Wheelchair Right to Repair Act
- Bill Number
- H.R. 5039
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2025-08-26: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2025-09-19T17:03:40Z
AI-Generated Summary
Purpose
The Wheelchair Right to Repair Act (H.R. 5039) aims to facilitate the diagnosis, maintenance, and repair of powered mobility assistance devices, such as motorized wheelchairs and wearable robotic exoskeletons for walking. It seeks to ensure that owners and independent repair providers can access necessary tools and information without being restricted by copyright protections or manufacturer limitations, promoting affordability and accessibility for individuals with physical disabilities.
Key Provisions
- Exceptions to Copyright Restrictions: Amends Section 1201 of title 17, United States Code (the Digital Millennium Copyright Act, or DMCA, which prohibits bypassing technological protections on copyrighted works), to allow circumvention of access controls for repairing powered mobility devices. This includes exceptions for manufacturing, importing, or distributing tools needed for such repairs.
- Manufacturer Obligations: Original equipment manufacturers (OEMs) of powered mobility devices must provide, on fair and reasonable terms, documentation (e.g., manuals, diagrams, schematics), parts, embedded software, firmware, and tools to independent repair providers and device owners. This includes tools to disable and reset security features like electronic locks.
- Notification Requirements: OEMs must notify buyers and users of their repair rights at purchase and within 90 days of enactment. They must also establish a public process for requesting repair resources. Independent providers and owners must inform intended users of these rights.
- Enforcement Mechanisms:
- The Federal Trade Commission (FTC) enforces compliance as an unfair or deceptive practice under the FTC Act, with powers to issue regulations and penalties.
- State attorneys general can bring civil actions for injunctions, penalties, and compensation, with coordination and limitations when federal actions are pending.
- Liability Protections: OEMs and authorized repairers are not liable for damages caused by independent repairs, unless due to a design or manufacturing defect.
- Rules of Construction: Does not alter existing warranty agreements (except voiding terms that restrict compliance), require selling unavailable parts, or force disclosure of trade secrets beyond what's necessary for repairs. Defines key terms like "powered mobility assistance device" (motorized wheeled devices for disabilities or wearable robotics to aid walking), "independent repair provider," "OEM," and "fair and reasonable terms" (costs equivalent to those offered to authorized providers, without undue restrictions).
- FTC Education Role: The FTC must notify and educate independent repair providers about the law within 90 days of enactment.
Significant Changes to Existing Law
- DMCA Amendments: Introduces a new subsection (l) to Section 1201, creating specific exceptions for powered mobility devices that override the general prohibition on circumventing technological measures protecting copyrighted works (e.g., software in devices). This is a targeted carve-out not previously available for these medical devices.
- Right to Repair Mandates: Imposes new affirmative duties on OEMs to share repair resources, extending beyond voluntary practices and integrating enforcement through FTC and state authorities. Previously, such access was often controlled by manufacturers without legal requirements.
- No Broader Precedent: Changes are limited to powered mobility devices, without altering DMCA rules for other products.
Potential Impacts
- On Citizens: Device owners (often people with disabilities) may benefit from lower repair costs, faster service, and reduced reliance on expensive OEM repairs, improving device accessibility and longevity.
- On Government Agencies: The FTC gains expanded enforcement authority and rulemaking power, potentially increasing workload for monitoring compliance. State attorneys general can pursue actions, enhancing local consumer protection.
- On International Relations: Minimal direct impact, though it could influence U.S. trade negotiations on intellectual property if foreign manufacturers of these devices (e.g., exoskeletons) must comply when selling in the U.S.
- Broader Effects: Encourages competition in repair markets, potentially reducing monopolistic control by OEMs, but may raise costs for manufacturers to develop secure sharing systems.
Main Stakeholders Affected
- Original Equipment Manufacturers (OEMs): Required to share proprietary information and tools, facing potential enforcement actions for non-compliance.
- Independent Repair Providers: Gain legal access to resources, enabling them to service devices without manufacturer affiliation.
- Device Owners and Users: Primarily individuals with physical disabilities who rely on these devices; they receive repair rights and notifications, with protections against liability for self-repairs.
- Authorized Repair Providers: Affiliated with OEMs; their arrangements remain intact but cannot restrict independent access.
- Government Entities: FTC (lead enforcer) and state attorneys general (for civil suits), plus consumers broadly through enhanced protections.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens "right to repair" precedents by carving out DMCA exceptions for essential medical devices, balancing copyright protections with public interest in accessibility. Protects trade secrets under existing law (18 U.S.C. § 1839) while mandating limited disclosures, potentially reducing litigation over IP infringement. Enforcement treats violations as unfair practices, streamlining remedies without new criminal penalties.
- Constitutional: Aligns with due process by providing clear definitions and processes; no apparent First Amendment issues, as it focuses on access rather than speech. Could support equal protection arguments for disability accommodations under the Americans with Disabilities Act by promoting device affordability.
- Political: Advances consumer advocacy and disability rights agendas, potentially bipartisan appeal in supporting medical innovation access. May spark debates on expanding right-to-repair laws to other sectors (e.g., agriculture or autos), influencing future legislation amid tensions between tech/IP interests and repair competition.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Rep. Perez, Marie Gluesenkamp [D-WA-3]
Recent Actions
- 2025-08-26: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-08-26: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-08-26: Introduced in House
- 2025-08-26: Introduced in House
Bill Versions
- Wheelchair Right to Repair Act — issued 2025-08-26 — PDF (15 pages)