HR5155-119

What This Bill Does

The Warrior Right to Repair Act addresses military equipment maintenance controlled by original equipment manufacturers and authorized repair networks. For future defense procurement contracts, agency heads may not buy goods unless the contractor agrees in writing to provide the Department of Defense fair and reasonable access to repair materials, including replacement parts, diagnostic tools, software, hardware implements, information, rights of use, delivery methods, calibration tools, pairing tools, and other materials used by manufacturers or authorized repair providers. The access terms must let DOD provide repair materials to authorized contractors and must match the most favorable terms available to authorized repair providers, or otherwise be fair and reasonable if the manufacturer does not sell those materials. Existing programs may receive waivers only after a justification to congressional defense committees based on an independent technical risk assessment of cost, schedule, and performance impacts. GAO must report within one year on DOD implementation. Separately, the Defense Secretary must review existing contracts to identify modifications needed to remove intellectual-property constraints that limit DOD maintenance and repair access.

Who Benefits and How

Department of Defense maintenance units benefit because future contracts must include access to parts, tools, software, and repair information. Military readiness planners benefit if DOD can repair digital electronic equipment without relying solely on original equipment manufacturer channels. Authorized defense repair contractors benefit because DOD can provide them repair materials for diagnosis, maintenance, and repair work. Service members benefit indirectly if faster repair access improves equipment availability and mission readiness.

Who Bears the Burden and How

Defense contractors bear the burden because procurement contracts must include fair and reasonable repair-material access commitments. Original equipment manufacturers bear the burden of sharing parts, tools, software, information, and repair terms comparable to authorized-provider terms. Defense acquisition offices must enforce contract terms, prepare waiver justifications, and review contracts for intellectual-property constraints. GAO defense analysts must report to congressional defense committees on DOD implementation within one year.

Key Provisions

• Requires future defense procurement contracts to include DOD access to repair parts, tools, software, and information.
• Allows waivers for preexisting programs only with independent technical risk assessments and congressional defense committee justifications.
• Requires GAO to report within one year on implementation of the new title 10 repair-access section.
• Directs the Defense Secretary to identify contract modifications that remove intellectual-property constraints on maintenance and repair.
• Defines fair and reasonable access by reference to authorized repair-provider terms and government fair-reasonable determinations.