II 118th CONGRESS 2d Session S. 5497 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.

1. Short title This Act may be cited as the Servicemember Right-to-Repair Act of 2024 . 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. 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. . 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: 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. 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. . 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. 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. 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.