119-s2209

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2209 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2209

 To require contractors to provide reasonable access to repair 
 materials, and for other purposes.

_______________________________________________________________________

 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.

 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.
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