Section 1114(b) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(3) Protection of Voluntary Submission of Information.--
        Notwithstanding any other provision of law, neither the Board, 
        nor any agency receiving information from the Board, shall 
        disclose voluntarily provided safety-related information if 
        that information is not related to the exercise of the Board's 
        accident or incident investigation authority under this chapter 
        and if the Board finds that the disclosure of the information 
        would inhibit the voluntary provision of that type of 
        information.''.

SEC. 104. TRAINING.

    Section 1115 of title 49, United States Code, is amended by adding 
at the end the following:
            ``(d) Training of Board Employees and Others.--The Board 
        may conduct training of its employees in those subjects 
        necessary for the proper performance of accident investigation. 
        The Board may also authorize attendance at courses given under 
        this subsection by other government personnel, personnel of 
        foreign governments, and personnel from industry or otherwise 
        who have a requirement for accident investigation training. The 
        Board may require non-Board personnel to reimburse some or all 
        of the training costs, and amounts so reimbursed shall be 
        credited to the appropriation of the `National Transportation 
        Safety Board, Salaries and Expenses' as offsetting 
        collections.''.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    Section 1118(a) of title 49, United States Code, is amended--
            (1) by striking ``and''; and
            (2) by inserting before the period at the end of the first 
        sentence the following: ``, $42,400,00 for fiscal year 1997, 
        $44,400,000 for fiscal year 1998, and $46,600,000 for fiscal 
        year 1999.''.

                  TITLE II--INTERMODAL TRANSPORTATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Intermodal Safe Container 
Transportation Amendments Act of 1996''.

SEC. 202. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this title 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 of the United 
States Code.

SEC. 203. DEFINITIONS.

    Section 5901 (relating to definitions) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) except as otherwise provided in this chapter, the 
        definitions in sections 10102 and 13102 of this title apply.'';
            (2) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8), respectively; and
            (3) by inserting after paragraph (5) the following:
            ``(6) `gross cargo weight' means the weight of the cargo, 
        packaging materials (including ice), pallets, and dunnage.''.

SEC. 204. NOTIFICATION AND CERTIFICATION.

