,,ii #aaith ,,congress #b;d ,session ,s4 #chba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #aj1 #bjbf,mr4 ,lujn 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 of digital electronic equipment to make available certain documentation1 diagnostic1 and repair information to independent repair providers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fair ,repair ,act4 #b4 ,requirements for original equipment manufacturers 7a7 ,in general ,in the case of digital electronic equipment manufactured by or on behalf of1 sold1 or otherwise supplied by an original equipment manufacturer1 the original equipment manufacturer shall make available1 for the purposes of diagnosis1 maintenance1 or repair of such equipment1 to independent repair providers and owners of such equipment on fair and reasonable terms1 documentation1 parts1 and tools1 inclusive of any updates4 7b7 ,prohibition on the use of certain parts ,an original equipment manufacturer shall not use parts pairing or any other mechanism to-- 7#a7 prevent the installation or functioning of any otherwise-functional part1 including a non-manufacturer approved replacement part or component2 7#b7 inhibit or reduce the functioning of any part1 such that replacement by an independent repair provider or the equipment owner would cause the equipment to operate with reduced functionality or performance2 7#c7 create false1 misleading1 deceptive1 or non-dismissible alerts or warnings about parts2 7#d7 charge additional fees or increased prices for future repairs2 or 7#e7 limit who can purchase parts or perform repair services4 #c4 ,enforcement 7a7 ,enforcement by the ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of section #b 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 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 ,act1 and any person who violates this ,act 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 ,act4 7,b7 ,regulations ,the ,commission may1 under section #eec of title #e1 ,united ,states ,code1 prescribe any regulations it determines necessary to carry out this ,act4 7,c7 ,effect on other laws ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7b7 ,enforcement by ,state attorneys general 7#a7 ,in general ,if the chief law enforcement officer of a ,state1 or an official or agency designated by a ,state1 has reason to believe that any person has violated or is violating section #b1 the attorney general1 official1 or agency of the ,state1 in addition to any authority it may have to bring an action in ,state court under ,state law1 may bring a civil action in any appropriate ,united ,states district court or in any other court of competent jurisdiction1 including a ,state court1 to-- 7,a7 enjoin further such violation by such person2 7,b7 enforce compliance with such section2 7,c7 obtain civil penalties2 and 7,d7 obtain damages1 restitution1 or other compensation on behalf of residents of the ,state4 7#b7 ,notice and intervention by the ,,ftc ,the attorney general 7or other such officer7 of a ,state shall provide prior written notice of any action under paragraph 7#a7 to the ,commission and provide the ,commission with a copy of the complaint in the action1 except in any case in which such prior notice is not feasible1 in which case the attorney general shall serve such notice immediately upon instituting such action4 ,the ,commission shall have the right-- 7,a7 to intervene in the action2 7,b7 upon so intervening1 to be heard on all matters arising therein2 and 7,c7 to file petitions for appeal4 7#c7 ,limitation on ,state action while ,federal action is pending ,if the ,commission has instituted a civil action for violation of this ,act1 no ,state attorney general1 or official or agency of a ,state1 may bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the ,commission for any violation of this ,act alleged in the complaint4 7#d7 ,relationship with ,state law claims ,if the attorney general of a ,state has authority to bring an action under ,state law directed at acts or practices that also violate this ,act1 the attorney general may assert the ,state law claim and a claim under this ,act in the same civil action4 #d4 ,rules of construction1 limitations1 and non-application ,the following rules of construction1 limitations1 and non-application provisions apply to this ,act3 7#a7 ,security-related functions not excluded ,for digital electronic equipment that contains an electronic security lock or other security-related function1 the original equipment manufacturer shall make available to the owner and to independent repair providers1 on fair and