The Highway Bill: Right to Repair’s Path to Becoming Law?
Key Highlights
- The REPAIR Act advanced out of committee but was significantly altered, with key provisions related to vehicle data access removed or weakened.
- Negotiations with automakers led to the bill being folded into the broader Highway Bill, which may expedite its passage but risks diluting its original intent.
- Advocates are pushing for amendments and engaging with lawmakers to restore comprehensive Right to Repair protections before final legislative approval.
- Congressional timelines are tight, with the Senate yet to draft its version, making the legislative process slow and uncertain for the bill's future.
- Public support and constituent advocacy are crucial, as contacting lawmakers can influence the inclusion of stronger Right to Repair provisions in upcoming legislation.
The REPAIR Act sits in a strange place right now. After the Auto Care Association alerted members to a potential massive shift in the Right to Repair space in May, things have come to a halt once again. It’s true that the REPAIR Act did advance out of the committee that had been reviewing it for over a year—but advocates now argue that what came out of it is inadequate, with key provisions now missing.
With the bill now poised to head to the House floor for a vote, organizations supporting Right to Repair are fighting hard to ensure the changes are reversed before a final vote takes place. The National Federation of Independent Business is one such organization, and Mary Alex Hamby—principal of federal government relations at NFIB—shares with Ratchet+Wrench exactly what state Right to Repair sits in right now.
How the Repair Act Became Part of a Larger Bill
After a year of no movement, the REPAIR Act advanced out of the House Energy and Commerce Committee in May—however, it came with some hangups. Negotiations led to plans to fold the REPAIR Act into the Motor Vehicle Modernization Act of 2026 (H.R. 7389).
H.R. 7389 covers federal surface transportation programs through fiscal year 2031 for sectors including highways, public transportation, and rail. The ultimate plan for H.R. 7389 is for it to be included in the auto safety title of a larger surface transportation bill, the Build America 250 Act (H.R. 8870), also called the Highway Bill.
If provisions from the REPAIR Act were to be included within H.R. 7389, it could be the pathway for Right to Repair to accelerate toward becoming law, as Congress is looking to accelerate this expansive piece of legislation quickly.
“Luckily, repair does fit in, and we’re glad that it does, because we think H.R. 7389 could be one of the last must-pass pieces of legislation this year,” Hamby explains.
But after repeated negotiations with automakers, the language included in H.R. 7389 was not what Right to Repair supporters involved in negotiations were expecting. The final provisions have been described as more closely aligned with the R2R Memorandum of Understanding, an agreement signed by automakers in 2014 that Right to Repair supporters argue is inadequate for today’s vehicle technology.
According to CBT News, the language of the bill was specifically altered to exclude mention of expanding access to connected vehicle data and instead focus on the existing MOU.
“It got stripped down to the 2014 MOU, which is kind of what is currently in place,” says Hamby. “When I’ve talked to our members, there’s nothing really enforceable about the 2014 MOU. A lot has changed with cars since then. Everything is computerized in cars now, whereas in 2014, that wasn’t necessarily the case. There was a lot that could be done repair-wise without dealing with the whole computer system of a car.”
Carving a Path Forward
While the decision was disappointing, it’s far from the end. Although Congress is looking to advance the bill quickly, the surface transportation reauthorization deadline was extended from Sept. 30, 2026, to Dec. 11, 2026. In the meantime, Right to Repair advocates are working hard with lawmakers to reinstate critical provisions in the legislation.
“There are voices still willing to fight on this issue, so we’re hopeful that they will help us,” says Hamby.
Indeed, Rep. Neal Dunn, lead sponsor of the REPAIR Act, spoke out against the changes made to the bill, saying he plans to pursue further changes once the bill comes to the House floor.
“Congress must pass the REPAIR provisions on the House floor to protect consumer choice and data ownership,” said Congressman Dunn in a statement. “I look forward to continuing the work to prepare this bill through discussion with my colleagues and stakeholders on this issue.”
As it stands now, NFIB sees a path for an amendment to be made to the bill, with advocates currently exploring a floor amendment that a House member could introduce. Congressman Dunn is one potential candidate for such an amendment.
Additionally, action will be needed in the Senate before the Highway Bill can proceed. The Senate has yet to draft its version, and according to Senate Environment and Public Works Committee Chair Shelley Moore Capito, that won’t happen until the final weeks of the year. In the Senate, the Environment and Public Works, Commerce, and Banking committees will be the ones to keep an eye on. Once they begin marking up their versions, that should offer clues about what to expect.
While there is still the possibility of the REPAIR Act passing as a standalone bill, Congress is moving so slowly that it’s unclear when the bill might advance on its own.
“It seems like nothing is getting through Congress quickly these days. So everything needs to be in a must-pass vehicle, which we consider the Highway Bill to be a must-pass,” Hamby says. “I think that is the only viable path forward—however, we are still hopeful that there is a path forward with the Highway Bill. There is a possibility for amendments to be added, and the full REPAIR Act language could be restored to the bill through that.”
As time passes, Right to Repair advocates will continue to strategize and collaborate with lawmakers. It isn’t just those leading the march who are speaking up, though. Hamby reminds anyone who supports the REPAIR Act to contact their lawmakers and communicate how it would impact them. Currently, that’s one of the strongest methods to gain more support in Congress.
“A lot of people prefer to go to their independent repair shop, and you should be able to do that,” says Hamby. “If the costs keep skyrocketing and shops are unable to make certain repairs, it could no longer be a viable option if we don’t get this done. So it’s really critical; and for lawmakers to hear from their constituents is helpful because I don’t think that they hear this enough. And we need to keep the drumbeat up on Right to Repair.”
About the Author
Kacey FrederickKacey Frederick
Associate Editor
Kacey Frederick joined as the assistant editor of Ratchet+Wrench in 2023 after graduating from the University of Arkansas at Fort Smith with a bachelor’s in English and a minor in philosophy.
The grandchild of a former motorcycle repair shop owner, he’s undergone many trials and tribulations with vehicles. Now the proud owner of a reliable 2011 Toyota Camry, he works to represent those in the repair industry that keep him and so many others safely rolling on.