    (a) Prior Notification.--Subsection (a) of section 5902 (relating 
to prior notification) is amended--
            (1) by striking ``Before a person tenders to a first 
        carrier for intermodal transportation a'' and inserting ``If 
        the first carrier to which any'';
            (2) by striking ``10,000 pounds (including packing material 
        and pallets), the person shall give the carrier a written'' and 
        inserting ``29,000 pounds is tendered for intermodal 
        transportation is a motor carrier, the person tendering the 
        container or trailer shall give the motor carrier a'';
            (3) by striking ``trailer.'' and inserting ``trailer before 
        the tendering of the container or trailer.'';
            (4) by striking ``electronically.'' and inserting 
        ``electronically or by telephone.''; and
            (5) by adding at the end thereof the following: ``This 
        subsection applies to any person within the United States who 
        tenders a container or trailer subject to this chapter for 
        intermodal transportation if the first carrier is a motor 
        carrier.''.
    (b) Certification.--Subsection (b) of section 5902 (relating to 
certification) is amended to read as follows:
    ``(b) Certification.--
            ``(1) In general.--A person who tenders a loaded container 
        or trailer with an actual gross cargo weight of more than 
        29,000 pounds to a first carrier for intermodal transportation 
        shall provide a certification of the contents of the container 
        or trailer in writing, or electronically, before or when the 
        container or trailer is so tendered.
            ``(2) Contents of certification.--The certification 
        required by paragraph (1) shall include--
                    ``(A) the actual gross cargo weight;
                    ``(B) a reasonable description of the contents of 
                the container or trailer;
                    ``(C) the identity of the certifying party;
                    ``(D) the container or trailer number; and
                    ``(E) the date of certification or transfer of data 
                to another document, as provided for in paragraph (3).
            ``(3) Transfer of certification data.--A carrier who 
        receives a certification may transfer the information contained 
        in the certification to another document or to electric format 
        for forwarding to a subsequent carrier. The person transferring 
        the information shall state on the forwarded document the date 
        on which the data was transferred and the identity of the party 
        who performed the transfer.
            ``(4) Shipping documents.--For purposes of this chapter, a 
        shipping document, prepared by the person who tenders a 
        container or trailer to a first carrier, that contains the 
        information required by paragraph (2) meets the requirements of 
        paragraph (1).
            ``(5) Use of `Freight All Kinds' Term.--The term `Freight 
        All Kinds' or `FAK' may not be used for the purpose of 
        certification under section 5902(b) after December 31, 2000, as 
        a commodity description for a trailer or container if the 
        weight of any commodity in the trailer or container equals or 
        exceeds 20 percent of the total weight of the contents of the 
        trailer or container. This subsection does not prohibit the use 
        of the term after that date for rating purposes.
            ``(6) Separate document marking.--If a separate document is 
        used to meet the requirements of paragraph (1), it shall be 
        conspicuously marked `INTERMODAL CERTIFICATION'.
            ``(7) Applicability.--This subsection applies to any 
        person, domestic or foreign, who first tenders a container or 
        trailer subject to this chapter for intermodal transportation 
        within the United States.''.
    (c) Forwarding Certifications.--Subsection (c) of section 5902 
(relating to forwarding certifications to subsequent carriers) is 
amended--
            (1) by striking ``transportation.'' and inserting 
        ``transportation before or when the loaded intermodal container 
        or trailer is tendered to the subsequent carrier. If no 
        certification is received by the subsequent carrier before or 
        when the container or trailer is tendered to it, the subsequent 
        carrier may presume that no certification is required.''; and
            (2) by adding at the end thereof the following: ``If a 
        person inaccurately transfers the information on the 
        certification, or fails to forward the certification to a 
        subsequent carrier, then that person is liable to any person 
        who incurs any bond, fine, penalty, cost (including storage), 
        or interest for any such fine, penalty, cost (including 
        storage), or interest incurred as a result of the inaccurate 
        transfer of information or failure to forward the 
        certification. A subsequent carrier who incurs a bond, fine, 
        penalty, or cost (including storage), or interest as a result 
        of the inaccurate transfer of the information, or the failure 
        to forward the certification, shall have a lien against the 
        contents of the container or trailer under section 5905 in the 
        amount of the bond, fine, penalty, or cost (including storage), 
        or interest and all court costs and legal fees incurred by the 
        carrier as a result of such inaccurate transfer or failure.''.
    (d) Liability.--Section 5902 is amended by redesignating subsection 
(d) as subsection (e), and by inserting after subsection (c) the 
following:
    ``(d) Liability to Owner or Beneficial Owner.--If--
            ``(1) a person inaccurately transfers information on a 
        certification required by subsection (b)(1), or fails to 
        forward a certification to the subsequent carrier;
            ``(2) as a result of the inaccurate transfer of such 
        information or a failure to forward a certification, the 
        subsequent carrier incurs a bond, fine, penalty, or cost 
        (including storage), or interest; and
            ``(3) that subsequent carrier exercises its rights to a 
        lien under section 5905,

then that person is liable to the owner or beneficial owner, or to any 
other person paying the amount of the lien to the subsequent carrier, 
for the amount of the lien and all costs related to the imposition of 
the lien, including court costs and legal fees incurred in connection 
with it.''.
    (e) Nonapplication.--Subsection (e) of section 5902, as 
redesignated, is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively; and
            (2) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) The notification and certification requirements of 
        subsections (a) and (b) of this section do not apply to any 
        intermodal container or trailer containing consolidated 
        shipments loaded by a motor carrier if that motor carrier--
                    ``(A) performs the highway portion of the 
                intermodal movement; or
                    ``(B) assumes the responsibility for any weight-
                related fine or penalty incurred by any other motor 
                carrier that performs a part of the highway 
                transportation.''.

SEC. 205. PROHIBITIONS.

