H.R. 5155

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5155 Introduced in House (IH)]

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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.
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