,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gief ,,in ,,the ,,house ,,of ,,representatives ,august #g1 #bjbj,ms4 ,clarke of ,new ,york 7for herself and ,mr4 ,mc,nerney7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend title #ag1 ,united ,states ,code1 to address circumvention of copyright protection systems with respect to the maintenance or repair of critical medical infrastructure1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,critical ,medical ,infrastructure ,right-to-,repair ,act of #bjbj4 #b4 ,definitions ,in this ,act-- 7#a7 the term commerce has the meaning given the term in section #d of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd72 7#b7 the terms covered emergency1 covered service provider1 critical medical infrastructure1 repair1 and service material have the meanings given those terms in section #abc7;a7 of title #ag1 ,united ,states ,code1 as added by section #c7;a77#a7 of this ,act2 7#c7 the term covered healthcare provider has the meaning given the term in section #abja7l77#a7 of title #ag1 ,united ,states ,code1 as added by section #c7;a77#b7 of this ,act2 7#d7 the term critical medical infrastructure contract means a contract relating to the purchase1 licensing1 repair1 or maintenance 7including periodic maintenance7 of critical medical infrastructure2 7#e7 the term service provider means any person engaged in the diagnosis of problems with respect to1 or the service1 maintenance1 or repair of1 critical medical infrastructure2 and 7#f7 the term trade secret has the meaning given the term in section #ahci of title #ah1 ,united ,states ,code4 #c4 ,copyrights 7a7 ,in general ,title #ag1 ,united ,states ,code1 is amended-- 7#a7 in chapter #a1 by adding at the end the following3 #abc4 ,limitation on exclusive rights3 incidental copies of service materials made during maintenance or repair of critical medical infrastructure 7a7 ,definitions ,in this section-- 7#a7 the term covered emergency means the public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 on ,january #ca1 #bjbj1 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai71 including any renewal of that declaration2 7#b7 the term covered service provider means-- 7,a7 the owner or licensee of a copy of service materials2 or 7,b7 the agent of a person described in subparagraph 7,a72 7#c7 the term critical medical infrastructure means a device1 computer program1 or other product or equipment used to provide medical services2 7#d7 the term repair1 when used with respect to critical medical infrastructure1 means to restore that critical medical infrastructure to a state that is in accordance with the original specifications of that critical medical infrastructure1 including any changes to those original specifications that are issued by the manufacturer of the critical medical infrastructure2 and 7#e7 the term service material1 when used with respect to critical medical infrastructure-- 7,a7 means any information or material that the manufacturer of that infrastructure provides directly1 indirectly1 or wirelessly to-- 7i7 technicians of the manufacturer2 or 7ii7 repair facilities that are authorized by the manufacturer2 and 7,b7 includes-- 7i7 schematics1 wiring diagrams1 mechanical layouts1 and other pertinent data with respect to that critical medical infrastructure2 7ii7 computer programs used in diagnosing problems with respect to that critical medical infrastructure or in calibrating1 repairing1 or maintaining that critical medical infrastructure2 7iii7 service keys that are required to access diagnostic information1 and otherwise authorize repairs1 with respect to that critical medical infrastructure2 7iv7 access to error logs that are required to diagnose required repairs with respect to that critical medical infrastructure2 7v7 preventative and corrective maintenance1 inspection1 and repair procedures with respect to that critical medical infrastructure2 7vi7 information regarding safety alerts1 recalls1 service bulletins1 specification updates1 and the need for adjustments to maintain efficiency1 safety1 and convenience with respect to that critical medical infrastructure2 and 7vii7 any other information provided to diagnose problems with respect to1 or to service1 maintain1 repair1 activate1 certify1 or install1 that critical medical infrastructure1 including-- 7,i7 with respect to any replacement part or equipment relating to that piece of critical medical infrastructure2 and 7,,ii7 training materials with respect to that critical medical infrastructure4 7b7 ,limitation ,notwithstanding the provisions of section #ajf1 it is not an infringement of copyright for a covered service provider to make1 or to authorize the making1 of a separate copy of service materials with respect to the covered service provider1 if-- 7#a7 making that separate copy is incidental to the repair or maintenance of critical medical infrastructure2 and 7#b7 the repair or maintenance described in paragraph 7#a7 is part of