[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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