,,ii #aagth ,,congress #b;d ,session ,s4 #cedi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #a1 #bjbb,mr4 ,tester 7for himself and ,mr4 ,lujn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require original equipment manufacturers to make available certain documentation1 parts1 software1 and tools with respect to electronics-enabled implements of agriculture1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,agricultural ,right to ,repair ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,authorized repair provider ,the term authorized repair provider-- 7,a7 means1 with respect to an electronics-enabled implement of agriculture of an original equipment manufacturer1 a person that has an arrangement with an ,,oem under which the ,,oem grants such person a license to use a trade name1 service mark1 or other proprietary identifier for the purposes of offering diagnosis1 maintenance1 or repair services for the electronics-enabled implement of agriculture on behalf of such person or the ,,oem2 and 7,b7 includes1 with respect to digital electronic equipment1 an ,,oem who offers diagnosis1 maintenance1 or repair services for the digital electronic equipment that the ,,oem manufactures or offers for sale4 7#b7 ,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 products4 7#c7 ,digital electronic equipment2 equipment ,the term digital electronic equipment or equipment means any product that depends for its functioning1 in whole or in part1 on digital electronics embedded in or attached to the product4 7#d7 ,documentation ,the term documentation means any manual1 diagram1 reporting output1 service code description1 schematic1 library of diagnosed issues1 software bill of material1 or other guidance or information used in effecting the services of diagnosis1 maintenance1 or repair of an electronics-enabled implement of agriculture4 7#e7 ,electronics-enabled implement of agriculture ,the term electronics-enabled implement of agriculture means equipment that-- 7,a7 is designed for agricultural purposes2 7,b7 is exclusively used by the owner of the equipment in the conduct of the agricultural operations of the owner2 and 7,c7 depends for its functioning1 in whole or in part1 on digital electronic equipment4 7#f7 ,embedded software ,the term embedded software means a programmable instruction provided on firmware delivered with an electronics-enabled implement of agriculture4 7#g7 ,fair and reasonable terms ,the term fair and reasonable terms means1 with respect to a part1 tool1 software1 or documentation offered by an ,,oem3 7,a7 ,in general 7i7 ,costs ,costs that are equivalent to the lowest actual cost for which the ,,oem offers the part1 tool1 software1 or documentation to an authorized repair provider1 including any discount1 rebate1 or other financial incentive offered to an authorized repair provider4 7ii7 ,terms ,terms that-- 7,i7 are equivalent to the most favorable terms under which an ,,oem offers the part1 tool1 software1 or documentation to an authorized repair provider1 including the methods and timeliness of delivery of the part1 tool1 software1 or documentation2 7,,ii7 do not impose on an owner or an independent repair provider any substantial obligation to use or any restriction on the use of the part1 tool1 software1 or documentation to diagnose1 maintain1 or repair an electronics-enabled implement of agriculture made by the ,,oem1 including a condition that the owner or independent repair provider become an authorized repair provider or a requirement that a part or tool be registered1 paired with1 or approved by the ,,oem or an authorized repair provider before such part or tool is operational2 and 7,,iii7 prohibit an ,,oem or an authorized repair provider 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 provider4 7,b7 ,for documentation ,with respect to documentation1 that the documentation is made available by the ,,oem at no charge1 except that1 when the documentation is requested in physical printed form1 a charge may be included for the reasonable actual costs of preparing and sending the copy4 7,c7 ,for software tools ,with respect to a software tool1 that the software tool is made available by the ,,oem at no charge and without requiring authorization or internet access for use or operation of the software tool1 or imposing impediments to access or use 7such as not making the software tool available for download1 and1 upon request1 delivery via physical storage media71 in the course of using the tool to diagnose1 maintain1 or repair and enable full functionality of an electronics-enabled implement of agriculture1 or in a manner that impairs the efficient and cost-effective performance of any such diagnosis1 maintenance1 or repair4 7#h7 ,firmware ,the term firmware means a software program or set of instructions programmed on an electronics-enabled implement of agriculture1 or on a part for such equipment1 to allow the equipment or part to communicate within a networked product or system or with other computer hardware1 including any relevant patch or fix made by the ,,oem of such equipment or part4 7#i7 ,independent repair provider ,the term independent repair provider means1 with respect to an electronics-enabled implement of agriculture1 a person who-- 7,a7 is not an authorized repair provider of the electronics-enabled implement of agriculture2 and 7,b7 provides diagnosis1 maintenance1 or repair services for the electronics-enabled implement of agriculture4 7#aj7 ,original equipment manufacturer2 ,,oem ,the term original equipment manufacturer or ,,oem means any person that manufactures an electronics-enabled implement of agriculture