a response to the covered emergency4 7c7 ,rule of construction ,nothing in this section may be construed to imply that the actions explicitly authorized under this section may not also be permitted under another provision of this title4 2 and 7#b7 in section #abja1 by adding at the end the following3 7l7 ,repair of critical medical infrastructure relating to ,,covid-#ai 7#a7 ,definitions ,for purposes of this subsection-- 7,a7 the terms covered emergency1 critical medical infrastructure1 and repair have the meanings given those terms in section #abc7;a72 and 7,b7 the term covered healthcare provider means-- 7i7 a healthcare provider who is the owner1 lessee1 or licensee of critical medical infrastructure2 or 7ii7 the agent of a person described in clause 7i74 7#b7 ,permissible circumvention ,notwithstanding the provisions of subsection 7a77#a77;,a71 it is not a violation of that subsection for a covered healthcare provider to circumvent a technological measure that effectively controls access to a work protected under this title1 if-- 7,a7 the purpose of the act of circumvention is to repair or maintain critical medical infrastructure with respect to that covered healthcare provider2 and 7,b7 the repair or maintenance described in subparagraph 7,a7 is part of preparation for1 or a response to1 the covered emergency4 7#c7 ,enabling circumvention ,notwithstanding the provisions of subsections 7a77#b7 and 7b71 it is not a violation of either such provision for a covered healthcare provider to manufacture1 import1 offer to the public1 provide1 or otherwise traffic in technological means to circumvent a technological measure that effectively controls access to a work protected under this title1 or to circumvent protection afforded by a technological measure that effectively controls access to a work protected under this title1 if that action by that covered healthcare provider enables a repair or maintenance permitted under paragraph 7#b74 7#d7 ,rules of construction ,nothing in this subsection may be construed to-- 7,a7 exempt a covered healthcare provider from compliance with any other applicable law or regulation relating to the repair or maintenance of critical medical infrastructure1 except as explicitly provided in this subsection2 or 7,b7 prevent the ,librarian of ,congress from determining1 under the applicable subparagraphs of subsection 7a77#a71 that subparagraph 7,a7 of such subsection 7a77#a7 shall not apply to a covered healthcare provider relating to the circumvention of a technological measure that effectively controls access to a work protected under this title4 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #a of title #ag1 ,united ,states ,code1 is amended by adding at the end the following3 #abc4 ,limitation on exclusive rights3 incidental copies of service materials made during maintenance or repair of critical medical infrastructure4 4 #d4 ,patents ,section #bga of title #ce1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7h7 and 7i7 as subsections 7i7 and 7j71 respectively2 and 7#b7 by inserting after subsection 7g7 the following3 7h7 ,design patents 7#a7 ,definitions ,in this subsection-- 7,a7 the terms covered emergency1 critical medical infrastructure1 and repair have the meanings given the terms in section #abc7;a7 of title #ag2 and 7,b7 the term covered healthcare provider has the meaning given the term in section #abja7l7 of title #ag4 7#b7 ,non-infringement ,it shall not be an act of infringement with respect to a patent for design obtained under section #aga for a covered healthcare provider to fabricate a part on a non-commercial basis1 and as needed1 for the repair or maintenance of critical medical infrastructure with respect to that covered healthcare provider1 if the repair or maintenance is part of a response to the covered emergency4 7#c7 ,rule of construction ,nothing in this subsection may be construed to exempt a covered healthcare provider from compliance with any other applicable law or regulation relating to a part or critical medical infrastructure described in paragraph 7#b74 4 #e4 ,contracts ,notwithstanding any other provision of law or regulation1 a provision of a critical medical infrastructure contract is null and void if that provision of the critical medical infrastructure contract prohibits or restricts the ability of a covered healthcare provider that is a party to the contract to1 in response to the covered emergency1 repair or maintain critical medical infrastructure with respect to the covered healthcare provider4 #f4 ,manufacturer requirements 7a7 ,definition 7#a7 ,in general ,subject to paragraph 7#b71 in this section1 the term fair and reasonable terms means1 with respect to a manufacturer of critical medical infrastructure1 that the manufacturer provides access to service materials1 or offers for sale a tool1 with respect to the critical medical infrastructure at costs and terms that are equivalent to the most favorable costs and terms offered