119-hr5039

[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 
 States Code.
 <all>