[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5604 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5604
To require original equipment manufacturers to make available certain
documentation, parts, software, and tools with respect to electronics-
enabled implements of agriculture, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2023
Ms. Perez introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require original equipment manufacturers to make available certain
documentation, parts, software, and tools with respect to electronics-
enabled implements of agriculture, 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 ``Agricultural Right to Repair Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Authorized repair provider.--The term ``authorized
repair provider''--
(A) means, with respect to farm equipment of an
original equipment manufacturer, a person that has an
arrangement with an OEM under which the OEM grants such
person a license to use a trade name, service mark, or
other proprietary identifier for the purposes of
offering diagnosis, maintenance, or repair services for
the farm equipment on behalf of such person or the OEM;
and
(B) includes, with respect to farm equipment, an
OEM who offers diagnosis, maintenance, or repair
services for the farm equipment that the OEM
manufactures or offers for sale.
(2) Commonly available.--The term ``commonly available''
means any item that is commercially available for purchase from
more than a single seller and is not solely made available by
an OEM for use on such OEM's products.
(3) Documentation.--The term ``documentation'' means any
manual, diagram, reporting output, service code description,
schematic, library of diagnosed issues, software bill of
material, or other guidance or information used in effecting
the services of diagnosis, maintenance, or repair of farm
equipment.
(4) Farm equipment.--The term ``farm equipment'' means
equipment that is designed primarily for use in a farm
operation, including any combine, tractor, sprayer, implement,
or attachment, including attachments and repair parts thereof
used in the planting, cultivating, irrigating, harvesting, or
ranching of agricultural products, excluding self-propelled
machines designed primarily for the transportation of persons
or property on a street or highway.
(5) Farm equipment data.--The term ``farm equipment data''
means transmitted or compiled information arising from the
operation of farm equipment or any part of farm equipment.
(6) Embedded software.--The term ``embedded software''
means a programmable instruction provided on firmware delivered
with farm equipment.
(7) Fair and reasonable terms.--The term ``fair and
reasonable terms'' means a part, tool, software, or
documentation is made available either directly from an OEM or
through an authorized repair provider and, with respect to a
part, tool, software, or documentation, the following:
(A) Parts.--For parts, the following:
(i) Costs.--Costs that are fair to both
parties, considering the agreed-upon
conditions, promised quality, and timeliness of
delivery.
(ii) Terms.--Terms that--
(I) do not impose on an owner or an
independent repair provider any
substantial obligation to use or any
restriction on the use of the part to
diagnose, maintain, or repair farm
equipment sold, leased, or otherwise
supplied by the manufacturer, including
a condition that the owner or
independent repair provider become an
authorized repair provider of the
manufacturer, or a requirement that a
part be registered, paired with, or
approved by the manufacturer or an
authorized repair provider before such
part is operational; and
(II) prohibit a manufacturer from
imposing any additional cost or burden
that is not reasonably necessary or is
designed to be an impediment on the
owner or independent repair provider.
(B) Tools.--For tools, the following:
(i) Costs for farmers.--No charge for the
tool, except for a case in which a tool is
requested in physical form, a charge may be
included for the reasonable actual costs of
preparing and sending the tool.
(ii) Costs for independent repair
providers.--Costs that are equivalent to the
lowest actual cost for which the manufacturer
offers the tool to an authorized repair
provider, including any discount, rebate, or
other financial incentive offered to an
authorized repair provider.
(iii) Terms.--Terms that--
(I) are equivalent to the most
favorable terms under which a
manufacturer offers the tools to an
authorized repair provider, including
the methods and timeliness of delivery
of the tools;
(II) do not impose on an owner or
an independent repair provider any
substantial obligation to use or any
restriction on the use of the tool to
diagnose, maintain, or repair farm
equipment sold, leased, or otherwise
supplied by the manufacturer, including
a condition that the owner or
independent repair provider become an
authorized repair provider of the
manufacturer, that the owner or
independent repair provider have
internet access to use the tool, or a
requirement that a tool be registered,
paired with, or approved by the
manufacturer or an authorized repair
provider before such part or tool is
operational; and
(III) prohibit a manufacturer from
imposing any additional cost or burden
that is not reasonably necessary or is
designed to be an impediment on the
owner or independent repair provider.
(C) Documentation.--For documentation the
following:
(i) Costs.--No charge for the
documentation, except for a case in which
documentation is requested in physical printed
form, a charge may be included for the
reasonable actual costs of preparing and
sending the copy.
(ii) Terms.--Terms that are equivalent to
the most favorable terms under which a
manufacturer offers the documentation to an
authorized repair provider, including the
methods and timeliness of delivery of the part,
tool, software, or documentation.
(8) Firmware.--The term ``firmware'' means a software
program or set of instructions programmed on farm equipment, or
on a part for such equipment, to allow the equipment or part to
communicate within a networked product or system or with other
computer hardware, including any relevant patch or fix made by
the OEM of such equipment or part.
(9) Independent repair provider.--The term ``independent
repair provider'' means, with respect to farm equipment, a
person who--
(A) is not an authorized repair provider of the
farm equipment; and
(B) provides diagnosis, maintenance, or repair
services for the farm equipment.
