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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5497 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5497

  To promote military readiness by ensuring the Department of Defense 
      retains the right to repair equipment it acquires and owns.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2024

  Ms. Warren introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
  To promote military readiness by ensuring the Department of Defense 
      retains the right to repair equipment it acquires and owns.

    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 ``Servicemember Right-to-Repair Act of 
2024''.

SEC. 2. CONSIDERATION OF OPERATION AND SUSTAINMENT COST SAVINGS AS PART 
              OF ACQUISITION STRATEGIES.

    (a) In General.--Section 4211(c) of title 10, United States Code, 
is amended by adding at the end the following paragraph:
    ``(3)(A) Each strategy shall include not fewer than 3 cost-saving 
proposals, each of which shall include--
            ``(i) the amount of money projected to be saved;
            ``(ii) the expected time frame for achieving the savings; 
        and
            ``(iii) the likelihood of achieving the savings.
    ``(B) The cost savings required under subparagraph (A)--
            ``(i) may be achieved through potential investments that 
        would substantially reduce operating and support costs over the 
        lifecycle of the program; and
            ``(ii) may not be achieved through reducing performance 
        requirements, reducing materiel and operational availability 
        rates, or buying fewer end items.''.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Under Secretary of Defense for Acquisition and 
Sustainment shall submit to the congressional defense committees and 
publish on a publicly available website of the Department of Defense a 
report that identifies the cost-saving proposals required by section 
4211(c)(3) of title 10, United States Code, as added by this section.

SEC. 3. CONSIDERATION OF REPAIR COSTS ASSOCIATED WITH INTELLECTUAL 
              PROPERTY RIGHTS.

    Section 4323(b) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(11) An evaluation of the cost-effectiveness of the 
implementation by the Department of Defense of the intellectual 
property strategy for system support, including an assessment of cost 
saving from the acquisition or use of intellectual property or 
increased support costs from failing to acquire or use sufficient 
intellectual property.''.

SEC. 4. 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) In General.--The head of an agency may not enter into a 
contract for the procurement of goods or services 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 good 
or service.
    ``(b) Fair and Reasonable Access Defined.--In this section, the 
term `fair and reasonable access' means, as applicable--
            ``(1) 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 or service;
            ``(2) 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
            ``(3) 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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 363 of title 10, United States Code, is amended by inserting 
after the item relating to section 4662 the following new item:

``4663. Requirement for contractors to provide reasonable access to 
                            repair materials.''.
    (c) 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. 5. RIGHTS IN TECHNICAL DATA.

    Section 3771(b) of title 10, United States Code, is amended--
            (1) in paragraph (3)(C), by striking ``maintenance,'' and 
        inserting ``maintenance, diagnosis, repair,'';
            (2) in paragraph (4)(B), by striking ``such data'' and 
        inserting ``such data, unless further release, disclosure, or 
        use is required to provide the repair or overhaul''; and
            (3) in paragraph (5)(B)--
                    (A) by redesignating clauses (ii) through (iv) as 
                clauses (iii) through (v), respectively; and
                    (B) by inserting after clause (i) the following new 
                clause:
                            ``(ii) The interest of the United States in 
                        balancing acquisition and sustainment costs, 
                        and enhancing military readiness, by ensuring 
                        the United States has access on fair and 
                        reasonable terms, consistent with section 4663 
                        of this title, to repair materials required to 
                        effect the diagnosis, maintenance, and repair 
                        of the items it owns or acquires.''.

SEC. 6. ACCOUNTING OF COMPLIANCE WITH RIGHT-TO-REPAIR REQUIREMENTS.

    (a) Accounting for Right-to-Repair Obstructions.--
            (1) In general.--The Under Secretary of Defense for 
        Acquisition and Sustainment, in coordination with the 
        Secretaries of the military departments, shall establish a 
        system to account for right-to-repair obstructions. The system 
        shall include a requirement for members of the Armed Forces 
        responsible for the maintenance and sustainment of equipment to 
        log right-to-repair obstructions, including the information 
        described in paragraph (2).
            (2) Information to be included.--The information referred 
        to in paragraph (1) is as follows:
                    (A) Whether the Department of Defense owns the 
                equipment that was the subject of the right-to-repair 
                obstruction.
                    (B) The identity of the contractor that repaired 
                the equipment.
                    (C) A description of the equipment and the nature 
                of the repair.
                    (D) An explanation of why members of the Armed 
                Forces were not able to repair the equipment.
                    (E) The length of time the contractor took to 
                repair the equipment.
    (b) Annual Report of Right-to-Repair Obstructions.--Not later than 
180 days after the enactment of this Act, and annually thereafter, the 
Assistant Secretary of Defense for Sustainment shall post on a publicly 
available website and submit to the congressional defense committees a 
report summarizing the information about right-to-repair obstructions 
logged pursuant to subsection (a) during the previous fiscal year.
    (c) Right-to-Repair Obstruction Defined.--In this section, the term 
``right-to-repair obstruction'' means any instance where due to 
circumstances created or conditions imposed by the contractor, it is 
necessary for--
            (1) the contractor to travel to the military installation 
        or facility to repair the equipment;
            (2) military personnel to ship the equipment to the 
        contractor for repair; or
            (3) military personnel to discard, abandon, or decommission 
        the equipment.

SEC. 7. GAO COMPLIANCE REPORT.

    Not later than 2 years after the date of the enactment of this Act, 
and every 2 years thereafter, the Comptroller General of the United 
States shall submit to the congressional defense committees a report 
that assesses the compliance of the Secretary of Defense with--
            (1) the requirements of this Act;
            (2) the requirements of section 4211(c), section 4323(b), 
        and 3771(b) of title 10, as amended by this Act, and section 
        4663 of title 10, as added by this Act; and
            (3) any related matter as determined by the Comptroller 
        General.

SEC. 8. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    In this Act, the term ``congressional defense committees'' has the 
meaning given the term in section 101(a)(16) of title 10, United States 
Code.
                                 <all>
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