[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5039 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5039
To amend title 17, United States Code, to provide an exception for
circumvention for the diagnosis, maintenance, or repair of a powered
mobility assistance device, to require original equipment manufacturers
of powered mobility assistance devices to make available certain
documentation, diagnostic, and repair information to independent repair
providers and consumers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 26, 2025
Mr. Frost (for himself and Ms. Perez) introduced the following bill;
which was 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
_______________________________________________________________________
A BILL
To amend title 17, United States Code, to provide an exception for
circumvention for the diagnosis, maintenance, or repair of a powered
mobility assistance device, to require original equipment manufacturers
of powered mobility assistance devices to make available certain
documentation, diagnostic, and repair information to independent repair
providers and consumers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wheelchair Right to Repair Act''.
SEC. 2. EXCEPTION FOR CIRCUMVENTION OF COPYRIGHT PROTECTION SYSTEMS.
Section 1201 of title 17, United States Code, is amended by adding
at the end the following new subsection:
``(l) Diagnosis, Maintenance, and Repair of Powered Mobility
Assistance Devices.--
``(1) Exception for access.--Notwithstanding the provisions
of subsection (a)(1)(A), it is not a violation of that
subsection for a person, for the purpose of the diagnosis,
maintenance, or repair of a powered mobility assistance device,
to circumvent a technological measure that effectively controls
access to a work protected under this title.
``(2) Exception for manufacture, importation, and offer to
public.--Notwithstanding the provisions of subsections (a)(2)
and (b)(1), it is not a violation of that subsection for a
person, for the purpose of the diagnosis, maintenance, or
repair of a powered mobility assistance device, to manufacture,
import, offer to the public, provide, or otherwise traffic in
any technology, product, service, device, component, or part
thereof described in that subsection.
``(3) Powered mobility assistance device defined.--In this
subsection, the term `powered mobility assistance device'
means--
``(A) a motorized wheeled device designed for use
by an individual with a physical disability; and
``(B) a wearable robotic device designed to augment
and enhance the physical ability of an individual to
walk.''.
SEC. 3. REQUIREMENT TO MAKE DIAGNOSTIC, MAINTENANCE, AND REPAIR TOOLS
AVAILABLE TO INDEPENDENT REPAIR PROVIDERS FOR POWERED
MOBILITY ASSISTANCE DEVICE.
(a) In General.--
(1) Tools provided.--In the case of a powered mobility
assistance device manufactured by or on behalf of, sold, or
otherwise supplied by an original equipment manufacturer, the
original equipment manufacturer shall make available, in a
timely manner and on fair and reasonable terms, for the purpose
of diagnosis, maintenance, or repair of the device, to an
independent repair provider and owner, any documentation, part,
embedded software, firmware, and other tool that is needed for
repair of the device.
(2) Security-related functions not excluded.--For a powered
mobility assistance device that contains an electronic security
lock or other security-related function, the original equipment
manufacturer shall make available, in a timely manner and on
fair and reasonable terms, to an independent repair provider
and owner, any documentation, part, embedded software,
firmware, or other tool needed to disable the lock or function,
and to reset the lock or function when disabled in the course
of diagnosis, maintenance, or repair of the device. Any such
documentation, part, software, firmware, or other tool may be
made available to an independent repair provider and owner
through an appropriate secure data release system.
(3) Notification and process for requests required.--Not
later than 90 days after the date of the enactment of this Act
an original equipment manufacturer of a powered mobility
assistance device--
(A) shall provide to any such provider and owner a
clear and conspicuous notice of the rights of the
provider and owner under this subsection; and
(B) shall establish and make public a standard
process by which a request can be made by an owner or
independent repair provider under paragraphs (1) and
(2).
(4) Notification required with purchase.--An original
equipment manufacturer of a powered mobility assistance device
shall provide with any purchase of such device on and after the
date of the enactment of this Act a clear and conspicuous
notice of the rights of the owner and any other intended user
of the device under this subsection.
