I 
119TH CONGRESS 
2D SESSION 
H. R. 7404 
To require original equipment manufacturers of digital electronic equipment 
to make available certain documentation, diagnostic, and repair informa-
tion to independent repair providers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 5, 2026 
Mr. MORELLE (for himself and Ms. PEREZ) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To require original equipment manufacturers of digital elec-
tronic equipment to make available certain documenta-
tion, diagnostic, and repair information to independent 
repair providers, 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 ‘‘Fair Repair Act’’. 
SEC. 2. REQUIREMENTS FOR ORIGINAL EQUIPMENT MANU-
FACTURERS. 
(a) IN GENERAL.—In the case of digital electronic 
equipment manufactured by or on behalf of, sold, or other-
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wise supplied by an original equipment manufacturer, the 
original equipment manufacturer shall make available, for 
the purposes of diagnosis, maintenance, or repair of such 
equipment, to independent repair providers and owners of 
such equipment on fair and reasonable terms, documenta-
tion, parts, and tools, inclusive of any updates. 
(b) PROHIBITION
ON
THE
USE
OF
CERTAIN 
PARTS.—An original equipment manufacturer shall not 
use parts pairing or any other mechanism to— 
(1) prevent the installation or functioning of 
any otherwise-functional part, including a non-man-
ufacturer approved replacement part or component; 
(2) inhibit or reduce the functioning of any 
part, such that replacement by an independent re-
pair provider or the device owner would cause the 
device to operate with reduced functionality or per-
formance; 
(3) create false, misleading, deceptive, or non- 
dismissible alerts or warnings about parts; 
(4) charge additional fees or increased prices 
for future repairs; or 
(5) limit who can purchase parts or perform re-
pair services. 
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SEC. 3. ENFORCEMENT. 
(a) ENFORCEMENT BY THE FEDERAL TRADE COM-
MISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of section 2 shall be treated as 
a violation of a rule defining an unfair or deceptive 
act or practice prescribed under section 18(a)(1)(B) 
of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)). 
(2) POWERS OF THE COMMISSION.— 
(A) IN GENERAL.—The Commission shall 
enforce this Act and any regulations promul-
gated under this Act in the same manner, by 
the same means, and with the same jurisdic-
tion, powers, and duties as though all applicable 
terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were in-
corporated into and made a part of this Act, 
and any person who violates this Act or a regu-
lation promulgated under this Act shall be sub-
ject to the penalties and entitled to the privi-
leges and immunities provided in the Federal 
Trade Commission Act. 
(B) 
REGULATIONS.—The 
Commission 
may, under section 553 of title 5, United States 
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Code, prescribe any regulations it determines 
necessary to carry out this Act. 
(C) EFFECT ON OTHER LAWS.—Nothing in 
this Act shall be construed to limit the author-
ity of the Commission under any other provi-
sion of law. 
(b) ENFORCEMENT
BY STATE ATTORNEYS GEN-
ERAL.— 
(1) IN GENERAL.—If the chief law enforcement 
officer of a State, or an official or agency designated 
by a State, has reason to believe that any person has 
violated or is violating section 2, the attorney gen-
eral, official, or agency of the State, in addition to 
any authority it may have to bring an action in 
State court under State law, may bring a civil action 
in any appropriate United States district court or in 
any other court of competent jurisdiction, including 
a State court, to— 
(A) enjoin further such violation by such 
person; 
(B) enforce compliance with such section; 
(C) obtain civil penalties; and 
(D) obtain damages, restitution, or other 
compensation on behalf of residents of the 
State. 
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(2) NOTICE
AND
INTERVENTION
BY
THE 
FTC.—The attorney general (or other such officer) 
of a State shall provide prior written notice of any 
action under paragraph (1) to the Commission and 
provide the Commission with a copy of the complaint 
in the action, except in any case in which such prior 
notice is not feasible, in which case the attorney gen-
eral shall serve such notice immediately upon insti-
tuting such action. The Commission shall have the 
right— 
(A) to intervene in the action; 
(B) upon so intervening, to be heard on all 
matters arising therein; and 
(C) to file petitions for appeal. 
(3) LIMITATION ON STATE ACTION WHILE FED-
ERAL ACTION IS PENDING.—If the Commission has 
instituted a civil action for violation of this Act, no 
State attorney general, or official or agency of a 
State, may bring an action under this paragraph 
during the pendency of that action against any de-
fendant named in the complaint of the Commission 
for any violation of this Act alleged in the complaint. 
(4) 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 
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practices that also violate this Act, the attorney gen-
eral may assert the State law claim and a claim 
under this Act in the same civil action. 
SEC. 4. RULES OF CONSTRUCTION, LIMITATIONS, AND NON- 
APPLICATION. 
The following rules of construction, limitations, and 
non-application provisions apply to this Act: 
(1) SECURITY-RELATED
FUNCTIONS
NOT
EX-
CLUDED.—For digital electronic equipment that con-
tains an electronic security lock or other security-re-
lated function, the original equipment manufacturer 
shall make available to the owner and to inde-
pendent repair providers, on fair and reasonable 
terms, any special documentation, tools, and parts 
needed to disable the lock or function, and to reset 
it when disabled in the course of diagnosis, mainte-
nance, or repair of the equipment, to restore full 
functionality of the equipment. 
(2) PROTECTION OF TRADE SECRETS.—Nothing 
in this Act shall be construed to require an original 
equipment manufacturer to divulge a trade secret, as 
defined in section 1839 of title 18, United States 
Code, to an owner or an independent repair provider 
except as necessary to provide documentation, parts, 
and tools on fair and reasonable terms. 
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(3) TERMS OF AGREEMENT WITH AUTHORIZED 
REPAIR PROVIDERS.—No provision in this Act shall 
be construed to abrogate, interfere with, contradict, 
or alter the terms of any arrangement described in 
section 6(1)(A), including the performance or provi-
sion of warranty or recall repair work by an author-
ized repair provider on behalf of an original equip-
ment manufacturer pursuant to such arrangement, 
except that any provision in such terms that pur-
ports to waive, avoid, restrict, or limit an OEM’s ob-
ligations to comply with this Act shall be void and 
unenforceable. 
(4) NON-APPLICATION TO MOTOR VEHICLE OR 
MOTOR
VEHICLE
EQUIPMENT
MANUFACTURERS.— 
Nothing in this Act shall apply to a motor vehicle 
manufacturer, a manufacturer of motor vehicle 
equipment, or a motor vehicle dealer, acting in that 
capacity. 
(5) NON-APPLICATION TO MANUFACTURERS OF 
MEDICAL DEVICES.—Nothing in this Act shall apply 
to a manufacturer of a medical device, acting in that 
capacity. 
(6) NON-APPLICATION TO MANUFACTURERS OF 
OFF-ROAD
OR
NON-ROAD
VEHICLES.—Nothing in 
this Act shall apply to any manufacturer, dis-
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