Two House Subcommittees recently held hearings aimed at reigniting discussions over whether manufacturers should be allowed to place restrictions on their parts, software or tools that limit third-party mechanics and consumers from repairing their own equipment.
Vehicle makers have long argued that they shouldn’t have to share proprietary performance information. For independent repair shops – many of which are operated by NATSO members – this practice, known as Right to Repair, makes for an unfair marketplace.
The U.S. House Committee on Small Business Subcommittee on Underserved, Agricultural, and Rural Business Development and the House Rules Committee Legislative and Budget Process Subcommittee each held hearings in recent days, however there are no plans to move any legislation at this time.
Witnesses for the hearings included the Associated Equipment Distributors, Wood Prairie Family Farm, the Digital Right to Repair Coalition, small business owners and operators and PIRG, among others.
In his opening remarks, Rep. Morelle, who serves on the Rules Committee and championed right to repair legislation in his home state of New York, said that Congress should explore actions it can take to “allow individuals the right to choose how they repair their own digital equipment, ensuring that companies who unfairly restrict the right to repair are held accountable.”
During the House Small Business hearing, debate largely centered on whether federal action on Right to Repair would risk the privacy and security of U.S. intellectual property.
The Right to Repair issue had gained momentum in 2021, when President Biden issued a sweeping Executive Order directing federal regulatory agencies to take a variety of steps that would fundamentally alter the government's regulation of businesses' competitive practices.
Specifically, the order directs the Federal Trade Commission (FTC) to address “unfair anticompetitive restrictions on third-party repair or self-repair items, such as the restrictions imposed by powerful manufacturers that prevent farmers from repairing their own equipment.”
Lawmakers in early 2022 in the House and Senate introduced legislation aimed at leveling the playing field for independent repair providers, only the House bill included motor vehicles.
U.S. Senators Ben Ray Luján (D-N.M.), Cynthia Lummis (R-Wyo.) and Ron Wyden (D-Ore.) introduced the Fair Repair Act of 2022, bipartisan legislation that seeks to ensure that manufacturers do not lock out owners and independent service providers from providing repairs by denying access to parts, tools, and documentation. However, that measure expressly excluded motor vehicles.
Similarly, Congressman Bobby Rush (D-Ill.), a senior member of the House Committee on Energy and Commerce, introduced the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act (H.R. 6570). This legislation would ensure that vehicle owners and independent repair shops have equal access to repair and maintenance tools and data as car companies and licensed dealerships.
Congressman Rush’s plans to retire, however, have left that measure without a sponsor.
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