[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3159 Enrolled Bill (ENR)]

        H.R.3159

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six


                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

                        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 electronic 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 by moving the text of paragraph (2), as 
    so redesignated down 1 line and to the left, flush full measure and 
    indenting such paragraph; 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'' in subsection (a) 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 (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) and 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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.