Wheelchair Right to Repair Act
Summary
The Wheelchair Right to Repair Act (H.R. 5039) aims to ensure that individuals with disabilities and independent repair providers have access to the necessary tools, documentation, and parts to repair powered mobility assistance devices. This bill amends Title 17 of the United States Code to create exceptions for circumventing copyright protection systems for the purpose of diagnosing, maintaining, or repairing these devices. It also requires original equipment manufacturers (OEMs) to make diagnostic, maintenance, and repair tools available to independent repair providers and owners on fair and reasonable terms.
Expected Effects
The Act will likely increase the availability and affordability of repairs for powered mobility assistance devices. This will reduce reliance on authorized repair providers and OEMs. It also empowers individuals with disabilities to maintain their mobility devices more independently.
Potential Benefits
- Increased accessibility to repair services for powered mobility assistance devices.
- Potential cost savings for owners through independent repair options.
- Empowerment of individuals with disabilities to maintain their mobility.
- Creation of a market for independent repair providers.
- Ensuring continued mobility and independence for individuals relying on these devices.
Potential Disadvantages
- Potential for improper repairs leading to safety concerns if independent providers lack sufficient expertise.
- Possible disputes over what constitutes "fair and reasonable terms" for providing tools and documentation.
- Risk of intellectual property infringement if trade secrets are not adequately protected during the provision of repair information.
- Increased burden on manufacturers to provide extensive documentation and support for independent repair.
- Potential for manufacturers to raise prices on new devices to offset costs associated with providing repair information.
Constitutional Alignment
The Wheelchair Right to Repair Act aligns with the spirit of promoting the general welfare, as stated in the Preamble of the US Constitution, by ensuring individuals with disabilities have access to necessary resources for maintaining their mobility. The Act's provisions regarding copyright exceptions are subject to Congress's power to grant exclusive rights to authors and inventors under Article I, Section 8, Clause 8, also known as the Copyright Clause. The enforcement mechanisms through the Federal Trade Commission (FTC) are consistent with the delegation of powers to the executive branch.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).