Amended Legislation Narrowly Passes Through Subcommittee

RIGHT TO REPAIR Amended Legislation Narrowly Passes Through Subcommittee

WASHINGTON - By the thinnest of margins and a recorded vote of 14-13, an amended H.R. 2048, the Motor Vehicle Owners' Right to Repair Act of 2005 (R2R), passed yesterday in the markup session of the House subcommittee on Commerce, Trade, and Consumer Protection. The amended bill - which many on the subcommittee acknowledged as a backwards step from the original language and intent - now moves to the full Committee on Energy and Commerce (CoEC) for its consideration.

Fact or fiction?
It was clear that legislative support of the R2R bill has wavered since the beginning of Congress' 109th Session, especially during the past week. In opening remarks, prior to considering any amendments or voting on the markups, a number of subcommittee members - including bill co-sponsors - raised concerns and criticisms regarding prior testimony. These members openly questioned whether a servicing problem even exists, criticized the e-mail campaigns employed by some stakeholders, and castigated persons and groups testifying who had not provided quantified data to back up anecdotal evidence. Full text of the amendments can
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Vice Chairman Jan Schakowsky (D-IL) opened by saying, "I will not be able to support this bill." She cited the subcommittee's repeated requests to pro-legislation spokespersons to back up their claims with real quantified data: "Why haven't the complaints been documented?"

She also mentioned her request to have today's meeting postponed so members could have time to consider an amendment by Representative Joe Barton (R-TX). She pointed out that the amendment had only been made available the evening before the markup session. Her request was denied. She finished by noting that the bill as it now stands would hinder progress made to date by the industry.

Tammy Baldwin (D-WI), a co-sponsor of the bill, echoed Schakowsky's concern: "When we had our recent hearing, we listened as the aftermarket tried to show the legislation was still needed." She noted that no quantitative evidence was ever submitted to support that need . She added she was impressed with NASTF's progress to date and that moving forward with R2R legislation would interfere with a process that is making progress.

Marsha Blackburn (R-TN) noted that like physicians, tailors and other professionals, technicians also can choose what service(s) they wish to provide. She was particularly critical of those testifying parties that had used mass e-mail messages in their efforts to influence the position of subcommittee members.

Representative Charles Bass (R-NH) may have summed up the matter best. He explained that on the one hand, automakers say "we are doing everything properly"; while on the other, parts makers, the aftermarket outlets and some independent shops are saying they aren't getting the information needed to repair. He queried, "Is there a problem that needs to be solved? I don't think we know yet."

Stemming the tide CoEC Chairman and primary R2R sponsor Joe Barton (R-TX) commented on the divided subcommittee, as well as the discussions that began in the last hearing and spilled into the markup session. He said it's like porridge: "Some will say it's too hot. Some will say it is too cold. Some will say there was never any porridge at all."

It became evident at the May 17 hearing that some members were shifting their position, which posed a serious threat that the proposed R2R bill would die at the subcommittee level. Those still supporting R2R legislation moved to bridge the gap that was developing. The night before the markup session, Barton provided an amendment to the subcommittee to keep it alive.

Although several members stated they would have preferred more time to consider and discuss the changes, the amendment was introduced into today's markup session. Barton's amendment addressed some of the concerns subcommittee members have - namely, those concerns about exposing the domestic auto industry to unfair competitive risks and litigation.

During discussion of these proposed changes, Lee Terry (R-NE) proposed an amendment to Barton's amendment that would require a study by the Comptroller General's office. He proposed the office conduct a fact-finding investigation to identify if a real problem exists, and if so, to what extent.

Nuts & boltsSpecifically, the summary of two amendments made to address subcommittee members' concerns include the following provisions:

* They delete specific language in some sections, deemed inflammatory and divisive, which was found primarily the first section of the bill.

* Simplify the bill as to what information about service, tools and training will be made available by the automakers, and how it will be made available.

* Prohibits the disclosure of intellectual property.

* Bars the bill being used as grounds to enable private party actions, such as litigation.

* Requires a government study to determine if a real problem exists and its extent.

Terry's suggestion was adopted; then the Barton amendment, as amended, was accepted. The final amended R2R bill was then voted on and passed by a one-vote margin. The proposed amended bill now moves to the full Committee on Energy and Commerce for its consideration and discussion.

(Source: House Subcommittee on Commerce, Trade, and Consumer Protection)