I 
118TH CONGRESS 
2D SESSION H. R. 10401 
To promote military readiness by ensuring the Department of Defense retains 
the right to repair equipment it acquires and owns. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 12, 2024 
Ms. PEREZ introduced the following bill; which was 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 ac-
quires and owns. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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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 invest-
ments that would substantially reduce operating and 
support costs over the lifecycle of the program; and 
‘‘(ii) may not be achieved through reducing per-
formance requirements, reducing materiel and oper-
ational 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 De-
fense for Acquisition and Sustainment shall submit to the 
congressional defense committees and publish on a pub-
licly available website of the Department of Defense a re-
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port 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 para-
graph: 
‘‘(11) An evaluation of the cost-effectiveness of the 
implementation by the Department of Defense of the intel-
lectual property strategy for system support, including an 
assessment of cost saving from the acquisition or use of 
intellectual property or increased support costs from fail-
ing to acquire or use sufficient intellectual property.’’. 
SEC. 4. REQUIREMENT FOR CONTRACTORS TO PROVIDE 
REASONABLE 
ACCESS 
TO 
REPAIR 
MATE-
RIALS. 
(a) IN GENERAL.—Chapter 363 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 4663. Requirement for contractors to provide rea-
sonable access to repair materials 
‘‘(a) IN GENERAL.—The head of an agency may not 
enter into a contract for the procurement of goods or serv-
ices unless the contractor agrees in writing to provide the 
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Department of Defense fair and reasonable access to all 
the repair materials, including parts, tools, and informa-
tion, used by the manufacturer or provider or their author-
ized 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 De-
partment of Defense to provide the repair materials 
to an authorized contractor for the purpose of diag-
nosing, maintaining, or repairing the good or serv-
ice; 
‘‘(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, con-
venient and timely means of delivery, means of ena-
bling fully restored and updated functionality, rights 
of use, or other incentive or preference the manufac-
turer or an authorized reseller or distributor offers 
to an authorized repair provider; and 
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‘‘(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 infor-
mation at prices, terms, and conditions that are oth-
erwise 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 mate-
rials.’’. 
(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 de-
fense committees a report on the implementation of sec-
tion 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 sec-
tion. 
SEC. 5. RIGHTS IN TECHNICAL DATA. 
Section 3771(b) of title 10, United States Code, is 
amended— 
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(1) in paragraph (3)(C), by striking ‘‘mainte-
nance,’’ and inserting ‘‘maintenance, diagnosis, re-
pair,’’; 
(2) in paragraph (4)(B), by striking ‘‘such 
data’’ and inserting ‘‘such data, unless further re-
lease, disclosure, or use is required to provide the re-
pair 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 fol-
lowing 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 mate-
rials required to effect the diagnosis, main-
tenance, and repair of the items it owns or 
acquires.’’. 
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SEC. 6. ACCOUNTING OF COMPLIANCE WITH RIGHT-TO-RE-
PAIR REQUIREMENTS. 
(a) ACCOUNTING FOR RIGHT-TO-REPAIR OBSTRUC-
TIONS.— 
(1) IN GENERAL.—The Under Secretary of De-
fense for Acquisition and Sustainment, in coordina-
tion with the Secretaries of the military depart-
ments, shall establish a system to account for right- 
to-repair obstructions. The system shall include a re-
quirement for members of the Armed Forces respon-
sible for the maintenance and sustainment of equip-
ment to log right-to-repair obstructions, including 
the information described in paragraph (2). 
(2) INFORMATION TO BE INCLUDED.—The in-
formation 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 re-
paired 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. 
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(E) The length of time the contractor took 
to repair the equipment. 
(b) ANNUAL REPORT
OF RIGHT-TO-REPAIR OB-
STRUCTIONS.—Not later than 180 days after the enact-
ment of this Act, and annually thereafter, the Assistant 
Secretary of Defense for Sustainment shall post on a pub-
licly available website and submit to the congressional de-
fense committees a report summarizing the information 
about right-to-repair obstructions logged pursuant to sub-
section (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 condi-
tions imposed by the contractor, it is necessary for— 
(1) the contractor to travel to the military in-
stallation 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 enact-
ment of this Act, and every 2 years thereafter, the Comp-
troller General of the United States shall submit to the 
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