by Amy Antenora
Editor, aftermarketNews.com

WASHINGTON — After nearly five years of debate, yesterday the House Commerce, Trade and Consumer Protection Subcommittee voted in favor of the Motor Vehicle Owners’ Right to Repair Act (H.R. 2048), in an open mark-up session on Capitol Hill. However, the vote was not passed without contention, according to one news report.

According to a report from Congress Daily, the 14-13 vote came only after Rep. C.L. “Butch” Otter (R-ID) changed his vote. Otter previously said he would vote no, out of concerns that passage of the act might negatively impact U.S. automakers’ intellectual property rights.

As author of the bill, House Energy and Commerce Chairman Joe Barton (R-TX) was able to make amendments to the bill’s language. Removed from the bill during yesterday’s mark-up session were specific details about what manufacturers must make available to shops. According to Congress Daily, Democrats complained this amendment “softened” the bill. A second amendment was offered by Rep. Lee Terry (R-NE) and was passed by a voice vote. This amendment requires a study on this issue by the Government Accountability Office.

The bill was also amended to reflect the automakers concerns over intellectual property rights, but the intent of the legislation remained the same: requiring car manufacturers to provide the same diagnostic and repair information to independent repair facilities that it provides to dealerships. The Federal Trade Commission (FTC) would be charged with the task of enforcement, despite the FTC chairman’s testimony last week indicating that the FTC lacked the knowledge and resources to perform this task. Other amendments included prohibiting civil lawsuits for violations (though the FTC could still sue) and adding that the bill would not override state consumer protection laws.

Congress Daily’s news report also said members of the subcommittee “quarreled” over whether the bill was needed at all. Several members asked why the issue wasn’t better documented if it was indeed an issue, and said that what evidence was provided was “largely anecdotal.”

While the bill reached a milestone with more than 100 sponsors offering support this session, there are still a number of representatives who remain vocal about their opposition. Michigan representatives Fred Upton, Mike Rogers and House Energy and Commerce ranking member John Dingell all expressed concerns that passage of the Right to Repair Act would place more burden on an already suffering vehicle manufacturing industry.

Dingell was quoted as calling the measure “A wonderful attempt to place forward a solution to a problem that doesn’t exist.” Upton called the bill a “burdensome regulatory path” of which he did not want to be a part.

Next, the bill must be reviewed by the full House Energy and Commerce Committee. A date for this review has not yet been scheduled.

Below are yesterday’s recorded votes to move HR 2048 to the full committee, as published by Congress Daily:

Tally: 14 Yes, 13 No, 2 Not Voting

Republicans (16)

Y Stearns (R-FL)
N Upton (R-MI)
Y Deal (R-GA)
Y Cubin (R-WY)
Y Radanovich (R-CA)
Y Bass (R-NH)
Y Pitts (R-PA)
Y Bono (R-CA)
Y Terry (R-NE)
Y Ferguson (R-N.J.)
N Rogers (R-MI)
Y Otter (R-ID)
Y Myrick (R-NC)
Y Murphy (R-PA)
Y Blackburn (R-TN)
Y Barton (R-TX) ex-officio

Democrats (13)

N Schakowsky (D-IL)
N Ross (D-AR)
N Markey (D-MS) NV Towns (D-NY)
N Brown (D-Ohio)
N Rush (D-IL)
NV Green (D-TX)
N Strickland (D-OH)
N DeGette (D-CO)
N Davis (D-FL)
N Gonzalez (D-TX)
N Baldwin (D-WI)
N Dingell (D-MI) ex-officio

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