[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10401 Introduced in House (IH)]
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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 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.
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