S. 2209

119th CONGRESS 1st Session

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

IN THE SENATE OF THE UNITED STATES · July 8, 2025 · Sponsor: Ms. Warren · Committee: Committee on Armed Services

Table of contents

• S. 2209
  • SEC. 1. Short title
  • SEC. 2. Requirement for contractors to provide reasonable access to repair materials
  • SEC. 3. Requirement for contract modifications related to repair capabilities

SEC. 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
  • of title 10, United States Code, is amended by adding at the end the following new section: Chapter 363
    • (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.
      • Requirement
    • (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:
        • The term fair and reasonable access means—
        • 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.
        • 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.
  • In general
• (b) Definitions
• In this section:
  • 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.
  • 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.