Newly passed legislation by the U.S. House Committee on Energy and Commerce codifies the 2014 memorandum of understanding (MOU) between auto manufacturers and the aftermarket to ensure repairers have access to repair information and tools, narrowing focus of prior REPAIR Act proposals.

H.R. 7389, “The Motor Vehicle Modernization Act of 2026,” includes several pieces of legislation regarding transportation safety, as well as the proposed Right to Equitable and Professional Auto Industry Repair (REPAIR) Act. Several facets of the REPAIR Act are essentially stripped in the amended act passed 48-1 by the committee on May 21.

The Alliance for Automotive Innovation (Auto Innovators) emailed a statement to RDN about the legislation.

“The REPAIR Act that cleared the committee today is vastly different than earlier versions of the bill that we opposed,” it wrote. “The committee essentially codified an existing Memorandum of Understanding established in 2014 between automakers, independent repairers, and aftermarket parts retailers whereby automakers committed to making all repair instructions, tools, and diagnostic codes readily available to dealers and independent repairers. This is something we’ve been emphasizing for quite some time.”

In a letter of support for the bill to the committee, Auto Innovators President and CEO John Bozzella wrote that independent automotive repairers, collision repair experts, and leading automakers all support the right to repair and — “always have, always will.”

“Those same independent repairers and collision experts will tell you they have no problem getting exactly what they need to properly and safely repair a vehicle,” he wrote. “By codifying this landmark agreement in H.R. 7389, the committee has indicated this existing framework governing automotive right to repair should be the law of the land. Further strengthening this provision by making it clear that it is intended to preempt state right-to-repair laws is something we encourage the committee to consider.”

An email from the Society of Collision Repair Specialists (SCRS) to Repairer Driven News states that the organization has spent a lot of time and energy giving its members opportunities to have their voices heard by the committee members, and providing that platform helped lead to important changes.

“The revised language appears to remove several concerning provisions that would have extended far beyond repair access and created pathways for unnecessary and invasive access to vehicle and consumer data by a broad range of corporate interests,” the statement says. “We are encouraged that these changes may create more of an opportunity for House and Senate leaders to further explore the real challenges facing the repair industry that stem from commercial influence over consumer choice, and barriers to proper repair, while also building upon this foundation through consideration of collaborative solutions reflected in the SAFE Repair framework developed between the repair industry and OEM stakeholders.”

Auto Care Association President and CEO Bill Hanvey shared in a statement with members on Thursday that the new R2R provision “falls short of establishing all of the fundamental protections that American vehicle owners and independent auto shops need amidst growing repair barriers and rising costs.”

“We look forward to working with House and Senate leaders to improve this language as it moves to the floor,” he wrote. “As we’ve said before, the 2014 MOU needs to be meaningfully updated to reflect transformative changes to the industry and technology. We firmly believe that giving independent shops access to wirelessly transmitted repair and maintenance data, as reflected in Rep. Neal Dunn’s bipartisan REPAIR Act, offers the best approach to fully protecting America’s 270,000-plus independent repair shops and 239 million vehicle owners.”

Prior versions of the REPAIR Act included provisions requiring wireless access to vehicle data through telematics systems, along with broader protections related to aftermarket entities and diagnostic tool access. Many of those more controversial elements now appear to have been shifted into a Federal Trade Commission study on marketplace practices within the motor vehicle aftermarket.

The amended version appears to retain more limited language intended to preserve certain existing legal structures, including aspects of dealer franchise, warranty, and broader state-law relationships, in a more streamlined form.

During the May 21 markup hearing, Rep. Lori Trahan (D-MA-03) asked whether the R2R portion of the bill protects the will of her constituents or “does it quietly chip away at it?”

“In 2020, the people of Massachusetts passed our right to repair law at the ballot box with 75% of the vote, Republicans, Democrats, and independents,” she said. “It’s hard to get three out of four people in Massachusetts to agree on anything, but they agreed to this. When you buy a car, it’s your car. You should be able to get it fixed where you want, by whom you want — the dealership, the corner garage, or in your own driveway.

