S. 2209

119 S2209 IS: Warrior Right to Repair Act of 2025
 U.S. Senate
 2025-07-08
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 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 2209  IN THE SENATE OF THE UNITED STATES   July 8, 2025   Ms. Warren  (for herself and  Mr. Sheehy ) introduced the following bill; which was read twice and referred to the  Committee on Armed Services    A BILL
To require contractors to provide reasonable access to repair materials, and for other purposes.
1.
Short title
This Act may be cited as the   Warrior Right to Repair Act of 2025  .
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:
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.
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.