Trent Lott

Mr. LOTT

Mr. LOTT. Mr. President, I ask unanimous consent that the Senate now proceed to the immediate consideration of Calendar No. 401, S. 1374.

Mr. LOTT

Mr. LOTT. I ask unanimous consent that this colloquy extend for not to exceed 10 more minutes.

Mr. LOTT

Mr. LOTT. Mr. President, I ask for the yeas and nays.

Mr. LOTT

Mr. LOTT. Madam President, I yield the floor. I believe the Senator from West Virginia was prepared to proceed to discuss his issue. I think he probably will do that. We will see what might be done to address concerns Senators may have, and we will be back later.

Mr. LOTT. I believe the Senator from Montana--

Mr. LOTT

Mr. LOTT. Reserving the right to object.

Mr. LOTT. To clarify that, when the District of Columbia appropriations conference report and its parts arrive, that will be taken up at that point regardless of the order. But then, of course, when that is completed, we can go back to this order.

Mr. LOTT

Mr. LOTT. Mr. President, I am proud to add the American Automobile Association (AAA) and the California DMV to the long list of organizations that support S. 655, the National Salvage Motor Vehicle Consumer Protection Act that I introduced during this session to protect consumers from title fraud. Other supporters of my title branding legislation include the American Association of Motor Vehicle Administrators (AAMVA), state DMV directors around the country, the Michigan Secretary of State and other Secretaries of State, the International Union of Police Associations AFL-CIO, International Association of Auto Theft Investigators, National Odometer and Title Fraud Enforcement Association, American Automobile Manufacturers Association, Association of International Automobile Manufacturers, National Automobile Dealers Association, National Association of Minority Automobile Dealers, National Independent Automobile Dealers Association, Honda North America, Nissan North America, Carfax, CarMax, American Service Industry Association, American Automotive Leasing Association, American Car Rental Association, American Salvage Pool Association, Automotive Engine Rebuilders Association, Automotive Parts and Accessories Association, Automotive Parts Rebuilders Association, National Association of Fleet Resale Dealers, National Auto Auction Association, and State Farm Insurance. I also think it is worth recognizing 23 of our colleagues who have actively signaled their intention to protect motorists in their state and throughout the nation by formally supporting S. 655. Senators McCain, Breaux, Stevens, Conrad, Burns, Hutchison, Frist, Abraham, Mack, Warner, Bennett, Sessions, Murkowski, Shelby, Inhofe, Grams, Thomas, Roberts, Hatch, Thompson, Enzi, Kyl, and Hutchinson are to be commended for cosponsoring this important consumer protection measure. The American Automobile Association represents over 40 million drivers. It is a nonpartisan organization that champions the interests of the driving public in virtually every city, county, and state across this great land. AAA supports S. 655 because it shares my belief that national standards for titling salvage, rebuilt salvage, non-repairable and flood damaged vehicles will help prevent the fraudulent sale of damaged vehicles and protect consumers from unknowingly purchasing them. Mr. President, I ask unanimous consent to print AAA's letter of support for S. 655 in the Record.

Mr. LOTT. Mr. President, my goal from the outset has been to protect used car buyers from title fraud. The solution I proposed was simple, straightforward, and modeled after the recommendations of the Motor Vehicle Titling, Registration, and Salvage Advisory Committee. S. 655 merely establishes model uniform definitions and disclosure requirements for four basic terms: salvage; rebuilt salvage; flood; and nonrepairable vehicles. Under the legislation reported out by the Senate Commerce Committee, states would be free to utilize additional terms and to provide additional disclosures beyond those provided for in this bill. States that choose to adopt the four uniform terms and related provisions would be eligible for incentive grants. No state would be penalized for non-participation or for retaining different standards. While there is substantial and broad support for this much needed legislation, there continues to be resistance to moving forward with this legislation in the Senate. Unfortunately, this resistance has the effect of allowing unsuspecting consumers to continue to purchase and drive potentially life-threatening vehicles. Delaying this legislation will cost used car buyers another $4 billion this year and place millions of structurally unsafe vehicles back on America's roads and highways. Roads that our family, friends, and neighbors share every day. Even though S. 655 has wide-spread support and follows the recommendations of the Congressionally-chartered Salvage Advisory Committee, a few groups have attempted to undermine this measure at every stage of the process. Unfortunately, these groups seemed to have convinced some of my colleagues that it is better to delay the implementation of clearly needed consumer protections and continue to press for the imposition of untried, untested and in many cases anti- consumer requirements. Requirements that states have rejected time and again. Provisions that focus on post-purchase redress rather than pre- purchase disclosure. Definitions and standards that would perpetuate confusion rather than promote uniformity among the states, undermining the very purpose of this legislation. These groups claim to have the interests of consumers in mind, yet the best representative of car- buying consumers, the American Automobile Association, has rejected their approach and supports passage of S. 655. As I am sure my colleagues will agree, advancing titling definitions and standards that states have rejected, and will continue to reject, will only exacerbate title fraud. Such an approach only benefits those who prey on unsuspecting car buyers and would jeopardize the minimum standards required to make the program work, unnecessarily harm many vehicle owners and buyers by needlessly reducing the value of their vehicles, create unreasonable or untested standards, foster unnecessary litigation, impinge on states rights, and promote a scheme that states will reject. During the 104th and 105th Congresses, this was a bipartisan, better yet nonpartisan, initiative. My only interest has been to protect consumers by encouraging the use of minimal uniform disclosure standards for severely damaged vehicles--those involved in a serious accident, severely damaged by falling objects, or vehicles that have sustained significant and lingering water damage. Whether the used car buyer is in Mississippi, California, Nevada, Minnesota, or in any other state, he or she needs the pre-purchase disclosure information that S. 655 would provide. I have made every effort to reach consensus on this legislation. In that vein, a number of changes were incorporated throughout the legislative process to address the concerns of State attorneys general, certain consumer groups, and many of my colleagues. The latest version of this legislation incorporates the full range of changes that DMV administrators, including California's Administrator, believe are practicable. The substitute makes it very clear that there is no preemption of state law. The substitute also mirrors much of the State of California's current titling requirements, ensuring that minimal change will be required by our largest state should it choose to apply for the bill's grant monies. Mr. President, even though I have made numerous compromises on this legislation, the goal post continues to move further away. Instead of gaining acceptance, I was recently presented with yet another round of proposed modifications. AAMVA reviewed these proposed changes and determined they would eviscerate the purpose of this legislation. AAMVA opposes these additional changes because they could potentially harm the very people this legislation aims to protect, create a mountain of unnecessary paperwork, and would create a substantial amount of bureaucracy with no added value. It makes no sense to adopt provisions that the experts on titling matters believe are harmful to used car consumers, the very people this balanced legislation aims to protect. AAMVA, Secretaries of State, local and state law enforcement, state legislators, and the automotive and insurance industries have repeatedly pronounced their support for S. 655. AAA and the California DMV also agree that my substitute bill is the right legislative solution. Mr. President, if we do not pass this legislation, the real loser is the unfortunate used car buyer in these and other states who unknowingly purchases a wreck on wheels, perhaps a previously totaled government crash test vehicle. Every day that Congress fails to act on this prudent title branding legislation, thousands of individuals are harmed and millions of dollars are lost to the unscrupulous practice of title laundering. Let's pass this bill now.

