ment on the owner or independent re-
pair 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 manu-
facturer offers the tool to an authorized re-
pair provider, including any discount, re-
bate, or other financial incentive offered to 
an authorized repair provider. 
(iii) TERMS.—Terms that— 
(I) are equivalent to the most fa-
vorable terms under which a manufac-
turer 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 di-
VerDate Sep 11 2014 
20:20 Sep 24, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5604.IH
H5604
pbinns on DSKJLVW7X2PROD with $$_JOB
agnose, maintain, or repair farm 
equipment sold, leased, or otherwise 
supplied by the manufacturer, includ-
ing a condition that the owner or 
independent repair provider become 
an authorized repair provider of the 
manufacturer, that the owner or inde-
pendent repair provider have internet 
access to use the tool, or a require-
ment that a tool be registered, paired 
with, or approved by the manufac-
turer or an authorized repair provider 
before such part or tool is operational; 
and 
(III) prohibit a manufacturer 
from imposing any additional cost or 
burden that is not reasonably nec-
essary or is designed to be an impedi-
ment on the owner or independent re-
pair provider. 
(C) DOCUMENTATION.—For documenta-
tion the following: 
(i) COSTS.—No charge for the docu-
mentation, except for a case in which docu-
mentation is requested in physical printed 
VerDate Sep 11 2014 
20:20 Sep 24, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5604.IH
H5604
pbinns on DSKJLVW7X2PROD with $$_JOB
form, a charge may be included for the 
reasonable actual costs of preparing and 
sending the copy. 
(ii) TERMS.—Terms that are equiva-
lent to the most favorable terms under 
which a manufacturer offers the docu-
mentation to an authorized repair provider, 
including the methods and timeliness of 
delivery of the part, tool, software, or doc-
umentation. 
(8) FIRMWARE.—The term ‘‘firmware’’ means a 
software program or set of instructions programmed 
on farm equipment, or on a part for such equip-
ment, to allow the equipment or part to commu-
nicate 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 re-
spect to farm equipment, a person who— 
(A) is not an authorized repair provider of 
the farm equipment; and 
(B) provides diagnosis, maintenance, or re-
pair services for the farm equipment. 
VerDate Sep 11 2014 
20:20 Sep 24, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5604.IH
H5604
pbinns on DSKJLVW7X2PROD with $$_JOB
(10) ORIGINAL
EQUIPMENT
MANUFACTURER; 
OEM.—The term ‘‘original equipment manufacturer’’ 
or ‘‘OEM’’ means any person that manufactures 
farm equipment and sells, leases, or otherwise sup-
plies such implement to any other person. 
(11) OWNER.—The term ‘‘owner’’ means any 
person that owns or leases farm equipment other 
than the OEM of such farm equipment. 
(12) PART.—The term ‘‘part’’ means any com-
ponent or subcomponent of farm equipment that is 
sold, supplied, or otherwise made available by an 
OEM for purposes of maintaining, repairing, or di-
agnosing such farm equipment. 
(13) SOFTWARE BILL OF MATERIAL.—The term 
‘‘software bill of material’’ means a formal record 
containing the details and supply chain relationships 
of various components used in building software. 
(14) TOOL.—The term ‘‘tool’’ means any soft-
ware program (including any software update), 
hardware implement, or other apparatus used for re-
pair-related diagnostic testing, maintenance, or re-
pair of farm equipment, including software or any 
other mechanism that provisions the implement, pro-
grams the implement, pairs a new part, calibrates 
functionality, or performs any other function re-
VerDate Sep 11 2014 
20:20 Sep 24, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H5604.IH
H5604
pbinns on DSKJLVW7X2PROD with $$_JOB
quired to bring the implement back to fully func-
tional 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 manufac-
turer shall make available, on fair and reasonable terms— 
(1) to any owner or independent repair pro-
vider, any documentation, part, software, firmware, 
or tool intended for use in order to diagnose, main-
tain, 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 equip-
ment 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 documenta-
tion, part, software, or tool required to disable or enable 
an electronic security lock or other security-related func-
tion of farm equipment. 
