[Congressional Record Volume 142, Number 90 (Tuesday, June 18, 1996)]
[House]
[Pages H6449-H6451]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                ANTI-CAR THEFT IMPROVEMENTS ACT OF 1996

  Mr. McCOLLUM. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2803) to amend the anti-car theft provisions of title 49, 
United

[[Page H6450]]

States Code, to increase the utility of motor vehicle title information 
to State and Federal law enforcement officials, and for other purposes, 
as amended.
  The Clerk read as follows:

                               H.R. 2803

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Anti-Car Theft Improvements 
     Act of 1996''.

     SEC. 2. SYSTEM NAME AND IMPLEMENTATION DATE.

       (a) System Date.--Section 30502(a)(1) of title 49, United 
     States Code, is amended by striking ``January 31, 1996'' and 
     inserting ``December 31, 1997''.
       (b) Section 30503.--Section 30503(d) of title 49, United 
     States Code, is amended by striking ``January 1, 1997'' and 
     inserting ``October 1, 1998''.
       (c) System Name.--Chapter 305 of title 49, United States 
     Code, is amended by striking ``National Automobile Title 
     Information System'' each place it occurs in the chapter 
     heading, the table of sections for chapter 305, the section 
     heading for section 30502, and in the texts of sections 30502 
     and 30503 and inserting ``National Motor Vehicle Title 
     Information System''.

     SEC. 3. DELEGATION OF AUTHORITY.

       (a) Secretary of Transportation.--Sections 30501, 30502, 
     30503, 30504, and 30505 of title 49, United States Code, are 
     each amended by striking each reference to ``Secretary of 
     Transportation'' or ``Secretary'' and inserting ``Attorney 
     General''.
       (b) Attorney General.--Section 30502 of title 49, United 
     States Code, is amended by striking each reference to 
     ``Attorney General'' and inserting ``Secretary of 
     Transportation''.

     SEC. 4. TITLE INFORMATION SYSTEM.

       Section 30502 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(f) Immunity.--Any person performing any activity under 
     this section or section 30503 or 30504 in good faith and with 
     the reasonable belief that such activity was in accordance 
     with this section or section 30503 or 30504, as the case may 
     be, shall be immune from any civil action respecting such 
     activity which is seeking money damages or equitable relief 
     in any court of the United States or a State.''.

     SEC. 5. STOLEN VEHICLE INFORMATION SYSTEM.

       Section 33109 of title 49, United States Code is amended by 
     adding at the end the following:
       ``(d) Immunity.--Any person performing any activity under 
     this section or section 33110 or 33111 in good faith and with 
     the reasonable belief that such activity was in accordance 
     with such section shall be immune from any civil action 
     respecting such activity which is seeking money damages or 
     equitable relief in any court of the United States or a 
     State.''.

     SEC. 6. GRANTS TO STATES.

       (a) Amendment.--sECTION 30503(C)(2) OF TITLE 49, United 
     States Code, is amended to read as follows:
       ``(2) The Attorney General may make reasonable and 
     necessary grants to participating States to be used in making 
     titling information maintained by those States available to 
     the operator.''.
       (b) Authorization.--The are authorized to be appropriated 
     such sums as may be necessary to carry out sections 30503 and 
     33109 of title 49, United States Code.
       (c) Information System.--The information system established 
     under section 30502 of title 49, United States Code, shall be 
     effective as provided in the rules promulgated by the 
     Attorney General.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida [Mr. McCollum] and the gentleman from North Carolina [Mr. Watt] 
each will control 20 minutes.
  The Chair recognizes the gentleman from Florida [Mr. McCollum].


                             General Leave

  Mr. McCollum. Mr. speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.