Mr. LOTT

Mr. LOTT. Mr. President, I am honored they would allow me to do this on their behalf because I believe they were not treated properly in the wee hours of the morning with regard to an amount of money for disaster assistance for North Carolina. We are determined to assist them in getting that. We hope this will be accepted by the House in this form. But if not in this form, we will be back to carry out our commitment to the people in North Carolina and as a symbol to people all across America that, when it comes to disasters, there are no party lines and there is no division between the Capitol; we will do what is necessary to help people when they are desperate and need help. So I urge my colleagues to vote for this amendment.

Mr. LOTT. Mr. President, I send to the desk then the amendment on behalf of Senators Helms and Edwards.

Mr. LOTT. Therefore, at least one further vote will occur yet tonight. In addition, the Senate will convene tomorrow at 10 a.m., and hopefully process some legislative items that have been cleared and that would be considered by the House. The Senate could also consider the Work Incentives conference report. Therefore votes can be expected to occur during the session of the Senate on Friday. We will stay in close touch with both sides of the aisle to see when the best time might be for that. We will try to accommodate as many Senators as possible and stack them if we need to.

Mr. LOTT. Mr. President, has all time expired?

Mr. LOTT. Mr. President, I ask for the yeas and nays on the second amendment.

Mr. LOTT. Mr. President, I ask unanimous consent that I be allowed to offer an amendment at this time on behalf of Senators Helms and Edwards of North Carolina with regard to funds for their disaster. And I ask unanimous consent that that vote occur in a stacked sequence, after it is debated, after the vote on the amendment by Senator Byrd and Senator McConnell, and that the first vote be just 10 minutes, and then the second vote would be 10 minutes also.

Mr. LOTT

Mr. LOTT. Correct, there is no time limitation in this agreement.

Mr. LOTT

Mr. LOTT. I now ask the Senate turn to the adjournment resolution, H. Con. Res. 235, the resolution be agreed to, the motion to reconsider be laid upon the table, all without intervening action or debate.

Mr. LOTT

Mr. LOTT. Is there objection?

Mr. LOTT. I ask that the Senate now proceed to the conference report, and before the clerk begins reading, I announce to my colleagues, Senator Kohl has indicated to me, following the conclusion of the reading, he will insist on the conduct of a rollcall vote on the motion to proceed to the conference report. Therefore, a procedural rollcall vote will occur at approximately 9:30 this evening. Mr. FEINGOLD addressed the Chair.

Mr. LOTT. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. LOTT. Mr. President, I believe the regular order is for the vote to begin.

Mr. LOTT. Mr. President, I send a cloture motion to the desk to the pending conference report.

Mr. LOTT. Mr. President, I ask that the Chair lay before the Senate the conference report to accompany the DC appropriations bill, H.R. 3194, and the conference report be considered as having been read.

Mr. LOTT. Mr. President, I ask unanimous consent this cloture vote occur at 3 p.m. on Friday, November 19, and the mandatory quorum call be waived.

Mr. LOTT

Mr. LOTT. Mr. President, there are a number of issues we are working on, but we have one unanimous consent request with regard to the loan guarantee for the satellite local situation we have worked out. I ask unanimous consent that no later than March 30, 2000, if no Senate committee has reported a bill limited to providing loan guarantees to establish local television service to rural areas by satellite and other means, the Republican leader, or his designee, or the Democratic leader, or his designee, be recognized to introduce a bill limited to sections 2002, 2003, 2004, and 2006 of the conference report accompanying H.R. 1554 providing such loan guarantees, and that the Senate immediately begin consideration of the bill with relevant first-degree amendments in order and second-degree amendments that are relevant to the first-degree amendment proposed to be amended. Further, that if legislation is reported that is limited to such loan guarantees, it be considered on or before March 30 and be open to relevant amendments as provided above. Further, that upon disposition of all amendments, the bill be read a third time and passed, with no intervening action.