I 
119TH CONGRESS 
1ST SESSION H. R. 5857 
To require original equipment manufacturers to make available certain docu-
mentation, parts, software, and tools with respect to farm equipment, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 28, 2025 
Ms. PEREZ (for herself and Mr. NEGUSE) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To require original equipment manufacturers to make avail-
able certain documentation, parts, software, and tools 
with respect to farm equipment, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Freedom for Agricul-
tural Repair and Maintenance Act’’ or the ‘‘FARM Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) AUTHORIZED REPAIR PROVIDER.—The term 
‘‘authorized repair provider’’— 
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(4) FARM EQUIPMENT.—The term ‘‘farm equip-
ment’’ means equipment that is designed primarily 
for use in a farm operation, including any combine, 
tractor, sprayer, pivot, implement, or attachment, in-
cluding attachments and repair parts thereof used in 
the planting, cultivating, irrigating, harvesting, or 
ranching of agricultural products, excluding self-pro-
pelled machines designed primarily for the transpor-
tation of persons or property on a street or highway. 
(5) FARM EQUIPMENT DATA.—The term ‘‘farm 
equipment data’’ means transmitted or compiled in-
formation arising from the operation of farm equip-
ment or any part of farm equipment. 
(6) FAIR AND REASONABLE TERMS.—The term 
‘‘fair and reasonable terms’’ means a part, tool, soft-
ware, or documentation that is made available either 
directly from an OEM or through an authorized re-
pair provider and, with respect to a part, tool, soft-
ware, or documentation, the following: 
(A) PARTS.—For parts, the following: 
(i) COSTS.—Costs that are fair to 
both parties, considering the agreed-upon 
conditions, promised quality, and timeli-
ness of delivery. 
(ii) TERMS.—Terms that— 
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(I) 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, repro-
gram, 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 re-
quirement that a part be registered, 
paired with, or approved by the manu-
facturer or an authorized repair pro-
vider before such part is operational; 
and 
(II) 
prohibit 
a 
manufacturer 
from imposing any additional cost or 
burden that is not reasonably nec-
essary or is designed to be an impedi-
ment on the owner or independent re-
pair provider. 
(B) TOOLS.—For tools, the following: 
(i) COSTS
FOR
EQUIPMENT
OWN-
ERS.—No charge for the tool, except for a 
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case in which a tool is requested in phys-
ical form, a charge may be included for the 
reasonable actual costs of preparing and 
sending the tool. 
(ii) COSTS FOR INDEPENDENT REPAIR 
PROVIDERS.—Costs that are equivalent to 
the lowest actual cost for which the manu-
facturer offers the tool to an authorized re-
pair provider, including any discount, re-
bate, or other financial incentive offered to 
an authorized repair provider. 
(iii) TERMS.—Terms that— 
(I) are equivalent to the most fa-
vorable terms under which a manufac-
turer offers the tools to an authorized 
repair provider, including the methods 
and timeliness of delivery of the tools; 
(II) 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 di-
agnose, maintain, upgrade, repro-
gram, or repair farm equipment sold, 
leased, or otherwise supplied by the 
manufacturer, including a condition 
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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 reg-
istered, paired with, or approved by 
the manufacturer or an authorized re-
pair provider before such part or tool 
is operational; and 
(III) prohibit a manufacturer 
from imposing any additional cost or 
burden that is not reasonably nec-
essary or is designed to be an impedi-
ment on the owner or independent re-
pair provider. 
(C) DOCUMENTATION.—For documenta-
tion, the following: 
(i) COSTS.—No charge for the docu-
mentation, except for a case in which docu-
mentation is requested in physical printed 
form, a charge may be included for the 
reasonable actual costs of preparing and 
sending the copy. 
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(ii) TERMS.—Terms that are equiva-
lent to the most favorable terms under 
which a manufacturer offers the docu-
mentation to an authorized repair provider, 
including the methods and timeliness of 
delivery of the part, tool, software, or doc-
umentation. 
(7) FIRMWARE.—The term ‘‘firmware’’ means a 
software program or set of instructions programmed 
on farm equipment, or on a part for such equip-
ment, to allow the equipment or part to commu-
nicate 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. 
(8) INDEPENDENT
REPAIR
PROVIDER.—The 
term ‘‘independent repair provider’’ means, with re-
spect to farm equipment, a person who— 
(A) is not an authorized repair provider of 
the farm equipment; and 
(B) provides diagnosis, maintenance, or re-
pair services for the farm equipment. 
(9) MAINTENANCE.—The term ‘‘maintenance’’ 
has the meaning given such term in section 117(d) 
of title 17, United States Code. 
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(10) ORIGINAL
EQUIPMENT
MANUFACTURER; 
OEM.—The term ‘‘original equipment manufacturer’’ 
or ‘‘OEM’’ means any person that manufactures 
farm equipment and sells, leases, or otherwise sup-
plies such farm equipment to any other person. 
(11) OWNER.—The term ‘‘owner’’ means any 
person that owns or leases farm equipment other 
than the OEM of such farm equipment. 
(12) PART.—The term ‘‘part’’ means any com-
ponent or subcomponent of farm equipment that is 
sold, supplied, or otherwise made available by an 
OEM for purposes of maintaining, repairing, or di-
agnosing such farm equipment. 
(13) REPAIR.—The term ‘‘repair’’ has the 
meaning given such term in section 117(d) of title 
17, United States Code. 
(14) 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 software. 
