H.R. 5039 — Wheelchair Right to Repair Act

This section establishes permanent exceptions to the prohibition on circumventing technological measures that control access to copyrighted works under Section 1201 of the Digital Millennium Copyright Act (DMCA), for the diagnosis, maintenance, or repair of powered mobility assistance devices (i.e., motorized wheeled devices for individuals with physical disabilities or wearable robotic devices to augment walking ability). (1) It permits such circumvention for access purposes, notwithstanding DMCA Section 1201(a)(1)(A); and (2) it permits manufacturing, importing, offering to the public, providing, or trafficking in any necessary technology, product, service, device, component, or part thereof, notwithstanding DMCA Sections 1201(a)(2) and (b)(1). (Thus, independent repair providers may bypass digital locks on such devices without civil or criminal liability under the DMCA.)

This section requires original equipment manufacturers (OEMs) of powered mobility assistance devices to make available, in a timely manner and on fair and reasonable terms, any necessary documentation, parts, embedded software, firmware, and tools—including those to disable and reset security functions—for diagnosis, maintenance, or repair to independent repair providers and owners. It further requires such OEMs (1) within 90 days of enactment, to notify existing providers and owners of these rights and establish a public request process; (2) with each device purchase on or after enactment, to notify the owner and intended users; and (3) independent providers and owners to notify intended users. This section treats violations as unfair or deceptive acts under FTC Act section 18(a)(1)(B) (15 U.S.C. 57a(a)(1)(B)), authorizes FTC enforcement using its standard powers (including rulemaking under 5 U.S.C. §553) without limiting other FTC authorities, and permits state attorneys general to seek injunctions, penalties, and damages (with prior notice to FTC and limits during pending federal actions). It also shields OEMs and authorized providers from liability for damages from independent repairs unless attributable to them.