reasonable terms1 any special documentation1 tools1 and parts needed to disable the lock or function1 and to reset it when disabled in the course of diagnosis1 maintenance1 or repair of the equipment1 to restore full functionality of the equipment4 7#b7 ,protection of trade secrets ,nothing in this ,act shall be construed to require an original equipment manufacturer to divulge a trade secret1 as defined in section #ahci of title #ah1 ,united ,states ,code1 to an owner or an independent repair provider except as necessary to provide documentation1 parts1 and tools on fair and reasonable terms4 7#c7 ,terms of agreement with authorized repair providers ,no provision in this ,act shall be construed to abrogate1 interfere with1 contradict1 or alter the terms of any arrangement described in section #f7a77;,a71 including the performance or provision of warranty or recall repair work by an authorized repair provider on behalf of an original equipment manufacturer pursuant to such arrangement1 except that any provision in such terms that purports to waive1 avoid1 restrict1 or limit an ,,oem's obligations to comply with this ,act shall be void and unenforceable4 7#d7 ,non-application to motor vehicle or motor vehicle equipment manufacturers ,nothing in this ,act shall apply to a motor vehicle manufacturer1 a manufacturer of motor vehicle equipment1 or a motor vehicle dealer1 acting in that capacity4 7#e7 ,non-application to manufacturers of medical devices ,nothing in this ,act shall apply to a manufacturer of a medical device1 acting in that capacity4 7#f7 ,non-application to manufacturers of off-road or non-road vehicles ,nothing in this ,act shall apply to any manufacturer1 distributor1 importer1 or dealer of an off-road or non-road vehicle1 acting in that capacity1 including without limitation1 aircraft1 motorcycles1 marine vessels1 all terrain sports vehicles1 utility terrain vehicles1 recreational vehicles1 and racing vehicles4 7#g7 ,non-application to manufacturers of safety communications equipment ,nothing in this ,act shall apply to any manufacturer of safety communications equipment1 the intended use of which is for emergency response or prevention purposes by an emergency services organization1 such as police1 fire1 or medical and emergency rescue services agencies1 acting in that capacity4 #e4 ,limitation of liability 7a7 ,damage resulting from repair ,no original equipment manufacturer or authorized repair provider shall be liable for any damage or injury to any digital electronic equipment1 person1 or property that occurs as a result of repair1 diagnosis1 maintenance1 or modification performed by an independent repair provider or owner1 or any other use by an independent repair provider or owner of parts1 tools1 or documentation provided by an original equipment manufacturer1 including with respect to any-- 7#a7 indirect1 incidental1 special1 or consequential damages2 7#b7 loss of data1 privacy1 or profits2 or 7#c7 inability to use1 or reduced functionality of1 the digital electronic equipment4 7b7 ,no warranty for independent repair providers or owners ,an original equipment manufacturer shall not be required to warrant any repairs provided by independent repair providers or owners4 7c7 ,improper use of personal data ,no original equipment manufacturer shall be liable for improper use of personal data or any data privacy or security breach in connection with repair1 diagnosis1 maintenance1 or modification performed by an independent repair provider or owner4 #f4 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,authorized repair provider 7,a7 ,in general ,the term authorized repair provider means with respect to an ,,oem1 a person that-- 7i7 has an arrangement with the ,,oem in which the ,,oem grants to the person license to use a trade name1 service mark1 or other proprietary identifier for the purposes of offering the services of diagnosis1 maintenance1 or repair of digital electronic equipment under the name of the ,,oem2 or 7ii7 otherwise has an arrangement with the ,,oem to offer such services on behalf of or under contract with the ,,oem4 7,b7 ,clarification ,an ,,oem that offers the services of diagnosis1 maintenance1 or repair of digital electronic equipment manufactured by it or on its behalf1 or sold or otherwise supplied by the ,,oem1 shall be considered an authorized repair provider with respect to such equipment4 7#b7 ,digital electronic equipment ,the term digital electronic 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#c7 ,documentation ,the term documentation means any manuals1 diagrams1 reporting output1 