Press Release October 12, 2000

Contact: Sally Greenberg 202-462-6262 Consumers Union Washington DC Office

Consumers Union expressed disappointment that Senate efforts to improve the House-passed auto safety bill, H.R. 5164, legislation responding to the Ford-Firestone product safety problems, were unsuccessful. The Senate adopted the House bill this evening without amendments. CU had noted its preference for the stronger provisions in the Senate version of the auto safety bill, S. 3059.

"We were troubled by the process by which this legislation was enacted, with Senators who expressed concerns about specific provisions of the bill having no opportunity to offer amendments to improve the legislation," said Sally Greenberg, CU's Senior Product Safety Counsel. "This shortened process is an unfortunate byproduct of the end of the session and the rush to get legislation passed."

CU noted its appreciation for the efforts of Congress to address this issue, and especially the leadership of Senate Commerce Committee Chairman John McCain and Congressman Edward Markey in the House, both of whom sought stronger provisions in the bill. CU will support Senator McCain in his efforts to hold Commerce Committee hearings quickly after Congress reconvenes next year to fill in the gaps in what was enacted in such a hurried fashion in the 106th Congress.

CU has the following serious concerns about the bill adopted by Congress:

· A "safe harbor" provision in the criminal penalty section may have the effect of protecting those who have the "specific intent of misleading the Secretary with respect to motor vehicle or motor vehicle safety related defects."

· The bill makes public disclosure of "early warning" information on product defects far too onerous, shifting the burden to the public to get this information released.

· The bill limits manufacturers' duty to supply information in their "possession," which could be interpreted to exclude the files of their lawyers or accountants, or allow manufacturers to refuse an agency request to prepare a report or compilation of data from their existing files, since that report or compilation doesn't currently exist but would have to be prepared. The agency currently has the power to ask for the preparation of such information.

While CU has these serious concerns, we also note that there are a number of important and positive provisions in the bill passed by Congress. We strongly support the provision directing National Highway Traffic Safety Administration (NHTSA) to develop a dynamic test for rollover and use the results of that test for a consumer information program. We support providing the NHTSA with enhanced ability to gather data about product recalls domestically and overseas; to collect information about product safety concerns from insurance companies and manufacturers, and to increase civil penalties for manufacturers' failure to report information about known or suspected product safety defects or problems. The legislation also directs NHTSA to upgrade its decades-old tire standard.

"It is absolutely critical that Congress address the concerns cited above when it reconvenes to assure that this legislation doesn't backfire and undermine the very goals it seeks to achieve."

Consumers Union, publisher of Consumer Reports, is an independent, nonprofit testing and information organization, serving only the consumer. We are a comprehensive source of unbiased advice about products and services, personal finance, health, nutrition, and other consumer concerns. Since 1936, our mission has been to test products, inform the public, and protect the consumers.

 

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