[Congressional Record Volume 142, Number 129 (Wednesday, September 18, 1996)]
[Senate]
[Pages S10895-S10898]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
[[Page S10895]]
NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS OF 1996
Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 503, S. 1831.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
A bill (S. 1831) 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.
The PRESIDING OFFICER. Is there objection to the immediate
consideration of the bill?
There being no objection, the Senate proceeded to consider the bill.
Mr. PRESSLER. Mr. President, I am pleased to bring to the Senate S.
1831, the National Transportation Safety Board Amendments of 1996. This
bill is sponsored by myself, along with Senators Hollings, Lott, Ford,
and Stevens. As chairman of the Committee on Commerce, Science, and
Transportation, I urge swift passage of this bipartisan reauthorization
bill.
Mr. President, the National Transportation Safety Board [NTSB] is one
of our government's most important independent agencies. Its statutory
mission is to determine the probable cause of transportation accidents
and to promote transportation safety. The NTSB is world renown for its
timely and expert determinations of accident causation and for issuing
realistic and feasible safety recommendations.
The NTSB investigates all types of transportation accidents and
incidents. It also conducts transportation safety studies and evaluates
the effectiveness of other government agencies' programs for preventing
transportation accidents. Indeed, its work product is critical.
As my colleagues are acutely aware, the NTSB is faced with an
extremely heavy workload. In addition to investigating the two most
recent major aviation accidents, TWA flight 800 and ValuJet flight 592,
the NTSB continues its work on several other major on-going
investigations, including the USAir accident near Pittsburgh,
Pennsylvania, the school bus/train collision in Fox River Grove,
Illinois, and the MARC commuter Train/Amtrak collision near Silver
Spring, MD. Many other investigations also are underway.
Mr. President, the NTSB's authorization expires at the end of fiscal
year 1996--the end of this month. Earlier this year, the Senate
Committee on Commerce, Science, and Transportation held a hearing on
issues relating to reauthorization of the NTSB. On June 4, 1996, S.
1831 was introduced. It was ordered reported by a unanimous vote of the
Commerce Committee on June 6, 1996.
S. 1831 provides a three year authorization of appropriations for
fiscal years 1997, 1998 and 1999 at a level of 370 FTEs. It establishes
sufficient funding levels to enable the NTSB to carry out its immense
workload, yet does so in a fiscally responsible manner.
The bill also includes a few minor statutory changes as requested by
the NTSB. First, the bill provides a temporary deferral of Freedom of
Information Act (FOIA) requests regarding the release of foreign
aviation accident or incident information for 2 years or until the
foreign government leading the investigation approves the release of
the information. This would apply to NTSB participation in foreign
accident investigations only. Additionally, the NTSB would not be
restricted from utilizing foreign accident investigation information in
making safety recommendations.
Mr. President, the December 1995 American Airlines accident in
Colombia is a good example of the kind of problem this provision seeks
to remedy. Because of the location of the accident, the Colombian
government is leading the investigation and the NTSB is participating.
As a participant, NTSB has complete access to accident information, but
the Government of Colombia--as lead investigator--determines when any
information can be released. Since NTSB is covered by FOIA, any
information in the Board's possession could be requested under FOIA. To
avoid releasing information prior to the Colombian government's
approval, I am told the NTSB avoids bringing any accident information
into its actual possession and control. This hampers NTSB's ability to
effectively assist in the investigation of this type of accident.
Second, the legislation creates a statutory exemption from FOIA for
aviation data voluntarily supplied to the NTSB. The aviation industry
currently generates a wealth of information not required to be
collected by the government. While this data could be extremely useful
to the NTSB, the industry is reluctant to share it because of concerns
it will be released to the public through FOIA requests. This provision
is designed to encourage the aviation industry to more freely share
significant safety-related data with the Board.
Finally, S. 1831 grants authority to the Board to charge non-NTSB
personnel attending its training courses for the costs associated with
their attendance.
The NTSB carries out an enormously important public service. They do
admirable work and deserve our full support. This legislation will
ensure the NTSB can continue its essential work in an efficient manner.