(10) Original equipment manufacturer; oem.--The term
``original equipment manufacturer'' or ``OEM'' means any person
that manufactures farm equipment and sells, leases, or
otherwise supplies such implement to any other person.
(11) Owner.--The term ``owner'' means any person that owns
or leases farm equipment other than the OEM of such farm
equipment.
(12) Part.--The term ``part'' means any component or
subcomponent of farm equipment that is sold, supplied, or
otherwise made available by an OEM for purposes of maintaining,
repairing, or diagnosing such farm equipment.
(13) Software bill of material.--The term ``software bill
of material'' means a formal record containing the details and
supply chain relationships of various components used in
building software.
(14) Tool.--The term ``tool'' means any software program
(including any software update), hardware implement, or other
apparatus used for repair-related diagnostic testing,
maintenance, or repair of farm equipment, including software or
any other mechanism that provisions the implement, programs the
implement, pairs a new part, calibrates functionality, or
performs any other function required to bring the implement
back to fully functional condition.
(15) Trade secret.--The term ``trade secret'' has the
meaning given such term in section 1839 of title 18, United
States Code.
SEC. 3. REQUIREMENTS FOR OEMS.
(a) In General.--An original equipment manufacturer shall make
available, on fair and reasonable terms--
(1) to any owner or independent repair provider, any
documentation, part, software, firmware, or tool intended for
use in order to diagnose, maintain, or repair farm equipment;
and
(2) to the owner or with the authorization of the owner to
an independent repair provider, any farm equipment data
generated by the farm equipment of the owner.
(b) Disabling Security Functions.--An OEM shall make available to
any owner or independent repair provider, on fair and reasonable terms,
any documentation, part, software, or tool required to disable or
enable an electronic security lock or other security-related function
of farm equipment.
(c) Interaction With Copyright Laws.--
(1) In general.--Notwithstanding section 1201(a) of title
17, United States Code, a person may circumvent a technological
measure that effectively controls access to a work protected
under such title in connection with an activity protected under
this Act if the purpose of such circumvention is to--
(A) diagnose, maintain, upgrade, reprogram, or
repair farm equipment;
(B) enable interoperability with any computer
program or device used in farm equipment;
(C) conduct security research relating to farm
equipment; or
(D) enable non-infringing modification of any
computer program or device used in farm equipment.
(2) Access to tools.--Notwithstanding section 1201(a) of
title 17, United States Code, a person may manufacture, import,
offer to the public, provide, or otherwise traffic in any
technology, product, service, device, component, or part
thereof that is primarily designed or produced for the purpose
of or use in circumventing a technological measure that
effectively controls access to a work protected under such
title for the purposes described in paragraph (1).
(d) Ensuring Common Availability.--
(1) In general.--Notwithstanding any provision of title 17
or 35, United States Code, at such time as an OEM stops
offering any documentation, part, software, or tool to any
authorized repair provider, any copyright or patent held by the
OEM with respect to such documentation, part, software, or tool
shall be placed in the public domain.
(2) Replacement.--An OEM shall ensure that any part
required by the OEM's farm equipment can be replaced without
causing damage to the equipment using--
(A) a commonly available tool; or
(B) a tool that is not commonly available that is
made available to owners or independent repair
providers by the OEM on fair and reasonable terms.
SEC. 4. ENFORCEMENT.
(a) Unfair or Deceptive Acts or Practices.--A violation of section
3 or a regulation promulgated under this Act shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
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.--
(1) 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.
(2) Privileges and immunities.--Any person who violates
section 3 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 (15
U.S.C. 41 et seq.).
(3) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Commission under any
other provision of law.
SEC. 5. RULEMAKING.
(a) In General.--The Commission shall promulgate rules as may be
necessary to carry out this Act in accordance with section 553 of title
5, United States Code.
(b) Clean Air Act.--The Commission shall promulgate rules that are
consistent with the Clean Air Act (42 U.S.C. 7401 et seq.) and any
related regulation, including section 1068.101(b)(1) of title 40, Code
of Federal Regulations, and section 1068.101(b)(6) of such title.
SEC. 6. LIMITATIONS.
Nothing in this Act may be construed--
(1) to require an OEM to divulge trade secrets to an owner
or an independent service provider, except as necessary to
provide access to any necessary repair material or process on
fair and reasonable terms;
(2) to alter the terms of an agreement between an OEM and
an authorized repair provider, except with respect to any
provision of such an agreement that would limit the obligations
of an OEM under this Act;
(3) to require an authorized repair provider to make any
documentation, part, or tool for farm equipment made by an OEM
with which the authorized repair provider does not have an
arrangement described in section 2(1);
(4) to require an OEM to provide any part or equipment
solely used in the development of their products; or
(5) to allow--
(A) any modification that permanently deactivates a
safety notification system when farm equipment is being
repaired;
(B) access to any function of a tool that enables
the owner or independent repair provider to change the
settings of farm equipment so as to bring the equipment
permanently out of compliance with any applicable
safety or emissions laws;
(C) the evasion of emissions laws or copyright
laws; or
(D) any other illegal modification activities.
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