According to multiple sources, President Biden is expected to issue an executive order in the coming days mandating Right to Repair rules. The executive order is expected to be broad based covering farm machinery and consumer electronic devices.
The executive order will give authority to the Federal Trade Commission (FTC) to develop rules governing the Right to Repair mandate. The FTC released a report earlier this year related to Right to Repair suggesting changes to state and federal law that would force OEMs to make repairs easier and software more accessible. The report did not mention specific actions related to farm equipment, but did specify it as possibly being within the scope of covered products.
This executive order follows a progressive global trend. The United Kingdom, European Union and Australia are considering or have enacted their own versions of Right to Repair in the past few months. Domestically, progressive groups such as PIRG have been pushing for Right to Repair laws at the state and federal level and a Right to Repair bill has been introduced in Congress.
President Biden is ignoring the close scrutiny nearly every state legislature has given Right to Repair. The issue has not passed a single legislature in over 5 years. The President is also disregarding our republican form of government that gives Congress the constitutional authority to create laws. Having the FTC create an entirely new legal framework through rulemaking without enabling legislation would far exceed the agency's statutory authority.
WEDA will be working with industry stakeholders to address this issue head on. Both White House and FTC officials clearly lack understanding of what is currently available in the farm equipment industry to support repairs and the harmful consequences of what Right to Repair advocates seek to implement.
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