Warrior Right to Repair Act of 2025

I 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. P EREZ (for herself, Mrs. K IGGANS of Virginia, and Ms. G OODLANDER) 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 Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Warrior Right to Re-4 pair Act of 2025’’. 5 VerDate Sep 11 2014 02:15 Sep 05, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5155.IH H5155kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 5155 IH SEC. 2. REQUIREMENT FOR CONTRACTORS TO PROVIDE 1 REASONABLE ACCESS TO REPAIR MATE-2 RIALS. 3 (a) I N GENERAL.—Chapter 363 of title 10, United 4 States Code, is amended by adding at the end the fol-5 lowing new section: 6 ‘‘§ 4663. Requirement for contractors to provide rea-7 sonable access to repair materials 8 ‘‘(a) R EQUIREMENT.—The head of an agency may 9 not enter into a contract for the procurement of goods 10 unless the contractor agrees in writing to provide the De-11 partment of Defense fair and reasonable access to all the 12 repair materials, including parts, tools, and information, 13 used by the manufacturer or provider or their authorized 14 repair providers to diagnose, maintain, or repair the 15 goods. 16 ‘‘(b) W AIVER AUTHORITY FOR EXISTING PRO-17 GRAMS.—The head of an agency may waive the require-18 ment under subsection (a) for a contract that is related 19 to a program that began before the date of the enactment 20 of this section upon submitting to the congressional de-21 fense committees a justification for the waiver based on 22 an independent technical risk assessment identifying likely 23 impacts to the program’s costs, schedule, or technical per-24 formance, including consideration and reporting of quan-25 VerDate Sep 11 2014 02:15 Sep 05, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5155.IH H5155kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 5155 IH tifiable, cost, schedule, and technical performance implica-1 tions. 2 ‘‘(c) DEFINITIONS.—In this section: 3 ‘‘(1) F AIR AND REASONABLE ACCESS .—The 4 term ‘fair and reasonable access’ means— 5 ‘‘(A) terms and conditions that allow the 6 Department of Defense to provide the repair 7 materials to an authorized contractor for the 8 purpose of diagnosing, maintaining, or repair-9 ing the good; 10 ‘‘(B) provision at prices, terms, and condi-11 tions that are equivalent to the most favorable 12 prices, terms, and conditions under which the 13 manufacturer or an authorized reseller or dis-14 tributor offers the part, tool, or information to 15 an authorized repair provider, accounting for 16 any discount, rebate, convenient and timely 17 means of delivery, means of enabling fully re-18 stored and updated functionality, rights of use, 19 or other incentive or preference the manufac-20 turer or an authorized reseller or distributor of-21 fers to an authorized repair provider; and 22 ‘‘(C) if a manufacturer does not offer, di-23 rectly or through an authorized reseller or dis-24 tributor, the part, tool, or information to any 25 VerDate Sep 11 2014 02:15 Sep 05, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5155.IH H5155kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 5155 IH authorized repair provider, then provision of 1 such part, tool, or information at prices, terms, 2 and conditions that are otherwise determined by 3 the United States Government to be fair and 4 reasonable in accordance with this title. 5 ‘‘(2) P ART.—The term ‘part’ means any re-6 placement part, either new or used, made available 7 by or to an original equipment manufacturer (OEM) 8 for purposes of effecting the services of maintenance 9 or repair of digital electronic equipment manufac-10 tured by or on behalf of, sold, or otherwise supplied 11 by the OEM. 12 ‘‘(3) T OOL.—The term ‘tool’ means any soft-13 ware program, hardware implement, or other appa-14 ratus used for diagnosis, maintenance, or repair of 15 digital electronic equipment, including software or 16 other mechanisms that provision, program, or pair a 17 part, calibrate functionality, or perform any other 18 function required to bring the equipment back to 19 fully functional condition.’’. 20 (b) R EPORT.—Not later than 1 year after the date 21 of the enactment of this Act, the Comptroller General of 22 the United States shall submit to the congressional de-23 fense committees a report on the implementation of sec-24 tion 4663 of title 10, United States Code, as added by 25 VerDate Sep 11 2014 02:15 Sep 05, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5155.IH H5155kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 5155 IH this section, including a description of compliance by the 1 Department of Defense with the requirements of such sec-2 tion. 3 SEC. 3. REQUIREMENT FOR CONTRACT MODIFICATIONS 4 RELATED TO REPAIR CAPABILITIES. 5 (a) I N GENERAL.—The Secretary of Defense shall 6 conduct a review to identify contract modifications nec-7 essary to remove intellectual property constraints that 8 limit the ability of the Department of Defense to conduct 9 maintenance and access the repair materials, including 10 parts, tools, and information, used by the manufacturer 11 or provider or their authorized repair providers to diag-12 nose, maintain, or repair goods covered by a contract. 13 (b) DEFINITIONS.—In this section: 14 (1) P ART.—The term ‘‘part’’ means any re-15 placement part, either new or used, made available 16 by or to an original equipment manufacturer (OEM) 17 for purposes of effecting the services of maintenance 18 or repair of digital electronic equipment manufac-19 tured by or on behalf of, sold, or otherwise supplied 20 by the OEM. 21 (2) T OOL.—The term ‘‘tool’’ means any soft-22 ware program, hardware implement, or other appa-23 ratus used for diagnosis, maintenance, or repair of 24 digital electronic equipment, including software or 25 VerDate Sep 11 2014 02:15 Sep 05, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5155.IH H5155kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •HR 5155 IH other mechanisms that provision, program, or pair a 1 part, calibrate functionality, or perform any other 2 function required to bring the equipment back to 3 fully functional condition. 4 Æ VerDate Sep 11 2014 02:15 Sep 05, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H5155.IH H5155kjohnson on DSK7ZCZBW3PROD with $$_JOB