H.R.6566 - Freedom to Repair Act of 2022 117th Congress (2021-2022)

To amend title 17, United States Code, to provide for the diagnosis, maintenance, and repair of certain digital electronic equipment.

To amend title 17, United States Code, to provide for the diagnosis, maintenance, and repair of certain digital electronic equipment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

SEC. 2. Diagnosis, maintenance, and repair of certain digital electronic equipment.

“(l) Diagnosis, maintenance, and repair of digital electronic equipment.— (1) Notwithstanding 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 digital electronic equipment, to circumvent a technological measure that effectively controls access to a work protected under this title.

“(2) Notwithstanding the provisions of subsection (a)(2), it is not a violation of that subsection for a person, for the purpose of the diagnosis, maintenance, or repair of digital electronic equipment, to manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof described in that subsection.

“(3) Notwithstanding the provisions of subsection (b)(1), it is not a violation of that subsection for a person, for the purpose of the diagnosis, maintenance, or repair of digital electronic equipment, to manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, component, or part thereof described in that subsection.

“(4) Nothing in this subsection applies to manufacturers or distributors of a medical device as defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(h)) or a digital electronic product or embedded software manufactured for use in a medical setting including diagnostic, monitoring, or control equipment or any product or service that they offer.

“(5) For the purposes of this subsection, the term ‘digital electronic equipment’ means any product dependent, in whole or in part, upon attached or embedded digital electronics to function.”.