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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5155 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5155
To require contractors to provide reasonable access to repair
materials, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 4, 2025
Ms. Perez (for herself, Mrs. Kiggans of Virginia, and Ms. Goodlander)
introduced the following bill; which was referred to the Committee on
Armed Services
_______________________________________________________________________
A BILL
To require contractors to provide reasonable access to repair
materials, 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 ``Warrior Right to Repair Act of
2025''.
SEC. 2. REQUIREMENT FOR CONTRACTORS TO PROVIDE REASONABLE ACCESS TO
REPAIR MATERIALS.
(a) In General.--Chapter 363 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 4663. Requirement for contractors to provide reasonable access
to repair materials
``(a) Requirement.--The head of an agency may not enter into a
contract for the procurement of goods unless the contractor agrees in
writing to provide the Department of Defense fair and reasonable access
to all the repair materials, including parts, tools, and information,
used by the manufacturer or provider or their authorized repair
providers to diagnose, maintain, or repair the goods.
``(b) Waiver Authority for Existing Programs.--The head of an
agency may waive the requirement under subsection (a) for a contract
that is related to a program that began before the date of the
enactment of this section upon submitting to the congressional defense
committees a justification for the waiver based on an independent
technical risk assessment identifying likely impacts to the program's
costs, schedule, or technical performance, including consideration and
reporting of quantifiable, cost, schedule, and technical performance
implications.
``(c) Definitions.--In this section:
``(1) Fair and reasonable access.--The term `fair and
reasonable access' means--
``(A) terms and conditions that allow the
Department of Defense to provide the repair materials
to an authorized contractor for the purpose of
diagnosing, maintaining, or repairing the good;
``(B) provision at prices, terms, and conditions
that are equivalent to the most favorable prices,
terms, and conditions under which the manufacturer or
an authorized reseller or distributor offers the part,
tool, or information to an authorized repair provider,
accounting for any discount, rebate, convenient and
timely means of delivery, means of enabling fully
restored and updated functionality, rights of use, or
other incentive or preference the manufacturer or an
authorized reseller or distributor offers to an
authorized repair provider; and
``(C) if a manufacturer does not offer, directly or
through an authorized reseller or distributor, the
part, tool, or information to any authorized repair
provider, then provision of such part, tool, or
information at prices, terms, and conditions that are
otherwise determined by the United States Government to
be fair and reasonable in accordance with this title.
``(2) Part.--The term `part' means any replacement part,
either new or used, made available by or to an original
equipment manufacturer (OEM) for purposes of effecting the
services of maintenance or repair of digital electronic
equipment manufactured by or on behalf of, sold, or otherwise
supplied by the OEM.
``(3) Tool.--The term `tool' means any software program,
hardware implement, or other apparatus used for diagnosis,
maintenance, or repair of digital electronic equipment,
including software or other mechanisms that provision, program,
or pair a part, calibrate functionality, or perform any other
function required to bring the equipment back to fully
functional condition.''.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to the congressional defense committees a report on the implementation
of section 4663 of title 10, United States Code, as added by this
section, including a description of compliance by the Department of
Defense with the requirements of such section.
SEC. 3. REQUIREMENT FOR CONTRACT MODIFICATIONS RELATED TO REPAIR
CAPABILITIES.
(a) In General.--The Secretary of Defense shall conduct a review to
identify contract modifications necessary to remove intellectual
property constraints that limit the ability of the Department of
Defense to conduct maintenance and access the repair materials,
including parts, tools, and information, used by the manufacturer or
provider or their authorized repair providers to diagnose, maintain, or
repair goods covered by a contract.
(b) Definitions.--In this section:
(1) Part.--The term ``part'' means any replacement part,
either new or used, made available by or to an original
equipment manufacturer (OEM) for purposes of effecting the
services of maintenance or repair of digital electronic
equipment manufactured by or on behalf of, sold, or otherwise
supplied by the OEM.
(2) Tool.--The term ``tool'' means any software program,
hardware implement, or other apparatus used for diagnosis,
maintenance, or repair of digital electronic equipment,
including software or other mechanisms that provision, program,
or pair a part, calibrate functionality, or perform any other
function required to bring the equipment back to fully
functional condition.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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