One reason for that failure is the National Automobile Dealers Association (NADA). Not only does the group oppose H.R. 2694, but NADA has the political resources to make its opposition stick. That was clear as the Automotive Aftermarket Industry Association (AAIA) tried to round up Democratic and Republican Senate co-sponsors for the bill in 2008.
Aaron Lowe, vice president of government affairs for AAIA, says a Senate bill will be introduced soon. A Democratic senator already has agreed to co-sponsor the bill, but Lowe did not want to name names prior to the introduction of the legislation. Sen. Lindsey Graham, R-S.C., who has co-sponsored the bill in the past, will not be doing so this year.
"The Right to Repair bill is not about repair information. It is an effort by rogue aftermarket parts manufacturers to gain access to automakers' blueprints," says A. Bailey Wood Jr., director, legislative affairs and communications, NADA.
According to The Center for Responsive Politics, the NADA PAC ranks 21st among all PACs for contributions since 1989. But among business trade associations, only Realtors have given Congress more money than NADA, whose contributions exceed those of the homebuilders and bankers. In the 2005-2006 election cycle, NADA's PAC gave $2.9 million to House and Senate candidates. In addition, the owners of car dealerships and their executives gave another $4.25 million.
By contrast, AAIA's PAC handed out $40,000 during the same period. In the 2005-2006 cycle, AutoZone Inc. gave $62,875 to congressional candidates. The same disparity is in evidence in the current campaign cycle heading into the 2008 elections.
The only good news about the PAC gap is that dealers favored Republicans by a three-to-one margin in 2005-2006. That margin was more than two-to-one in 2007. So Democrats might be more willing to ignore the dealers' political purse.
But the legislation must be passed by the Energy & Commerce Committee in the House. Rep. Edolphus Towns, D-N.Y., a member of the committee's commerce, trade and consumer protection subcommittee, is the prime co-sponsor in the House. However, Alex Beckles, the Towns staffer who has been running point on the bill, left Capitol Hill at the start of 2008.
The bigger problem is committee chairman Rep. John Dingell, D-Mich. Dingell, who calls the RTR legislation "a bill in search of a problem," is unlikely to let H.R. 2694 pass, since it is opposed by the Alliance of Automobile Manufacturers.
That being said, House members continue to sign on as co-sponsors of the Towns bill. One of the most recent is Rep. Dennis Moore, D-Kan. "The legislation is a balanced approach to ensure consumer choice and safety in the vehicles individuals own while protecting the automotive industry's trade secrets," says Rebecca Black, spokeswoman for Moore. "All consumers should have access to the information they need to properly service and maintain their vehicles."
Stephen Barlas has been a full-time freelance Washington editor since 1981, reporting for trade, professional magazines and newspapers on regulatory agency, congressional and White House actions and issues. He also writes a column for Automotive Engineering, the monthly publication from the Society of Automotive Engineers.