(15) TOOL.—The term ‘‘tool’’ means any soft-
ware program (including any software update), 
hardware implement, or other apparatus used for re-
pair-related diagnostic testing, maintenance, or re-
pair of farm equipment, including software or any 
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other mechanism that provisions the farm equip-
ment, 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. 
(16) TRADE SECRET.—The term ‘‘trade secret’’ 
has the meaning given such term in section 1839 of 
title 18, United States Code. 
SEC. 3. REQUIREMENTS FOR OEMS. 
(a) IN GENERAL.—An original equipment manufac-
turer shall make available, on fair and reasonable terms— 
(1) to any owner or independent repair pro-
vider, any documentation, part, software, firmware, 
or tool intended for use in order to diagnose, main-
tain, upgrade, reprogram, or repair farm equipment; 
and 
(2) to the owner or with the authorization of 
the owner to an independent repair provider, any 
farm equipment data generated by the farm equip-
ment of the owner. 
(b) DISABLING SECURITY FUNCTIONS.—An OEM 
shall make available to any owner or independent repair 
provider, on fair and reasonable terms, any documenta-
tion, part, software, or tool required to disable or enable 
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a technological protection measure or other security-re-
lated function of farm equipment. 
(c) INTERACTION WITH COPYRIGHT LAWS.— 
(1) IN
GENERAL.—Notwithstanding section 
1201(a) of title 17, United States Code, a person 
may circumvent a technological measure that effec-
tively 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— 
(A) to diagnose, maintain, upgrade, repro-
gram, or repair farm equipment; 
(B) to the extent not provided for in sec-
tion 1201(f) of title 17, United States Code, to 
enable interoperability with any computer pro-
gram contained in and that controls the func-
tioning of farm equipment or any product used 
to diagnose, maintain, upgrade, reprogram, or 
repair farm equipment; 
(C) to the extent not provided for in sub-
sections (g) and (j) of section 1201 of title 17, 
United States Code, to conduct security re-
search relating to farm equipment; or 
(D) to enable non-infringing modifications 
of any computer program contained in and that 
controls the functioning of farm equipment or 
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any device used to diagnose, maintain, upgrade, 
reprogram, or repair farm equipment. 
(2) 
ACCESS
TO
CIRCUMVENTION
TECH-
NOLOGIES.—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, pro-
vide, 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— 
(A) a technological measure that effectively 
controls access to a work protected under such 
title; or 
(B) any protection afforded by a techno-
logical measure that effectively protects a right 
of a copyright owner under such title in a work 
or a portion thereof. 
(d) ENSURING COMMON AVAILABILITY.— 
(1) IN GENERAL.—An OEM that stops offering 
any documentation, part, software, or tool to any 
authorized repair provider, independent repair pro-
vider, or equipment owner shall be subject to civil 
penalties under section 4(c). 
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(2) REPLACEMENT.—An OEM shall ensure 
that any part required by the OEM’s farm equip-
ment can be replaced without causing damage to the 
equipment using— 
(A) a commonly available tool; or 
(B) a tool that is not commonly available 
that is made available to owners or independent 
repair providers by the OEM on fair and rea-
sonable terms. 
SEC. 4. ENFORCEMENT. 
(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
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)). 
(b) POWERS OF THE COMMISSION.— 
(1) IN GENERAL.—The Commission shall en-
force 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. 
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(2) PRIVILEGES AND IMMUNITIES.—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 Com-
mission Act (15 U.S.C. 41 et seq.). 
(3) AUTHORITY PRESERVED.—Nothing in this 
Act shall be construed to limit the authority of the 
Commission under any other provision of law. 
(c) ADDITIONAL PENALTIES AND AUTHORITY.—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— 
(1) for the first violation, in an amount of 
$1,000 for each day such OEM was in violation; 
(2) for the second violation, in an amount of 
$2,000 for each day such OEM was in violation; and 
(3) for the third and subsequent violations, in 
an amount of $5,000 for each day such OEM was 
in violation. 
SEC. 5. RULEMAKING. 
(a) IN GENERAL.—The Commission shall promulgate 
rules as may be necessary to carry out this Act in accord-
ance with section 553 of title 5, United States Code. 
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(b) CLEAN AIR ACT.—The Commission shall promul-
gate rules that are consistent with the Clean Air Act (42 
U.S.C. 7401 et seq.) and any related regulation, including 
paragraphs (1) and (6) of section 1068.101(b) of title 40, 
Code of Federal Regulations (or a successor regulation). 
SEC. 6. LIMITATIONS. 
Nothing in this Act may be construed— 
(1) to require an OEM to divulge trade secrets 
to an owner or an independent service provider, ex-
cept as necessary to provide access to repair mate-
rial or process on fair and reasonable terms, con-
sistent with this Act; 
(2) 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; 
(3) to require an authorized repair provider to 
make any documentation, part, or tool for farm 
equipment made by an OEM with which the author-
ized repair provider does not have an arrangement 
described in section 2(1); 
(4) to require an OEM to provide any part or 
equipment solely used in the development of their 
products; or 
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(5) to allow— 
(A) any modification that permanently de-
activates a safety notification system when farm 
equipment is being repaired; 
(B) access to any function of a tool that 
enables the owner or independent repair pro-
vider to change the settings of farm equipment 
so as to bring the equipment permanently out 
of compliance with any applicable safety or 
emissions laws; 
(C) any violation of emissions laws or 
copyright laws; or 
(D) any other illegal modification activi-
ties. 
Æ 
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