(5) Notification for intended users.--An independent repair
provider and owner of a powered mobility assistance device
shall provider to any intended user of that device a clear and
conspicuous notice of the rights of the user under this
subsection.
(b) Enforcement.--
(1) Enforcement by the federal trade commission.--
(A) Unfair or deceptive acts or practices.--A
violation of subsection (a) shall be treated as a
violation of a rule defining an unfair or deceptive act
or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(B) Powers of the commission.--
(i) In general.--The Commission shall
enforce this Act and any regulations
promulgated under this Act in the same manner,
by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this
Act, and any person who violates this Act or a
regulation promulgated under this Act shall be
subject to the penalties and entitled to the
privileges and immunities provided in the
Federal Trade Commission Act.
(ii) Regulations.--The Commission may,
under section 553 of title 5, United States
Code, prescribe any regulations it determines
necessary to carry out this Act.
(iii) Effect on other laws.--Nothing in
this Act shall be construed to limit the
authority of the Commission under any other
provision of law.
(2) Enforcement by state attorneys general.--
(A) In general.--If the chief law enforcement
officer of a State, or an official or agency designated
by a State, has reason to believe that any person has
violated or is violating subsection (a), the attorney
general, official, or agency of the State, in addition
to any authority it may have to bring an action in
State court under State law, may bring a civil action
in any appropriate United States district court or in
any other court of competent jurisdiction, including a
State court, to--
(i) enjoin further such violation by such
person;
(ii) enforce compliance with such
subsection;
(iii) obtain civil penalties; and
(iv) obtain damages, restitution, or other
compensation on behalf of residents of the
State.
(B) Notice and intervention by the ftc.--The
attorney general (or other such officer) of a State
shall provide prior written notice of any action under
paragraph (1) to the Commission and provide the
Commission with a copy of the complaint in the action,
except in any case in which such prior notice is not
feasible, in which case the attorney general shall
serve such notice immediately upon instituting such
action. The Commission shall have the right--
(i) to intervene in the action;
(ii) upon so intervening, to be heard on
all matters arising therein; and
(iii) to file petitions for appeal.
(C) Limitation on state action while federal action
is pending.--If the Commission has instituted a civil
action for violation of this Act, no State attorney
general, or official or agency of a State, may bring an
action under this paragraph during the pendency of that
action against any defendant named in the complaint of
the Commission for any violation of this Act alleged in
the complaint.
(D) Relationship with state law claims.--If the
attorney general of a State has authority to bring an
action under State law directed at acts or practices
that also violate this Act, the attorney general may
assert the State law claim and a claim under this Act
in the same civil action.
(c) Liability for Damage or Injury.--An original equipment
manufacturer or authorized repair provider is not liable for any damage
to or injury from any powered mobility assistance device caused by an
independent repair provider or owner that occurs during the diagnosis,
maintenance, or repair of the device and is not attributable to the
original equipment manufacturer or authorized repair provider, unless
the damage or injury is attributable to a design or manufacturing
defect of the device.
(d) Rules of Construction.--
(1) Agreed upon terms.--Nothing in this section may be
construed to alter any term of an arrangement between an
authorized repair provider and an original equipment
manufacturer, including the performance or provision of
warranty or recall repair work by an authorized repair provider
on behalf of an original equipment manufacturer, except that
any such term that waives, avoids, restricts, or limits the
requirements of the original equipment manufacturer to comply
with this section is void and unenforceable.
(2) Requirement to sell parts not available.--Nothing in
this section may be construed to require an original equipment
manufacturer to sell a part if the part is no longer available.
(3) Protection of trade secrets.--Nothing in this section
may be construed to require an original equipment manufacturer
to divulge a trade secret to an independent repair provider or
owner, except as necessary to provide any documentation, part,
embedded software, firmware, or other tool in accordance with
this section.
(e) Notification Required.--Not later than 90 days after the date
of the enactment of this Act, the Commission shall identify, notify,
and educate independent repair providers about the requirements of this
section.