“But for years, the will of the voters was stalled by litigation. The automakers fought the 2020 law, tooth and nail, rejecting the automaker’s preemption claims and upholding the law. Finally, Massachusetts is enabled to enforce their law, and the autos [automakers] will need to comply… It [H.R. 7389] protects the laws governing relationships between car makers and their dealers, the franchise system, but the relationship at the very heart of right to repair isn’t the one between the manufacturer and the dealer. It’s the relationship between the manufacturer and you, the owner, and between the manufacturer and the independent mechanic you choose to trust with your car. That relationship is not reflected on the list of protected provisions.”

Trahan later voted in favor of the bill while fellow Massachusetts Rep. Jake Auchincloss (D-MA-04) voted no.

Rep. Dr. Neal Dunn (R-FL-02), co-sponsor of the REPAIR Act, stated after Trahan’s remarks that he hopes everybody takes them to heart.

“This is a serious matter, and it’s a big deal,” he said.

Dunn added that the amendment “represents a fairly negotiated version” of his REPAIR Act.

“Automotive right to repair has been a priority of mine for the last several years, and while I appreciate that this amendment and nature of substitute includes a section on this subject, I do think that it falls short of ensuring that each one of our constituents has the choice of where to see safe, affordable, and accessible repair for their vehicles,” he said.

“A simple codification of an outdated memorandum of understanding is insufficient in addressing very real restrictions on repair data that are currently being implemented by vehicle manufacturers in an effort to monopolize the repair market. And while I believe there are several missing components in the MOU, the most glaring is that it does not include wirelessly transmitted data referred to generally as telematics.”

Dunn said Congress has a responsibility to respect consumers’ right to repair their own vehicles and support small businesses by removing “unnecessary barriers” that drive up repair costs.

“I’m extremely disappointed that the version included in the package we vote on will not include the true REPAIR Act,” he said. “It is simply a watered-down version that was derailed by parties that stand to gain from the status that it fails to protect the computer consumer choice, promote competition, and help lower repair costs for hardworking families.

“I’ll be able to support the broader bill today, but please know I want to get the real REPAIR Act done, and I will not back down from this fight.”

The REPAIR Act has largely been championed by ACA, alongside the CAR Coalition, whose member companies include ABPA, Allstate, the American Property Casualty Insurance Association, CAPA, Diamond Standard, Farmers Insurance, PartsTrader, and others.

“We appreciate Chairman Guthrie and Ranking Member Pallone’s acknowledgement that today’s language does not go far enough to protect American families and small businesses,” said CAR Coalition Executive Director Justin Rzepka. “Let’s be clear: codifying a 2014 MOU does nothing to expand consumer choice and instead hands automakers a costly repair monopoly.”

H.R. 7389 also includes:

• • National Highway Traffic Safety Administration (NHTSA) reform;
  • Safe Vehicle Access for Survivors Act to protect domestic violence survivors from stalking and harassment via connected vehicle services;
  • Magnus White and Safe Streets for Everyone Act, which aims to make roads safer for cyclists and pedestrians;
  • Know Before You Drive Act to clarify the proper and correct use of automated driving systems;
  • Protecting the Automotive Industry from Foreign Adversaries Act to prohibit U.S. importation, manufacture, sale, resale, or introduction into interstate commerce of connected vehicles and related software and hardware associated with foreign adversaries;
  • Promoting Resilient Supply Chains Act to establish a supply chain resiliency and crisis response program in the Department of Commerce;
  • Securing Semiconductor Supply Chains Act to increase foreign direct investment in semiconductor-related manufacturing and production; and
  • ADAS Functionality and Integrity Act to provide proper calibration procedures of ADAS and other vehicle dynamic systems following modification or customization, and allowable modification ranges for passenger motor vehicles, including physical parameters that impact ADAS functionality on modified vehicles.

The Specialty Equipment Market Association (SEMA) called the amended ADAS Functionality and Integrity Act portion of the bill (Section 221) groundbreaking in protecting vehicle owners’ right to modify their cars and trucks.

“The bill would ensure that vehicle owners and the automotive aftermarket industry have necessary information needed to ensure advanced safety systems continue to operate as intended after common modifications of cars and trucks, including the addition of wraps, bumpers with winches, or even bike racks,” SEMA states in a press release.

The release notes that the bill directs NHTSA to study the impact of common vehicle modifications on ADAS and empowers the agency to develop data-driven guidelines, specifying how much a vehicle can be modified without compromising ADAS functionality.

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