H.R.5604 - Agricultural Right to Repair Act 118th Congress (2023-2024) |

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.

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.

SEC. 2. Definitions.

(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.

(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.