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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5604 Introduced in House (IH)]

<DOC>

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.
                                 <all>
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