Mr. President, the amendment I am offering to S. 1831 is almost
identical to S. 1957, the Intermodal Safe Container Transportation
Amendments Act of 1996, which I introduced on July 16, 1996. It is
designed to give motor carriers the information necessary to prevent
the carriage of overweight intermodal containers. S. 1957, cosponsored
by Senators Lott, Inouye and Breaux, is a bipartisan technical
corrections bill to the Intermodal Safe Container Transportation Act of
1992.
To address legitimate concerns raised by shippers and carriers about
implementation of the 1992 Act, including timely compliance and the
need for world-wide education, this amendment would help streamline the
implementation process. It would reduce unnecessary paperwork
requirements that otherwise would be imposed and allow greater use of
electronic interchange technology to expedite the transfer of
information. It also would eliminate needless compliance burdens on
smaller shipments, yet ensure the intent of the 1992 Act is not
jeopardized.
Mr. President, overweight vehicles impair safety and cause severe
damage to our nation's highway infrastructure. The purpose of the 1992
Act was to help prevent the operation of overweight vehicles on our
nation's roads and highways. This amendment would help ensure the
purpose of the 1992 Act is carried out by allowing the law to be
implemented in a reasonable manner.
Mr. President, this amendment is critical to the future of intermodal
transportation. I urge its adoption and passage of S. 1831.
Mr. FORD. Mr. President, the passage of S. 1831, which reauthorizes
the National Transportation Safety Board [NTSB] is a very important
matter.
One cannot watch television lately without seeing the NTSB in action.
Everyone knows that the NTSB is the primary agency responsible for
investigating each accident. When an accident occurs, it is the NTSB's
job to secure the scene, and coordinate all activities. The Board has
spent and is still spending countless hours trying to figure out the
TWA crash off of Long Island, the ValuJet crash in Florida, the USAir
crash in Pittsburgh, the American crash in Cali, Colombia, and the
crash of Ron Brown's plane in Croatia, to name but a few. No matter
what the circumstances of any accident, the NTSB is always there to
fulfill their vital role. The Board's work in other transportation
areas also continues. Rail, highway, and maritime accidents continue to
receive the care and attention of the NTSB needed to make our
transportation system safer.
I would like to commend all the NTSB staff and its Board members for
their fine work and dedication. While we often recognize the Chairman
of the Board, Jim Hall, and the Vice Chairman, Bob Francis, they know
the quality of the NTSB employees. The staff's efforts are really an
example of public service at its very best.
The President has also given the NTSB a new role. The NTSB has been
designated as the lead agency for providing information and
coordinating services for the families of victims of aviation
disasters. This is a key role. The NTSB may require additional
resources, and we may need to revisit the issue next year.
[[Page S10896]]
The bill before us today ensures that the NTSB will be able to
continue carrying out its mandate. The bill provides $42.4 million for
fiscal year 1997, $44.4 million for fiscal year 1998, and $46.6 million
for fiscal year 1999. The bill authorizes 370 FTE's, an additional 20
FTE's from the original request submitted by the administration. It is
clear from seeing the demands placed on the NTSB that the additional
staff are needed.
As a cosponsor of the bill, I urge my colleagues to support it.
Mr. INOUYE. Mr. President, I rise in support of S. 1831 which is
similar to H.R. 3152 which the Senate will pass tonight. Title I of
this bill reauthorizes the National Transportation Safety Board [NTSB].
The NTSB plays an integral role in the transportation life of this
nation and it deserves our continued support and respect. The NTSB has
over many years acquitted itself in determining the cause of
transportation accidents and recommending actions to prevent
repetitions of these accidents. Particularly over the last several
months NTSB has shown the World its professionalism. I wish to note my
firm support for the agency its members and its personnel and assure
them and this body of my continued support for an appropriation that
allows it to accomplish its mission. Safety is the highest mission any
agency can have and the NTSB clearly is a lead agency in ensuring the
safety of the travelling public.