                              {time}  1530

  Mr. McCollum. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2803, the Anti-Car Theft Improvements Act of 1995, 
amends the anti-car theft provisions established by Congress in 1992 to 
increase the utility of motor vehicle title information to State and 
Federal law enforcement officials.
  Mr. Speaker, States issue almost 140,000 new titles every year for 
stolen vehicles because there is no automated way to verify the 
validity of records from other States. Moreover, the costs imposed on 
society by carjackings and auto thefts remain unacceptably high. Car 
theft has risen 28 percent over the last 10 years at a cost of at least 
$8 billion annually. The auto theft industry is booming nationwide for 
the simple reason that stealing cars is a lucrative, easy, relatively 
low-risk proposition. In addition, over the last few years, car theft 
has taken a violent turn for the worst, involving more than just 
property crime. Brazen predators on our streets steal cars at gun 
point, carjacking at a rate of approximately one every 20 seconds.
  To help States fight back, Congress passed the Anti-Car Theft Act of 
1992 which required the Department of Transportation to establish by 
January 31, 1996, an electronic information system that would allow a 
State motor vehicle titling authority to check instantly whether a 
vehicle had been stolen before it issues a new title for that vehicle. 
The bill also authorized a Federal grant program to help States modify 
computer software for this purpose. Once established, the title 
information system would enable State motor vehicle departments, law 
enforcement officials, prospective auto purchasers, and insurance 
carriers to check the validity of purported ownership documents, 
thereby preventing thieves from using ostensibly valid titles for 
stolen cars.
  Well, the January 1996 deadline has come and gone and the Department 
of Transportation has not established such a system nor has it 
designated another entity to do so, despite authority granted in the 
Anti-Car Theft Act of 1992. It is becoming clear that unless Congress 
acts, it is unlikely that an automated titling system will be 
established. It is for this reason that I, along with the gentleman 
from New York [Mr. Schumer], have introduced H.R. 2803, the Anti-Car 
Theft Improvements Act of 1995. The bill transfers authority for 
implementing the titling system to the Department of Justice and, 
importantly, establishes a new, realistic time table.
  By way of background, the 1992 bill gave responsibility for 
implementing the Anti-Car Theft Act to both the Department of Justice 
and the Department of Transportation. The Justice Department has made 
significant progress in establishing an electronic information system 
that indicates when certain auto parts came from a vehicle reported 
stolen. It has become apparent, however, that this parts information 
system cannot be fully effective by itself and prompt action should be 
taken to establish the other major element, the titling information 
system. H.R. 2803 would give authority to the Department of Justice to 
establish both the parts and titling system designated in the 1992 Act.
  Mr. Speaker, let me take just a minute to briefly describe what the 
bill does: H.R. 2803 would extend the implementation date established 
in the Auto Theft Act of 1992 from January 1996 to a more reasonable 
date in 1997. The bill will also give authority to the Department of 
Justice to implement the title information system. As I mentioned 
earlier, both the stolen parts system and the title information system 
would be operated under the auspices of the Department of Justice.

  In addition to redelegating responsibilities for the program, H.R. 
2803 would also grant limited immunity from civil action to entities 
operating the information systems. This particular provision will 
protect from potential liability those who serve the public by 
providing the titling information to appropriate parties.
  And, finally, Mr. Speaker, H.R. 2803 authorizes appropriations as 
necessary for the previously established grant program to enable States 
to make the necessary software changes in order for them to begin 
participating in the titling information system. The measure eliminates 
the requirement from the 1992 act that States cover 75 percent of the 
costs of the implementation and also does away with the $300,000 cap on 
grants available to each State. I would like to emphasize that while 
the Federal Government will be assisting States in setting up their 
systems in the first year, the program will become completely self-
sufficient in future years, since it will be fully supported by user 
fees. Other automated systems established by Congress, such as the 
National Driver Register and the Commercial Drivers License Information 
System have been successfully supported by user fees.
  Now, the bill in the form which is being considered today contains a 
few

[[Page H6451]]

