H.R. 5857

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5857 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 5857

To require original equipment manufacturers to make available certain 
documentation, 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 available certain 
documentation, parts, software, and tools with respect to farm 
equipment, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Freedom for Agricultural Repair and 
Maintenance Act'' or the ``FARM Act''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Authorized repair provider.--The term ``authorized 
repair provider''--
(A) 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
(B) 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.
(2) 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 products.
(3) Documentation.--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.
(4) Farm equipment.--The term ``farm equipment'' means 
equipment that is designed primarily for use in a farm 
operation, including any combine, tractor, sprayer, pivot, 
implement, or attachment, including attachments and repair 
parts thereof used in the planting, cultivating, irrigating, 
harvesting, or ranching of agricultural products, excluding 
self-propelled machines designed primarily for the 
transportation of persons or property on a street or highway.
(5) 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 equipment.
(6) Fair and reasonable terms.--The term ``fair and 
reasonable terms'' means a part, tool, software, or 
documentation that is made available either directly from an 
OEM or through an authorized repair provider and, with respect 
to a part, tool, software, 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 timeliness of 
delivery.
(ii) Terms.--Terms that--
(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, 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
(II) 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.
(B) Tools.--For tools, the following:
(i) Costs for equipment owners.--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.
(ii) 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 
provider, including any discount, rebate, or 
other financial incentive offered to an 
authorized repair provider.
(iii) Terms.--Terms that--
(I) 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;
(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 
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
(III) 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.
(C) Documentation.--For documentation, the 
following:
(i) Costs.--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.
(ii) Terms.--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.
(7) Firmware.--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.
(8) Independent repair provider.--The term ``independent 
repair provider'' means, with respect to farm equipment, a 
person who--
(A) is not an authorized repair provider of the 
farm equipment; and
(B) provides diagnosis, maintenance, or repair 
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.
(10) Original equipment manufacturer; oem.--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.
(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 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.
(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 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.
(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 manufacturer shall make 
available, on fair and reasonable terms--
(1) to any owner or independent repair provider, any 
documentation, part, software, firmware, or tool intended for 
use in order to diagnose, maintain, 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 equipment 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 documentation, part, software, or tool required to disable or 
enable a technological protection measure or other security-related 
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 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--
(A) to diagnose, maintain, upgrade, reprogram, or 
repair farm equipment;
(B) 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;
(C) 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
(D) 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.
(2) Access to circumvention technologies.--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--
(A) a technological measure that effectively 
controls access to a work protected under such title; 
or
(B) 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 
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 provider, or equipment owner shall 
be subject to civil penalties under section 4(c).
(2) 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--
(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 reasonable 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 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.
(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 
Commission 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 accordance with section 553 of title 
5, United States Code.
(b) Clean Air Act.--The Commission shall promulgate 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, except as necessary to 
provide access to repair material or process on fair and 
reasonable terms, consistent 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 authorized 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
(5) to allow--
(A) any modification that permanently deactivates 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 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;
(C) any violation of emissions laws or copyright 
laws; or
(D) any other illegal modification activities.
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