I also support title II of S. 1831, which contains the Intermodal
Safe Container Transportation Amendments Act of 1996. These amendments
modify the Intermodal Safe Container Transportation Act of 1992, Public
Law 102-548 in an effort to strengthen that legislation. These
amendments have been crafted in a true bipartisan manner. The Commerce
Committee staff has crafted these amendments with industry
representatives and in consultation with the Department of
Transportation. In fact, these amendments are supported by a wide range
of transportation and shipper interests. Carriers of every
transportation mode have written in support of these amendments. In
addition, the Nation's largest shipper associations and the nation's
ports also support this effort.
These amendments will prevent cargo at the Nation's ports from simply
lying at those ports and ensure rather that cargo speeds to its
destination. Under the original legislation, cargo in containers
weighing over 10,000 pounds would have to be certified, in writing, by
the shipper before the container could leave the port for its next
destination. The truck driver or the rail carrier taking the container
to its next destination would be required to carry that certification
and subject to a fine if he or she is caught without this piece of
paper. Potentially, the certification could be delayed, or in the case
of international cargo there could be delayed, or in the case of
international cargo there could be confusion as to the requirement for
a certificate. Should a container not have a certificate it would be
required to stay at the port or at the point of shipment clogging the
port and delaying delivery of critical time sensitive cargo.
These amendments clarify and simplify the procedures for
certification. One provision of these amendments prevents delay and
confusion by the simple expedient of raising the certification
requirement to 29,000 pounds. Certification as to the weight of the
container will be required if its weight is in excess of that amount.
With this provision fewer containers will be required to remain at port
or point of shipment awaiting certification.
Another provision dispenses with the requirement that the
certification be carried with the container. Instead, the information
on the certification will be required to be made available on request.
Thus, police officers or state officials requesting the certification
information could access it by fax or other electronic means. The
information would be provided without the unnecessarily delaying
transport.
It is important to note what these amendments do not do. They do not
in anyway alter any State or Federal law limiting the amount of weight
a motor carrier or rail carrier may carry. Likewise, the amendments do
not change current limits concerning the amount of hazardous materials
a carrier may transport. These limits are left intact. It bears
repeating: These amendments do not change any law respecting the
transportation of hazardous materials or place any additional burden on
the Nation's highway and bridges.
I urge my colleagues to vote in favor of this legislation.
Mr. HOLLINGS. Mr. President, I am pleased the Senate is considering
S. 1831, a bill which reauthorizes the National Transportation Safety
Board [NTSB].
As we know, all too well I might add, the NTSB is required to
investigate transportation accidents. It is called upon immediately
following a transportation catastrophe to send out the right people to
carry out a thorough examination of the facts and circumstances
surrounding each event. We can see evidence of NTSB investigators
carrying out this mandate every day on the news as they continue the
grim task of investigating the crash of TWA Flight 800 off the coast of
Long Island. This inquiry is being conducted simultaneously with the
ValuJet Flight 592 investigation in the Everglades. The NTSB is asked
repeatedly to assist in investigations overseas such as the one a few
months ago in Croatia where my good friend Ron Brown was killed in a
military plane crash. When a barge hits a railroad bridge, or a train
collides with another train, the NTSB is called upon to figure out what
happened, and more importantly, to figure out how to prevent tragedies
from recurring.
Concerning TWA Flight 800, the NTSB is working with local and State
officials, the FBI, the Navy, and most importantly, with the families.
The investigation is a painstaking, detailed process--literally
requiring divers to pick up by hand the wreckage 110 feet below the
surface. The divers, working in teams, have done an extraordinary job
to facilitate the NTSB's investigation. Teamwork is essential and the
efforts of all involved are very much appreciated.
The NTSB does excellent work. I would especially like to commend its
Chairman Jim Hall and Vice Chairman Robert Francis for all their hard
work and dedication. Their service on the NTSB could not have come at a
more critical time, and I appreciate their great efforts as well as
those of the other members of the Board and all the NTSB staff.
As I have said before, if this were a perfect world, we would not
need the NTSB. But as we have seen all too well in the last few months,
we need the NTSB now more than ever. Ensuring the safety of our
transportation system is of primary importance, and I believe passage
of this bill is vital to that goal.
I urge my colleagues to vote in favor of this legislation.