and sells1 leases1 or otherwise supplies such implement to any other person4 7#aa7 ,owner ,the term owner means any person that owns or leases an electronics-enabled implement of agriculture other than the ,,oem of such electronics-enabled implement of agriculture4 7#ab7 ,part ,the term part means any component or subcomponent of an electronics-enabled implement of agriculture that is sold1 supplied1 or otherwise made available by an ,,oem for purposes of maintaining1 repairing1 or diagnosing such electronics-enabled implement of agriculture4 7#ac7 ,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 software4 7#ad7 ,tool ,the term tool means any software program 7including any software update71 hardware implement1 or other apparatus used for repair-related diagnostic testing1 maintenance1 or repair of an electronics-enabled implement of agriculture1 including software or any other mechanism that provisions the implement1 programs the implement1 pairs a new part1 calibrates functionality1 or performs any other function required to bring the implement back to fully functional condition4 7#ae7 ,trade secret ,the term trade secret has the meaning given such term in section #ahci of title #ah1 ,united ,states ,code4 #c4 ,requirements for ,o,e,ms 7a7 ,fair and reasonable terms ,an original equipment manufacturer shall make available1 on fair and reasonable terms1 to any owner or independent repair provider any documentation1 part1 software1 or tool required to diagnose1 maintain1 or repair digital electronic equipment for any electronics-enabled implement of agriculture4 7b7 ,disabling security functions ,an ,,oem shall make available to any owner or independent repair provider1 on fair and reasonable terms1 any documentation1 part1 software1 or tool required to disable or enable an electronic security lock or other security-related function of an electronics-enabled implement of agriculture4 7c7 ,interaction with copyright laws 7#a7 ,in general ,notwithstanding section #abja7;a7 of title #ag1 ,united ,states ,code1 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-- 7,a7 diagnose1 maintain1 upgrade1 reprogram1 or repair an electronics-enabled implement of agriculture2 7,b7 enable interoperability with any computer program or device used in an electronics-enabled implement of agriculture2 7,c7 conduct security research relating to an electronics-enabled implement of agriculture2 or 7,d7 enable non-infringing modification of any computer program or device used in an electronics-enabled implement of agriculture4 7#b7 ,access to tools ,notwithstanding section #abja7;a7 of title #ag1 ,united ,states ,code1 a person may manufacture1 import1 offer to the public1 provide1 or otherwise traffic in any technology1 product1 service1 device1 component1 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 7#a74 7d7 ,ensuring common availability 7#a7 ,in general ,notwithstanding any provision of title #ag or #ce1 ,united ,states ,code1 at such time as an ,,oem stops offering any documentation1 part1 software1 or tool to any authorized repair provider1 any copyright or patent held by the ,,oem with respect to such documentation1 part1 software1 or tool shall be placed in the public domain4 7#b7 ,replacement ,an ,,oem shall ensure that any part required by the ,,oem's electronics-enabled implement of agriculture can be replaced without causing damage to the equipment using-- 7,a7 a commonly available tool2 or 7,b7 a tool that is not commonly available that is made available to owners or independent repair providers by the ,,oem on fair and reasonable terms4 #d4 ,enforcement 7a7 ,unfair or deceptive acts or practices ,a violation of section #c 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 #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7b7 ,powers of the ,commission 7#a7 ,in general ,the ,commission shall enforce this ,act and any regulations promulgated under this ,act 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 ,act4 7#b7 ,privileges and immunities ,any person who violates section #c 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 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 #e4 ,rulemaking ,the ,commission shall promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this ,act4 #f4 ,limitations ,nothing in this ,act shall be construed-- 7#a7 to require an ,,oem to divulge trade secrets to an owner or an independent service provider1 except as necessary to provide access to any necessary repair material or process on fair and reasonable terms2 7#b7 to alter the terms of an agreement between an ,,oem and an authorized repair provider1 except with respect to any provision of such an agreement that would limit the obligations of an ,,oem under this ,act2 7#c7 to require an authorized repair provider to make any documentation1 part1 or tool relating to an electronics-enabled implement of agriculture available on fair and reasonable terms unless the authorized repair provider is the ,,oem of such implement2 7#d7 to require an ,,oem to provide any part or equipment solely used in the development of their products2 or 7#e7 to allow-- 7,a7 any modification that permanently deactivates a safety notification system when an electronics-enabled implement of agriculture is being repaired2 7,b7 access to any function of a tool that enables the owner or independent repair provider to change the settings of an electronics-enabled implement of agriculture so as to bring the equipment permanently out of compliance with any applicable safety or emissions laws2 7,c7 the evasion of emissions laws or copyright laws2 or 7,d7 any other illegal modification activities4