I 
118TH CONGRESS 
1ST SESSION H. R. 5604 
To require original equipment manufacturers to make available certain docu-
mentation, 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 avail-
able certain documentation, parts, software, and tools 
with respect to electronics-enabled implements of agri-
culture, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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: 
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(1) AUTHORIZED REPAIR PROVIDER.—The term 
‘‘authorized repair provider’’— 
(A) means, with respect to farm equipment 
of an original equipment manufacturer, a per-
son that has an arrangement with an OEM 
under which the OEM grants such person a li-
cense to use a trade name, service mark, or 
other proprietary identifier for the purposes of 
offering diagnosis, maintenance, or repair serv-
ices for the farm equipment on behalf of such 
person or the OEM; and 
(B) includes, with respect to farm equip-
ment, an OEM who offers diagnosis, mainte-
nance, or repair services for the farm equip-
ment that the OEM manufactures or offers for 
sale. 
(2) COMMONLY AVAILABLE.—The term ‘‘com-
monly available’’ means any item that is commer-
cially 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 ‘‘documenta-
tion’’ means any manual, diagram, reporting output, 
service code description, schematic, library of diag-
nosed issues, software bill of material, or other guid-
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ance or information used in effecting the services of 
diagnosis, maintenance, or repair of farm equipment. 
(4) FARM EQUIPMENT.—The term ‘‘farm equip-
ment’’ means equipment that is designed primarily 
for use in a farm operation, including any combine, 
tractor, sprayer, implement, or attachment, includ-
ing attachments and repair parts thereof used in the 
planting, 
cultivating, 
irrigating, 
harvesting, 
or 
ranching of agricultural products, excluding self-pro-
pelled machines designed primarily for the transpor-
tation of persons or property on a street or highway. 
(5) FARM EQUIPMENT DATA.—The term ‘‘farm 
equipment data’’ means transmitted or compiled in-
formation arising from the operation of farm equip-
ment or any part of farm equipment. 
(6) EMBEDDED
SOFTWARE.—The term ‘‘em-
bedded 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, soft-
ware, or documentation is made available either di-
rectly 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: 
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(i) COSTS.—Costs that are fair to 
both parties, considering the agreed-upon 
conditions, promised quality, and timeli-
ness 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, includ-
ing 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 ap-
proved by the manufacturer or an au-
thorized repair provider before such 
part is operational; and 
(II) 
prohibit 
a 
manufacturer 
from imposing any additional cost or 
burden that is not reasonably nec-
essary or is designed to be an impedi-
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