Mr. BREAUX. Mr. President, I rise in support of the bill that
reauthorizes the operations of the National Transportation Safety Board
[NTSB]. The NTSB is an extremely important Federal agency, as evidenced
by their professionalism in the investigation of the recent Valujet and
TWA airplane disasters. Safety should be one of the paramount
transportations issues confronting the Federal Government, and the
Federal Government's paramount transportation safety agency is the
NTSB. The NTSB deserves our support.
I am particularly pleased to see that the NTSB reauthorization has
been amended to include a new Title II, which would add the provisions
of S. 1957, the Intermodal Safe Container Transportation Act Amendments
Act. The Intermodal Safe Container Transportation Amendments Act is a
bill which would address some of the problems which were created with
the 1992 enactment of the original Intermodal Safe Container
Transportation Act.
The purpose for enacting the original Intermodal Safe Container
Transportation Act was to ensure that intermodal shipping containers
were not exceeding certain weight limitations. Overweight shipping
containers constitute a significant threat to the safety of our Nations
infrastructure. The principals of the original enactment were sound.
Unfortunately, the implementation of that original Intermodal Safe
Container Act has the potential to unnecessarily create a number of
problems that could impede the transfer of intermodal containers and
affect our international and domestic intermodal trade.
A coalition of ocean shipping companies, trucking companies, railroad
[[Page S10897]]
companies, ports and shippings have worked hard to develop a
legislative proposal to address the problems that could be caused
through the implementation of the original law. Senate Commerce
Committee staff has worked to further refine the industry proposal. I
believe that the provisions embodies in S. 1957, balance the interests
of all segments of the transportation community, while at the same time
preserving the original bill's intent to protect our infrastructure
from overweight containers. This bill in no way impedes the application
of current laws governing the safe transportation of hazardous
materials
As a Senator from the State of Louisiana, who represents the Port of
the New Orleans, I understand the special importance of continuing to
facilitate international and domestic trade in as safe a manner as
possible. I urge my colleagues to support the NTSB reauthorization
bill, and to help facilitate the implementation of the Intermodal Safe
Contained Transportation Act.
Amendment No. 5390
(Purpose: To amend chapter 59 of title 49, United States Code, relating
to intermodal safe container transportation)
Mr. STEVENS. Mr. President, Senator Pressler has an amendment at the
desk. I ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Alaska [Mr. Stevens], for Mr. Pressler,
proposes an amendment numbered 5390.
Mr. STEVENS. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 2, before line 1, insert the following:
TITLE I--NTSB AMENDMENTS
On page 2, line 1, strike ``SECTION 1.'' and insert ``SEC.
101.''.
On page 2, line 4, strike ``SEC. 2.'' and insert ``SEC.
102.''.
On page 3, line 3, strike ``SEC. 3.'' and insert ``SEC.
103.''.
On page 3, line 17, strike ``SEC. 4.'' and insert ``SEC.
104.''.
On page 4, line 8, strike ``SEC. 5.'' and insert ``SEC.
105.''.
On page 4, after line 15, insert the following:
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 identify 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 carries. The
person transferring the information shall state on the
forwarded document the date on which the data was transferred
and the identify 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 carries, then that person is liable to any person
who incurs any bond, find, 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 containers 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--
[[Page S10898]]
(1) by inserting after ``person'' and 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, than--
``(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 anther 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 ``Section 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 items relating to section 5709
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''
Mr. STEVENS. I ask this amendment be agreed to.
The amendment (No. 5390) was agreed to.
Mr. STEVENS. I ask unanimous consent the bill be considered read for
a third time, the Senate immediately proceed to Calendar 508, H.R.
3159, further, all after the enacting clause be stricken and the text
of S. 1831, as amended, be inserted in lieu thereof, the bill be deemed
read for a third time and passed, the motion to reconsider be laid upon
the table, any statements related to the bill be printed at the
appropriate place in the Record, and finally, S. 1831 be placed back on
the calendar.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 3159), as amended, was deemed read a third time and
passed, as follows:
[The bill was not available for printing. It will appear in a future
issue of the Record.]
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