HR 5857
FARM Act
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Bill overview
The FARM Act requires farm equipment manufacturers (OEMs) to make available documentation, parts, software, and tools to both owners and independent repair providers on fair and reasonable terms. It aims to increase access to repair information and parts, promoting competition and reducing reliance on OEM-controlled repair services. The bill also addresses copyright issues related to circumventing technological protection measures for farm equipment repair and establishes penalties for OEMs that restrict access to repair materials.
Key provisions
- Requires OEMs to make documentation, parts, software, and tools available to owners and independent repair providers.
- Defines ‘authorized repair provider’ and ‘independent repair provider’.
- Establishes ‘fair and reasonable terms’ for parts, tools, and documentation, prohibiting restrictions on use or requirements to become an OEM authorized provider.
- Addresses copyright issues, allowing circumvention of technological protection measures for farm equipment repair purposes.
- Creates a mechanism for OEMs to ensure common availability of replacement parts.
- Establishes civil penalties for OEMs that restrict access to repair materials.
- Requires OEMs to provide access to farm equipment data generated by the equipment.
- Allows for the use of commonly available tools for repairs.
Who is affected
- Farm Equipment Owners
- Independent Repair Providers
- Original Equipment Manufacturers (OEMs)
Sponsors
Official sponsors from legislative records.
Primary sponsor
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119th CONGRESS — 1st Session
H. R. 5857
IN THE HOUSE OF REPRESENTATIVES
A BILL
To require original equipment manufacturers to make available certain documentation, parts, software, and tools with respect to farm equipment, and for other purposes.
This Act may be cited as the Freedom for Agricultural Repair and Maintenance Act FARM Act
or the
.
In this Act:
The term authorized repair provider—
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
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.
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.
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.
Costs that are fair to both parties, considering the agreed-upon conditions, promised quality, and timeliness of delivery.
Terms that—
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, upgrade, reprogram, 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
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.
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.
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.
Terms that—
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;
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, upgrade, reprogram, 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
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.
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.
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.
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.
The term independent repair provider means, with respect to farm equipment, a person who—
is not an authorized repair provider of the farm equipment; and
provides diagnosis, maintenance, or repair services for the farm equipment.
The term maintenance has the meaning given such term in section 117(d) of title 17, United States Code.
The term original equipment manufacturer or OEM means any person that manufactures farm equipment and sells, leases, or otherwise supplies such farm equipment to any other person.
The term owner means any person that owns or leases farm equipment other than the OEM of such farm equipment.
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.
The term repair has the meaning given such term in section 117(d) of title 17, United States Code.
The term software bill of material means a formal record containing the details and supply chain relationships of various components used in building software.
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 farm equipment, programs the farm equipment, pairs a new part, calibrates functionality, or performs any other function required to bring the equipment back to fully functional condition.
The term trade secret has the meaning given such term in section 1839 of title 18, United States Code.
An original equipment manufacturer shall make available, on fair and reasonable terms—
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 a technological protection measure or other security-related function of farm equipment.
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 diagnose, maintain, upgrade, reprogram, or repair farm equipment;
to the extent not provided for in section 1201(f) of title 17, United States Code, to enable interoperability with any computer program contained in and that controls the functioning of farm equipment or any product used to diagnose, maintain, upgrade, reprogram, or repair farm equipment;
to the extent not provided for in subsections (g) and (j) of section 1201 of title 17, United States Code, to conduct security research relating to farm equipment; or
to enable non-infringing modifications of any computer program contained in and that controls the functioning of farm equipment or any device used to diagnose, maintain, upgrade, reprogram, or repair farm equipment.
Notwithstanding subsection (a) or (b) of section 1201 of title 17, United States Code, a person may, for the purposes described in paragraph (1), 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—
An OEM that stops offering any documentation, part, software, or tool to any authorized repair provider, independent repair provider, or equipment owner shall be subject to civil penalties under section 4(c).
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 commonly available tool; or
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.
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)).
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.
Subject to subsection (c), 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.).
Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.
In addition to the authority and penalties provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.), an OEM who violates section 3(d)(1) shall be subject to a civil penalty—
for the second violation, in an amount of $2,000 for each day such OEM was in violation; and
for the third and subsequent violations, in an amount of $5,000 for each day such OEM was in violation.
Nothing in this Act may be construed—
to require an OEM to divulge trade secrets to an owner or an independent service provider, except as necessary to provide access to repair material or process on fair and reasonable terms, consistent with this Act;
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;
to require an OEM to provide any part or equipment solely used in the development of their products; or
to allow—
any modification that permanently deactivates a safety notification system when farm equipment is being repaired;
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;
any violation of emissions laws or copyright laws; or
any other illegal modification activities.