(f) Definitions.--In this section:
(1) Authorized repair provider.--The term ``authorized
repair provider''--
(A) means a person that is unaffiliated with the
original equipment manufacturer and has an arrangement
with an original equipment manufacturer under which the
original equipment manufacturer grants the person a
license to use a trade name, service mark, or other
proprietary identifier for the purposes of offering the
services of diagnosis, maintenance, or repair of a
powered mobility assistance device under the name of
the original equipment manufacturer, or other
arrangement with the original equipment manufacturer to
offer such services on behalf of the original equipment
manufacturer; and
(B) includes an original equipment manufacturer
that provides diagnosis, maintenance, or repair of a
powered mobility assistance device manufactured by that
manufacturer and that does not have an arrangement
described in subparagraph (A).
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Documentation.--The term ``documentation'' means any
manual, maintenance procedure, functional and wiring diagram,
reporting output, service code description, circuit board
schematic, security code, password, training material,
troubleshooting information, list of required tools, parts
list, or other guidance or information used in providing
diagnosis, maintenance, or repair of a powered mobility
assistance device.
(4) Embedded software.--The term ``embedded software''--
(A) means any programmable software instruction
delivered with or loaded onto equipment, or a part of
such equipment, to allow the equipment or part to
operate or communicate with other computer hardware;
and
(B) includes any relevant patch and fix that the
manufacturer makes for purposes of diagnosis,
maintenance, or repair of equipment.
(5) Fair and reasonable terms.--The term ``fair and
reasonable terms'', with respect to the provision of a any
documentation, part, embedded software, firmware, or other
tool, means at costs and terms that are equivalent to the most
favorable costs and terms under which an original equipment
manufacturer offers the documentation, part, software,
firmware, or tool to an authorized repair provider--
(A) accounting for any discount, rebate, convenient
means of delivery, means of enabling fully restored and
updated functionality, rights of use, or other
incentive or preference the original equipment
manufacturer offers to an authorized repair provider,
or any additional cost, burden, or impediment the
original equipment manufacturer imposes on an
independent repair provider;
(B) not conditioned on or imposing a substantial
obligation or restriction that is not reasonably
necessary for enabling the independent repair provider
or owner to engage in the diagnosis, maintenance, or
repair of the device made by or on behalf of the
original equipment manufacturer; and
(C) not conditioned on an arrangement described in
paragraph (1)(A).
(6) Firmware.--The term ``firmware'' means a software
program or set of instructions programmed on a powered mobility
assistance device, or on a part for such device, that allows
the device or part to communicate within the device or part or
with other device hardware.
(7) Independent repair provider.--The term ``independent
repair provider'' means a person that operates in a State, that
does not have an arrangement described in paragraph (1)(A) with
an original equipment manufacturer, and who is engaged in the
services of diagnosis, maintenance, or repair of a powered
mobility assistance device.
(8) Original equipment manufacturer.--The term ``original
equipment manufacturer'' means a person engaged in the business
of selling, leasing, or otherwise supplying new powered
mobility assistance devices manufactured by or on behalf of
itself, to any individual or other person.
(9) Owner.--The term ``owner'' means a person who owns or
leases powered mobility assistance device purchased or used in
the United States.
(10) Part.--The term ``part'' means any replacement part,
new or used, generally available or used by an original
equipment manufacturer or an authorized repair provider of the
manufacturer for providing maintenance or repair of a powered
mobility assistance device manufactured by or on behalf of,
sold, or otherwise supplied by the original equipment
manufacturer.
(11) Powered mobility assistance device.--The term
``powered mobility assistance device'' means--
(A) a motorized wheeled device designed for use by
an individual with a physical disability; and
(B) a wearable robotic device designed to augment
and enhance the physical ability of an individual to
walk.
(12) Tool.--The term ``tool'' means any software program,
hardware implement, or other apparatus used for diagnosis,
maintenance, or repair of a powered mobility assistance device,
including software or other mechanism that provisions,
programs, or pairs a new part, calibrates functionality, or
performs any other function required to bring the product back
to fully functional condition, including any update.
(13) Trade secret.--The term ``trade secret'' has the
meaning given that term in section 1839 of title 18, United