by that manufacturer to repair facilities that are authorized by that manufacturer-- 7,a7 using the net costs that would be incurred by that repair facility in obtaining an equivalent part1 tool1 or documentation2 and 7,b7 taking into consideration any discount1 rebate1 or other incentive offered by the manufacturer4 7#b7 ,documentation ,for the purposes of paragraph 7#a71 if a manufacturer described in that paragraph provides access to service materials that are in the form of documentation1 the term fair and reasonable terms with respect to that provision of access means at no charge1 except that if the applicable service provider requests documentation in physical printed form1 the term fair and reasonable terms includes a charge imposed by the manufacturer for the reasonable actual costs of preparing and sending the documentation4 7b7 ,duty ,to disclose information ,the manufacturer of a piece of critical medical infrastructure sold1 leased1 or otherwise introduced into commerce in the ,united ,states shall provide owners1 lessees1 or service providers with respect to that piece of infrastructure with access to1 on fair and reasonable terms1 service materials that are required to-- 7#a7 diagnose problems with respect to that critical medical infrastructure2 and 7#b7 service1 maintain1 or repair that critical medical infrastructure4 7c7 ,duty ,to make tools available ,the manufacturer of critical medical infrastructure sold1 leased1 or otherwise introduced into commerce in the ,united ,states shall-- 7#a7 offer for sale to the owner or lessee of the critical medical infrastructure1 and to all service providers with respect to the critical medical infrastructure1 on fair and reasonable terms1 any tool 7including software7 for the diagnosis1 service1 maintenance1 or repair of the critical medical infrastructure2 and 7#b7 provide all information that enables after-market tool companies to manufacture tools with the same functional characteristics as those tools made available by the manufacturers to authorized dealers4 7d7 ,equipment ,the manufacturer of critical medical infrastructure sold1 leased1 or otherwise introduced into commerce in the ,united ,states shall offer for sale to the owner or lessee of the critical medical infrastructure1 and to all service providers with respect to the critical medical infrastructure1 on fair and reasonable terms1 all equipment for diagnosis of problems with respect to1 service1 maintenance1 or repair of the critical medical infrastructure4 7e7 ,protection of trade secrets 7#a7 ,in general ,subject to paragraph 7#b71 a manufacturer of critical medical infrastructure may not be required to publicly disclose information that1 if made public1 would divulge methods or processes entitled to protection as trade secrets under chapter #ij of title #ah1 ,united ,states ,code4 7#b7 ,provision of information to dealers or service providers ,a manufacturer of critical medical infrastructure may not withhold information under paragraph 7#a7 on the ground that disclosing the information would divulge methods or processes entitled to protection as trade secrets under chapter #ij of title #ah1 ,united ,states ,code1 if that information is provided directly or indirectly to authorized dealers or service providers4 7f7 ,enforcement by the ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of this section1 or a regulation promulgated under this section1 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of commission ,the ,federal ,trade ,commission 7referred to in this subsection as the ,commission7 shall enforce this section and any regulation promulgated under this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 ,any person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 ,enforcement by the ,commission shall be the exclusive means of enforcing compliance with this section and any regulation promulgated under this section4 7#c7 ,rulemaking authority ,the ,commission shall have authority under section #eec of title #e1 ,united ,states ,code1 to promulgate any regulations necessary to implement this section4 #g4 ,study and report 7a7 ,study ,the ,chairman of the ,federal ,trade ,commission1 in consultation with the ,register of ,copyrights and the ,under ,secretary of ,commerce for ,intellectual ,property and ,director of the ,united ,states ,patent and ,trademark ,office1 shall conduct a study regarding the impact and effectiveness of this ,act1 and the amendments made by this ,act1 with respect to innovation and anticompetitive practices in the market for critical medical infrastructure1 including enforcement with respect to those practices4 7b7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,chairman of the ,federal ,trade ,commission shall-- 7#a7 submit to ,congress a report that contains the results of the study conducted under subsection 7a72 and 7#b7 make publicly available on the website of the ,federal ,trade ,commission the report submitted under paragraph 7#a74