service code descriptions1 schematic1 security code or password1 or other information used in effecting the services of diagnosis1 maintenance1 or repair of digital electronic equipment4 7#d7 ,fair and reasonable terms ,the term fair and reasonable terms1 with respect to a part1 tool1 or documentation1 means at costs and terms that are equivalent to the most favorable costs and terms under which an ,,oem offers the part1 tool1 or documentation to an authorized repair provider-- 7,a7 accounting for any discount1 rebate1 convenient and timely means of delivery1 means of enabling fully restored and updated functionality1 rights of use1 or other incentive or preference the ,,oem offers to an authorized repair provider1 and for any additional cost1 burden1 or impediment the ,,oem imposes on an owner or independent repair provider2 7,b7 not conditioned on or imposing a substantial obligation or restriction that is not reasonably necessary for enabling the owner or independent repair provider to engage in the diagnosis1 maintenance1 or repair of digital electronic equipment made by or on behalf of the ,,oem2 and 7,c7 not conditioned on an arrangement described in paragraph 7#a77;,a74 7#e7 ,independent repair provider 7,a7 ,in general ,the term independent repair provider means with respect to an ,,oem1 a person that is not affiliated with the ,,oem or with an authorized repair provider of the ,,oem1 when such person is engaged in the diagnosis1 maintenance1 or repair of digital electronic equipment manufactured by or on behalf of1 sold1 or otherwise supplied by the ,,oem4 7,b7 ,clarification ,an ,,oem or1 with respect to that ,,oem1 a person who has an arrangement described in paragraph 7#a77;,a7 with that ,,oem1 or who is affiliated with a person who has such an arrangement with that ,,oem1 shall be considered an independent repair provider for the purposes of those instances when such ,,oem or person engages in the diagnosis1 service1 maintenance1 or repair of digital equipment that is not manufactured by or on behalf of1 sold1 or otherwise supplied by that ,,oem4 7#f7 ,medical device ,the term medical device has the meaning given the term device under section #bja7;h7 of the ,federal ,food1 ,drug and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;h774 7#g7 ,motor vehicle ,the term motor vehicle means a vehicle that is designed for transporting persons or property on a street or highway and is certified by the manufacturer under all applicable ,federal safety and emissions standards and requirements for distribution and sale in the ,united ,states4 7#h7 ,motor vehicle dealer ,the term motor vehicle dealer means a person who-- 7,a7 is engaged in the business of selling or leasing new motor vehicles to another person pursuant to a franchise agreement2 7,b7 has obtained a license to engage in such business under the applicable ,state law2 and 7,c7 is engaged in the services of diagnosis1 maintenance1 or repair of motor vehicles or motor vehicle engines pursuant to such franchise agreement4 7#i7 ,motor vehicle manufacturer ,the term motor vehicle manufacturer means a person engaged in the business of manufacturing or assembling new motor vehicles4 7#aj7 ,original equipment manufacturer2 ,,oem ,the term original equipment manufacturer or ,,oem means a person who is engaged in the business of selling1 leasing1 or otherwise supplying new digital electronic equipment or parts of equipment manufactured by or on behalf of itself1 to any person4 7#aa7 ,owner ,the term owner means a person who owns or leases digital electronic equipment4 7#ab7 ,part ,the term part means any replacement part1 either new or used1 made available by or to an ,,oem for purposes of effecting the services of maintenance or repair of digital electronic equipment manufactured by or on behalf of1 sold1 or otherwise supplied by the ,,oem4 7#ac7 ,parts pairing ,the term parts pairing means1 with respect to a part1 the practice of employing software to identify component parts through the use of a unique identifier4 7#ad7 ,tool ,the term tool means any software program1 hardware implement1 or other apparatus used for diagnosis1 maintenance1 or repair of digital electronic equipment1 including software or other mechanisms that provision1 program1 or pair a part1 calibrate functionality1 or perform any other function required to bring the equipment back to fully functional condition4 #g4 ,effective date ,this ,act shall take effect #fj days after the date of enactment of this ,act and shall apply with respect to equipment sold or in use on or after the effective date of this ,act4