I 
119TH CONGRESS 
1ST SESSION H. R. 5039 
To amend title 17, United States Code, to provide an exception for circumven-
tion 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, diag-
nostic, and repair information to independent repair providers and con-
sumers, 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 deter-
mined 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 excep-
tion for circumvention for the diagnosis, maintenance, 
or repair of a powered mobility assistance device, to 
require original equipment manufacturers of powered mo-
bility assistance devices to make available certain docu-
mentation, diagnostic, and repair information to inde-
pendent repair providers and consumers, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 sub-
section: 
‘‘(l) DIAGNOSIS, MAINTENANCE, AND REPAIR
OF 
POWERED MOBILITY ASSISTANCE DEVICES.— 
‘‘(1) 
EXCEPTION
FOR
ACCESS.—Notwith-
standing 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 cir-
cumvent a technological measure that effectively 
controls access to a work protected under this title. 
‘‘(2) EXCEPTION FOR MANUFACTURE, IMPORTA-
TION, 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 manufac-
ture, import, offer to the public, provide, or other-
wise traffic in any technology, product, service, de-
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vice, 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 dis-
ability; 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, MAINTE-
NANCE, AND REPAIR TOOLS AVAILABLE TO 
INDEPENDENT REPAIR PROVIDERS FOR POW-
ERED MOBILITY ASSISTANCE DEVICE. 
(a) IN GENERAL.— 
(1) TOOLS PROVIDED.—In the case of a pow-
ered mobility assistance device manufactured by or 
on behalf of, sold, or otherwise supplied by an origi-
nal equipment manufacturer, the original equipment 
manufacturer shall make available, in a timely man-
ner and on fair and reasonable terms, for the pur-
pose of diagnosis, maintenance, or repair of the de-
vice, to an independent repair provider and owner, 
any 
documentation, 
part, 
embedded 
software, 
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firmware, and other tool that is needed for repair of 
the device. 
(2) SECURITY-RELATED
FUNCTIONS
NOT
EX-
CLUDED.—For a powered mobility assistance device 
that contains an electronic security lock or other se-
curity-related function, the original equipment man-
ufacturer 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 docu-
mentation, part, software, firmware, or other tool 
may be made available to an independent repair pro-
vider and owner through an appropriate secure data 
release system. 
(3) NOTIFICATION
AND
PROCESS
FOR
RE-
QUESTS REQUIRED.—Not later than 90 days after 
the date of the enactment of this Act an original 
equipment manufacturer of a powered mobility as-
sistance device— 
(A) shall provide to any such provider and 
owner a clear and conspicuous notice of the 
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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 pro-
vider under paragraphs (1) and (2). 
(4) 
NOTIFICATION
REQUIRED
WITH
PUR-
CHASE.—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 in-
tended 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 in-
tended user of that device a clear and conspicuous 
notice of the rights of the user under this sub-
section. 
(b) ENFORCEMENT.— 
(1) ENFORCEMENT BY THE FEDERAL TRADE 
COMMISSION.— 
(A) UNFAIR OR DECEPTIVE ACTS OR PRAC-
TICES.—A violation of subsection (a) shall be 
treated as a violation of a rule defining an un-
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fair 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 per-
son who violates this Act or a regulation 
promulgated under this Act shall be sub-
ject 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 
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limit the authority of the Commission 
under any other provision of law. 
(2) ENFORCEMENT BY STATE ATTORNEYS GEN-
ERAL.— 
(A) IN
GENERAL.—If the chief law en-
forcement officer of a State, or an official or 
agency designated by a State, has reason to be-
lieve that any person has violated or is violating 
subsection (a), the attorney general, official, or 
agency of the State, in addition to any author-
ity 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 sub-
section; 
(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 offi-
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cer) of a State shall provide prior written notice 
of any action under paragraph (1) to the Com-
mission and provide the Commission with a 
copy of the complaint in the action, except in 
any case in which such prior notice is not fea-
sible, 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 Commis-
sion 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 ac-
tion against any defendant named in the com-
plaint 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 di-
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rected 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, main-
tenance, 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 ar-
rangement 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 be-
half 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. 
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(2) REQUIREMENT TO SELL PARTS NOT AVAIL-
ABLE.—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 origi-
nal equipment manufacturer to divulge a trade se-
cret to an independent repair provider or owner, ex-
cept 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 Com-
mission shall identify, notify, and educate independent re-
pair 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 equip-
ment manufacturer grants the person a license 
to use a trade name, service mark, or other pro-
prietary identifier for the purposes of offering 
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the services of diagnosis, maintenance, or repair 
of a powered mobility assistance device under 
the name of the original equipment manufac-
turer, or other arrangement with the original 
equipment manufacturer to offer such services 
on behalf of the original equipment manufac-
turer; and 
(B) includes an original equipment manu-
facturer that provides diagnosis, maintenance, 
or repair of a powered mobility assistance de-
vice 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 ‘‘documenta-
tion’’ means any manual, maintenance procedure, 
functional and wiring diagram, reporting output, 
service code description, circuit board schematic, se-
curity code, password, training material, trouble-
shooting information, list of required tools, parts 
list, or other guidance or information used in pro-
viding diagnosis, maintenance, or repair of a pow-
ered mobility assistance device. 
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