(c) INTERACTION WITH COPYRIGHT LAWS.— 
(1) IN
GENERAL.—Notwithstanding section 
1201(a) of title 17, United States Code, a person 
VerDate Sep 11 2014 
20:20 Sep 24, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5604.IH
H5604
pbinns on DSKJLVW7X2PROD with $$_JOB
may circumvent a technological measure that effec-
tively controls access to a work protected under such 
title in connection with an activity protected under 
this Act if the purpose of such circumvention is to— 
(A) diagnose, maintain, upgrade, repro-
gram, or repair farm equipment; 
(B) enable interoperability with any com-
puter program or device used in farm equip-
ment; 
(C) conduct security research relating to 
farm equipment; or 
(D) enable non-infringing modification of 
any computer program or device used in farm 
equipment. 
(2) ACCESS TO TOOLS.—Notwithstanding sec-
tion 1201(a) of title 17, United States Code, a per-
son may manufacture, import, offer to the public, 
provide, or otherwise traffic in any technology, prod-
uct, service, device, component, or part thereof that 
is primarily designed or produced for the purpose of 
or use in circumventing a technological measure that 
effectively controls access to a work protected under 
such title for the purposes described in paragraph 
(1). 
(d) ENSURING COMMON AVAILABILITY.— 
VerDate Sep 11 2014 
20:20 Sep 24, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5604.IH
H5604
pbinns on DSKJLVW7X2PROD with $$_JOB
(1) IN GENERAL.—Notwithstanding any provi-
sion 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 pro-
vider, 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 equip-
ment 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 rea-
sonable 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.— 
VerDate Sep 11 2014 
20:20 Sep 24, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5604.IH
H5604
pbinns on DSKJLVW7X2PROD with $$_JOB
(1) IN GENERAL.—The Commission shall en-
force this Act and any regulations promulgated 
under this Act in the same manner, by the same 
means, and with the same jurisdiction, powers, and 
duties as though all applicable terms and provisions 
of the Federal Trade Commission Act (15 U.S.C. 41 
et seq.) were incorporated into and made a part of 
this Act. 
(2) PRIVILEGES AND IMMUNITIES.—Any person 
who violates section 3 or a regulation promulgated 
under this Act shall be subject to the penalties and 
entitled to the privileges and immunities provided in 
the Federal Trade Commission Act (15 U.S.C. 41 et 
seq.). 
(3) AUTHORITY PRESERVED.—Nothing in this 
Act shall be construed to limit the authority of the 
Commission under any other provision of law. 
SEC. 5. RULEMAKING. 
(a) IN GENERAL.—The Commission shall promulgate 
rules as may be necessary to carry out this Act in accord-
ance with section 553 of title 5, United States Code. 
(b) CLEAN AIR ACT.—The Commission shall promul-
gate rules that are consistent with the Clean Air Act (42 
U.S.C. 7401 et seq.) and any related regulation, including 
VerDate Sep 11 2014 
20:20 Sep 24, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5604.IH
H5604
pbinns on DSKJLVW7X2PROD with $$_JOB
section 1068.101(b)(1) of title 40, Code of Federal Regu-
lations, 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, ex-
cept 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 author-
ized 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— 
VerDate Sep 11 2014 
20:20 Sep 24, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5604.IH
H5604
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) any modification that permanently de-
activates a safety notification system when farm 
equipment is being repaired; 
(B) access to any function of a tool that 
enables the owner or independent repair pro-
vider to change the settings of farm equipment 
so as to bring the equipment permanently out 
of compliance with any applicable safety or 
emissions laws; 
(C) the evasion of emissions laws or copy-
right laws; or 
(D) any other illegal modification activi-
ties. 
Æ 
VerDate Sep 11 2014 
20:20 Sep 24, 2023
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H5604.IH
H5604
pbinns on DSKJLVW7X2PROD with $$_JOB