modifications from the Committee's reported version. These 
modifications are a result of cooperation with the Commerce Committee 
and are largely technical and clarifying changes. In addition, this 
amended version of H.R. 2803 extends the system implementation deadline 
by 3 more months, from an October 1997 deadline in the original bill, 
to a December 1997 deadline, and includes authorizing language for the 
stolen parts system that had been included in the 1992 bill but was 
erroneously removed during the recodification of title 49, United 
States Code. And on behalf of Mr. Hyde, the Judiciary Committee 
chairman, and myself, we would like to thank Mr. Bliley, chairman of 
the Commerce Committee, for his support and cooperation.
  Mr. Speaker, this is a very important bill that will strengthen an 
effective crime fighting tool for State and Federal law enforcement 
across the country. I urge my colleagues to support this measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WATT of North Carolina. Mr. Speaker, I yield myself such time as 
I may consume, and I rise in support of the bill.
  This is a simple bipartisan bill that is intended to make the Federal 
Anti-car Theft Program work better. It has the support of the National 
Association of Motor Vehicle Administrators, the Clinton 
administration, the automobile industry, and the auto insurance 
industry.
  In 1992, Congress passed the Anti-car Theft Act in response to 
spiraling auto theft in America. Among other things, that law set up 
two national registers of information--one dealing with stolen parts, 
and another dealing with car titles.
  The stolen parts register was assigned to the Department of Justice, 
and the national titling register to the Department of Transportation. 
This bill deals with the national titling register.
  The national titling register will be an important tool to stop a 
practice known as ``washing'' the titles of stolen cars. Right now, car 
thieves can steal a car in one State, then take it to another State and 
by using criminal paper-shuffling, get a new washed title for the 
stolen car.
  As surprising as it may seem, there is presently no central place 
against which a State can check the bona fides of a title from another 
State before it issues a new one. Most checking of titles now is done 
after the fact, by mail, using paper records, and is not very 
effective.
  The central title register is therefore a crucial step toward 
stopping interstate movement of stolen cars.
  Unfortunately, experience has shown since 1992 that the Department of 
Transportation is not the best place for establishing such a register.
  The register is primarily a law enforcement tool, better suited to 
the Department of Justice, in addition, the Department of Justice 
already has access to data systems that can be adapted to include 
titling information.
  Recognizing that reality, all parties concerned have agreed that 
responsibility for this national title register should be shifted from 
the Department of Transportation to the Department of Justice.
  This bill does that. I urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McCOLLUM. Mr. Speaker, I yield 3 minutes to the gentleman from 
Ohio [Mr. Oxley].
  Mr. OXLEY. Mr. Speaker, I thank the gentleman for yielding time to 
me.
  I rise today in support of H.R. 2803, the Anti-Car Theft Improvements 
Act of 1996. When the Congress enacted the Anti-Car Theft Act of 1992, 
the Commerce Committee and Judiciary Committee worked as partners to 
craft legislation which addressed the continuing problem of car theft 
from a number of angles. One provision set up an information system to 
track information about vehicle titles and stolen parts. Unfortunately, 
for a variety of reasons, implementation of this information system has 
been delayed thus far.
  H.R. 2803 addresses a number of issues which have been identified as 
possible bottlenecks in implementing this information system. A lack of 
resources at the Department of Transportation, combined with some 
ambiguities in the original act, led to a situation where a tool which 
had obvious value to law enforcement officials in the States and 
Federal Government could not be set up.
  H.R. 2803 paves the way for full implementation of the information 
system. The Department of Transportation has already begun a pilot 
program, which will serve as the model for nationwide implementation. 
It provides a specific authorization for appropriations, and transfers 
authority for overseeing the project from the Department of 
Transportation to the Department of Justice. With these changes, I 
believe that we can finally realize the potential provided by this kind 
of information system.
  As I mentioned earlier, the Commerce Committee and Judiciary 
Committee have a long record of working together on these issues, 
stretching back to the early 1980's and before. Because the Judiciary 
Committee addressed a number of our substantive concerns in the 
legislation before us, the Commerce Committee has waived its right to a 
sequential referral of H.R. 2803 in order to expedite its 
consideration.
  Mr. Speaker, I would like to especially thank the chairman of the 
subcommittee, the gentleman from Florida [Mr. McCollum], for his 
leadership on this legislation in providing the kind of help for our 
committee as well as the full House in enacting this legislation.
  I would like to confirm with the gentleman from Florida that he would 
support the Committee on Commerce's request for an appropriate number 
of conferees should this bill become the subject of a House-Senate 
conference.
  Mr. McCOLLUM. Mr. Speaker, will the gentleman yield?
  Mr. OXLEY. I yield to the gentleman from Florida.
  Mr. McCOLLUM. Mr. Speaker, as the gentleman knows, that decision 
would be primarily between our two chairmen, the gentleman from 
Virginia [Mr. Bliley] and the gentleman from Illinois [Mr. Hyde]. But 
certainly I have no objection to that.
  Mr. OXLEY. Mr. Speaker, I appreciate that. Reclaiming my time, I want 
to thank the gentleman from Florida for his commitment and hard work on 
this legislation. The Committee on Commerce has no objection to the 
legislation. As a matter of fact, we support it strongly. I urge my 
colleagues on both sides of the aisle to support it.
  Mr. WATT of North Carolina. Mr. Speaker, I have no further requests 
for time, and I yield back the balance of my time.
  Mr. McCOLLUM. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Weller). The question is on the motion 
offered by the gentleman from Florida [Mr. McCollum] that the House 
suspend the rules and pass the bill, H.R. 2803, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________