H.R. 5039

119 HR 5039 IH: Wheelchair Right to Repair Act
 U.S. House of Representatives
 2025-08-26
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 I  119th CONGRESS  1st Session  H. R. 5039  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.
1.
Short title
This Act may be cited as the   Wheelchair Right to Repair Act  .
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.
 .
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 States Code.