text: 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.
target: TABLE OF CONTENTS: 
       Title I:  NTSB Amendments 
       Title II:  Intermodal Transportation 
  Title I:  NTSB Amendments
   - National Transportation Safety Board Amendments of 1996 - Amends Federal transportation law to prohibit the National Transportation Safety Board (NTSB) and any agency receiving information from it from disclosing:  (1) records or information relating to its participation in foreign aircraft accident investigations, except in certain circumstances; or (2) voluntarily provided safety-related information unrelated to the exercise of the NTSB's accident or incident investigation authority, if disclosure would inhibit the voluntary provision of that type of information. 
  (Sec. 104) Authorizes the NTSB to conduct training of its employees in subjects necessary for the proper performance of accident investigations. 
  (Sec. 105) Authorizes appropriations to the Board through FY 1999. 
  Title II:  Intermodal Transportation
   - Intermodal Safe Container Transportation Amendments Act of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation.  Requires a person who tenders to a first carrier that is a motor carrier (currently, any carrier) a container or trailer with a gross cargo weight of more than 29,000 pounds (currently, 10,000 pounds, including packing material and pallets) for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier. 
  (Sec. 204) Allows such notification to be made by telephone, and allows the required certification of container or trailer contents to be electronic.  Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. 
  (Sec. 205) Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it.  Declares that a copy of a certification is not required to accompany the intermodal container or trailer. 
  Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items.  Requires the motor carrier to reimburse the operator of the leased vehicle that is fined because of a violation of a State's gross vehicle weight laws. 
  (Sec. 206) Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws.  Includes among such circumstances:  (1) failure of the party required to provide certification of gross cargo weight to the first carrier to provide it; (2) failure of the party required to forward such certification to forward it; or (3) error in the transfer of information on the certification to another document.
feat_title: National Transportation Safety Board Amendments of 1996