,,ii #aaith ,,congress #ast ,session ,s4 #bbji ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #h1 #bjbe,ms4 ,warren 7for herself and ,mr4 ,sheehy7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to require contractors to provide reasonable access to repair materials1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,warrior ,right to ,repair ,act of #bjbe4 #b4 ,requirement for contractors to provide reasonable access to repair materials 7a7 ,in general ,chapter #cfc of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new section3 #dffc4 ,requirement for contractors to provide reasonable access to repair materials 7a7 ,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 materials1 including parts1 tools1 and information1 used by the manufacturer or provider or their authorized repair providers to diagnose1 maintain1 or repair the goods4 7b7 ,waiver authority for existing programs ,the head of an agency may waive the requirement under subsection 7a7 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 costs1 schedule1 or technical performance1 including consideration and reporting of quantifiable1 cost1 schedule1 and technical performance implications4 7c7 ,definitions ,in this section3 7#a7 ,fair and reasonable access ,the term fair and reasonable access means-- 7,a7 terms and conditions that allow the ,department of ,defense to provide the repair materials to an authorized contractor for the purpose of diagnosing1 maintaining1 or repairing the good2 7,b7 provision at prices1 terms1 and conditions that are equivalent to the most favorable prices1 terms1 and conditions under which the manufacturer or an authorized reseller or distributor offers the part1 tool1 or information to an authorized repair provider1 accounting for any discount1 rebate1 convenient and timely means of delivery1 means of enabling fully restored and updated functionality1 rights of use1 or other incentive or preference the manufacturer or an authorized reseller or distributor offers to an authorized repair provider2 and 7,c7 if a manufacturer does not offer1 directly or through an authorized reseller or distributor1 the part1 tool1 or information to any authorized repair provider1 then provision of such part1 tool1 or information at prices1 terms1 and conditions that are otherwise determined by the ,united ,states ,government to be fair and reasonable in accordance with this title4 7#b7 ,part ,the term part means any replacement part1 either new or used1 made available by or to an original equipment manufacturer 7,,oem7 for purposes of effecting the services of maintenance or repair of digital electronic equipment manufactured by or on behalf of1 sold1 or otherwise supplied by the ,,oem4 7#c7 ,tool ,the term tool means any software program1 hardware implement1 or other apparatus used for diagnosis1 maintenance1 or repair of digital electronic equipment1 including software or other mechanisms that provision1 program1 or pair a part1 calibrate functionality1 or perform any other function required to bring the equipment back to fully functional condition4 4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the congressional defense committees a report on the implementation of section #dffc of title #aj1 ,united ,states ,code1 as added by this section1 including a description of compliance by the ,department of ,defense with the requirements of such section4 #c4 ,requirement for contract modifications related to repair capabilities 7a7 ,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 materials1 including parts1 tools1 and information1 used by the manufacturer or provider or their authorized repair providers to diagnose1 maintain1 or repair goods covered by a contract4 7b7 ,definitions ,in this section3 7#a7 ,part ,the term part means any replacement part1 either new or used1 made available by or to an original equipment manufacturer 7,,oem7 for purposes of effecting the services of maintenance or repair of digital electronic equipment manufactured by or on behalf of1 sold1 or otherwise supplied by the ,,oem4 7#b7 ,tool ,the term tool means any software program1 hardware implement1 or other apparatus used for diagnosis1 maintenance1 or repair of digital electronic equipment1 including software or other mechanisms that provision1 program1 or pair a part1 calibrate functionality1 or perform any other function required to bring the equipment back to fully functional condition4