,,ii #aaith ,,congress #ast ,session ,s4 #cjfh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bh1 #bjbe ,mr4 ,welch 7for himself1 ,mr4 ,fetterman1 and ,ms4 ,warren7 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 farm equipment1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,freedom for ,agricultural ,repair and ,maintenance ,act or the ,,farm ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,authorized repair provider ,the term authorized repair provider-- 7,a7 means1 with respect to farm equipment 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 farm equipment on behalf of such person or the ,,oem2 and 7,b7 includes1 with respect to farm equipment1 an ,,oem who offers diagnosis1 maintenance1 or repair services for the farm 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 ,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 farm equipment4 7#d7 ,farm equipment ,the term farm equipment means equipment that is designed primarily for use in a farm operation1 including any combine1 tractor1 sprayer1 pivot1 implement1 or attachment1 including attachments and repair parts thereof used in the planting1 cultivating1 irrigating1 harvesting1 or ranching of agricultural products1 excluding self-propelled machines designed primarily for the transportation of persons or property on a street or highway4 7#e7 ,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 equipment4 7#f7 ,fair and reasonable terms ,the term fair and reasonable terms means a part1 tool1 software1 or documentation that is made available either directly from an ,,oem or through an authorized repair provider and1 with respect to a part1 tool1 software1 or documentation1 the following3 7,a7 ,parts ,for parts1 the following3 7i7 ,costs ,costs that are fair to both parties1 considering the agreed-upon conditions1 promised quality1 and timeliness of delivery4 7ii7 ,terms ,terms that-- 7,i7 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 diagnose1 maintain1 upgrade1 reprogram1 or repair farm equipment sold1 leased1 or otherwise supplied by the manufacturer1 including a condition that the owner or independent repair provider become an authorized repair provider of the manufacturer1 or a requirement that a part be registered1 paired with1 or approved by the manufacturer or an authorized repair provider before such part is operational2 and 7,,ii7 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 provider4 7,b7 ,tools ,for tools1 the following3 7i7 ,costs for equipment owners ,no charge for the tool1 except for a case in which a tool is requested in physical form1 a charge may be included for the reasonable actual costs of preparing and sending the tool4 7ii7 ,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 provider1 including any discount1 rebate1 or other financial incentive offered to an authorized repair provider4 7iii7 ,terms ,terms that-- 7,i7 are equivalent to the most favorable terms under which a manufacturer offers the tools to an authorized repair provider1 including the methods and timeliness of delivery of the tools2 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 tool to diagnose1 maintain1 upgrade1 reprogram1 or repair farm equipment sold1 leased1 or otherwise supplied by the manufacturer1 including a condition that the owner or independent repair provider become an authorized repair provider of the manufacturer1 that the owner or independent repair provider have internet access to use the tool1 or a requirement that a tool be registered1 paired with1 or approved by the manufacturer or an authorized repair provider before such part or tool is operational2 and 7,,iii7 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 provider4 7,c7 ,documentation ,for documentation1 the following3 7i7 ,costs ,no charge for the documentation1 except for a case in which documentation is requested in physical printed form1 a charge may be included for the reasonable actual costs of preparing and sending the copy4 7ii7 ,terms ,terms that are equivalent to the most favorable terms under which a manufacturer offers the documentation to an authorized repair provider1 including the methods and timeliness of delivery of the part1 tool1 software1 or documentation4 7#g7 ,firmware ,the term firmware means a software program or set of instructions programmed on farm equipment1 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#h7 ,independent repair provider ,the term independent repair provider means1 with respect to farm equipment1 a person who-- 7,a7 is not an authorized repair provider of the farm equipment2 and 7,b7 provides diagnosis1 maintenance1 or repair services for the farm equipment4 7#i7 ,maintenance ,the term maintenance has the meaning given such term in section #aag7;d7 of title #ag1 ,united ,states ,code4 7#aj7 ,original equipment manufacturer2 ,,oem ,the term original equipment manufacturer or ,,oem means any person that manufactures farm equipment and sells1 leases1 or otherwise supplies such farm equipment to any other person4 7#aa7 ,owner ,the term owner means any person that owns or leases farm equipment other than the ,,oem of such farm equipment4 7#ab7 ,part ,the term part means any component or subcomponent of farm equipment that is sold1 supplied1 or otherwise made available by an ,,oem for purposes of maintaining1 repairing1 or diagnosing such farm equipment4 7#ac7 ,repair ,the term repair has the meaning given such term in section #aag7;d7 of title #ag1 ,united ,states ,code4 7#ad7 ,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#ae7 ,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 farm equipment1 including software or any other mechanism that provisions the farm equipment1 programs the farm equipment1 pairs a new part1 calibrates functionality1 or performs any other function required to bring the equipment back to fully functional condition4 7#af7 ,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 ,in general ,an original equipment manufacturer shall make available1 on fair and reasonable terms-- 7#a7 to any owner or independent repair provider1 any documentation1 part1 software1 firmware1 or tool intended for use in order to diagnose1 maintain1 upgrade1 reprogram1 or repair farm equipment2 and 7#b7 to the owner or with the authorization of the owner to an independent repair provider1 any farm equipment data generated by the farm equipment of the owner4 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 a technological protection measure or other security-related function of farm equipment4 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-- 7,a7 to diagnose1 maintain1 upgrade1 reprogram1 or repair farm equipment2 7,b7 to the extent not provided for in section #abja7;f7 of title #ag1 ,united ,states ,code1 to enable interoperability with any computer program contained in and that controls the functioning of farm equipment or any product used to diagnose1 maintain1 upgrade1 reprogram1 or repair farm equipment2 7,c7 to the extent not provided for in subsections 7g7 and 7j7 of section #abja of title #ag1 ,united ,states ,code1 to conduct security research relating to farm equipment2 or 7,d7 to enable non-infringing modifications of any computer program contained in and that controls the functioning of farm equipment or any device used to diagnose1 maintain1 upgrade1 reprogram1 or repair farm equipment4 7#b7 ,access to circumvention technologies ,notwithstanding subsection 7a7 or 7b7 of section #abja of title #ag1 ,united ,states ,code1 a person may1 for the purposes described in paragraph 7#a71 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-- 7,a7 a technological measure that effectively controls access to a work protected under such title2 or 7,b7 any protection afforded by a technological measure that effectively protects a right of a copyright owner under such title in a work or a portion thereof4 7d7 ,ensuring common availability 7#a7 ,in general ,an ,,oem that stops offering any documentation1 part1 software1 or tool to any authorized repair provider1 independent repair provider1 or equipment owner shall be subject to civil penalties under section #d7;c74 7#b7 ,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-- 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 ,subject to subsection 7c71 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 7c7 ,additional penalties and authority ,in addition to the authority and penalties provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq471 an ,,oem who violates section #c7;d77#a7 shall be subject to a civil penalty-- 7#a7 for the first violation1 in an amount of #a1jjj for each day such ,,oem was in violation2 7#b7 for the second violation1 in an amount of #b1jjj for each day such ,,oem was in violation2 and 7#c7 for the third and subsequent violations1 in an amount of #e1jjj for each day such ,,oem was in violation4 #e4 ,rulemaking 7a7 ,in general ,the ,commission shall promulgate rules as may be necessary to carry out this ,act in accordance with section #eec of title #e1 ,united ,states ,code4 7b7 ,clean ,air ,act ,the ,commission shall promulgate rules that are consistent with the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq47 and any related regulation1 including paragraphs 7#a7 and 7#f7 of section #ajfh4aja7;b7 of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 #f4 ,limitations ,nothing in this ,act may 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 repair material or process on fair and reasonable terms1 consistent with this ,act2 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 for farm equipment made by an ,,oem with which the authorized repair provider does not have an arrangement described in section #b7a72 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 farm equipment 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 farm equipment so as to bring the equipment permanently out of compliance with any applicable safety or emissions laws2 7,c7 any violation of emissions laws or copyright laws2 or 7,d7 any other illegal modification activities4