Statement of Congressman John D. Dingell, Ranking Member
Committee on Energy and Commerce

SUBCOMMITTEE ON COMMERCE, TRADE, AND CONSUMER PROTECTION
MARKUP OF H.R. 2048, “MOTOR VEHICLE OWNERS’
RIGHT TO REPAIR ACT OF 2005”

May 25, 2006

Mr. Chairman, I am concerned how the Committee is proceeding with the legislation before us.

Just last week, this Subcommittee conducted its first legislative hearing on H.R. 2048. I had hoped my lingering doubts would be assuaged; however, the witnesses provided us with more questions than answers.

The Chairman of the Federal Trade Commission (FTC) testified it already has authority to regulate these matters, and that the Commission is ill-suited for some of the tasks the bill requires.

The FTC has received no complaints related to the behavior this legislation regulates. When other witnesses were pressed to describe the scope and severity of the problem, we were provided with fascinating anecdotes and public opinion polls, but no hard facts. None of the witnesses were aware of pending lawsuits, nor could they provide evidence of complaints logged with Federal, state, or local authorities.

To the extent consumers and repair shops still have difficulty acquiring repair information, the cause has not been identified. I am told that manufacturer Web sites receive a small number of visitors and the National Automotive Service Task Force has received few complaints.

Do the anecdotes and public opinion polls reflect real problems with automakers and the Task Force, or are some repair shops relying on middlemen for information? Are consumers and small businesses aware of their existing options, or is this a question of public education? We do not know the answers, and the Committee should engage in suitable oversight so we can evaluate legislative proposals based on facts rather than rumor and guesswork.

This bill is a solution in search of a problem, and an amendment circulated yesterday evening may transform it into a poor solution in search of a problem. The amendment makes peculiar changes to the legislation, and we are trying to understand what effect these alterations might have on the bill and current law. I am hopeful its proponents will illuminate these matters for us shortly.

I urge my colleagues to oppose this process, and I urge my colleagues to vote against the amendment and the underlying bill.

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(Contact: Jodi Seth, 202-225-3641)