    Section 5903 (relating to prohibitions) is amended--
            (1) by inserting after ``person'' a comma and the 
        following: ``To whom section 5902(b) applies,'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Transporting Prior to Receiving Certification.--
            ``(1) Presumption.--If no certification is received by a 
        motor carrier before or when a loaded intermodal container or 
        trailer is tendered to it, the motor carrier may presume that 
        the gross cargo weight of the container or trailer is less than 
        29,001 pounds.
            ``(2) Copy of certification not required to accompany 
        container or trailer.--Notwithstanding any other provision of 
        this chapter to the contrary, a copy of the certification 
        required by section 5902(b) is not required to accompany the 
        intermodal container or trailer.'';
            (3) by striking ``10,000 pounds (including packing 
        materials and pallets)'' in subsection (c)(1) and inserting 
        ``29,000 pounds''; and
            (4) by adding at the end the following:
    ``(d) Notice to Leased Operators.--
            ``(1) In general.--If a motor carrier knows that the gross 
        cargo weight of an intermodal container or trailer subject to 
        the certification requirements of section 5902(b) would result 
        in a violation of applicable State gross vehicle weight laws, 
        then--
                    ``(A) the motor carrier shall give notice to the 
                operator of a vehicle which is leased by the vehicle 
                operator to a motor carrier that transports an 
                intermodal container or trailer of the gross cargo 
                weight of the container or trailer as certified to the 
                motor carrier under section 5902(b);
                    ``(B) the notice shall be provided to the operator 
                prior to the operator being tendered the container or 
                trailer;
                    ``(C) the notice required by this subsection shall 
                be in writing, but may be transmitted electronically; 
                and
                    ``(D) the motor carrier shall bear the burden of 
                proof to establish that it tendered the required notice 
                to the operator.
            ``(2) Reimbursement.--If the operator of a leased vehicle 
        transporting a container or trailer subject to this chapter is 
        fined because of a violation of a State's gross vehicle weight 
        laws or regulations and the lessee motor carrier cannot 
        establish that it tendered to the operator the notice required 
        by paragraph (1) of this subsection, then the operator shall be 
        entitled to reimbursement from the motor carrier in the amount 
        of any fine and court costs resulting from the failure of the 
        motor carrier to tender the notice to the operator.''.

SEC. 206. LIENS.

    Section 5905 (relating to liens) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) General.--If a person involved in the intermodal 
transportation of a loaded container or trailer for which a 
certification is required by section 5902(b) of this title is required, 
because of a violation of a State's gross vehicle weight laws or 
regulations, to post a bond or pay a fine, penalty, cost (including 
storage), or interest resulting from--
            ``(1) erroneous information provided by the certifying 
        party in the certification to the first carrier in violation of 
        section 5903(a) of this title;
            ``(2) the failure of the party required to provide the 
        certification to the first carrier to provide it;
            ``(3) the failure of a person required under section 
        5902(c) to forward the certification to forward it; or
            ``(4) an error occurring in the transfer of information on 
        the certification to another document under section 5902(b)(3) 
        or (c), then the person posting the bond, or paying the fine, 
        penalty, costs (including storage), or interest has a lien 
        against the contents equal to the amount of the bond, fine, 
        penalty, cost (including storage), or interest incurred, until 
        the person receives a payment of that amount from the owner or 
        beneficial owner of the contents, or from the person 
        responsible for making or forwarding the certification, or 
        transferring the information from the certification to another 
        document.'';
            (2) by inserting a comma and ``or the owner or beneficial 
        owner of the contents,'' after ``first carrier'' in subsection 
        9(b)(1); and
            (3) by striking ``cost, or interest.'' in subsection (b)(1) 
        and inserting ``cost (including storage), or interest. The lien 
        shall remain in effect until the lien holder has received 
        payment for all costs and expenses described in subsection (a) 
        of this section.''.

SEC. 207. PERISHABLE AGRICULTURAL COMMODITIES.

    Section 5906 (relating to perishable agricultural commodities) is 
amended by striking ``Sections 5904(a)(2) an 5905 of this title do'' 
and inserting ``Section 5905 of this title does''.

SEC. 208. EFFECTIVE DATE.

    (a) In General.--Section 5907 (relating to regulations and 
effective date) is amended to read as follows:
``Sec. 5907. Effective date
    ``This chapter shall take effect 180 days after the date of 
enactment of the Intermodal Safe Container Transportation Amendments 
Act of 1996.''.
    (b) Clerical Amendment.--The table of sections for chapter 59 is 
amended by striking the item relating to section 5907 and inserting the 
following:

``5907. Effective date''.

SEC. 209. RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Chapter 59 is amended by adding at the end thereof 
the following:
``Sec. 5908. Relationship to other laws
    ``Nothing in this chapter affects--
            ``(1) chapter 51 (relating to transportation of hazardous 
        material) or the regulations promulgated under that chapter; or
            ``(2) any State highway weight or size law or regulation 
        applicable to tractor-trailer combinations.''.
    (b) Clerical Amendment.--The table of sections for such chapter is 
amended by adding at the end thereof the following:

``5908. Relationship to other laws''.

            Attest:

                                                             Secretary.

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104th CONGRESS

  2d Session

                               H. R. 3159

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                               AMENDMENT