A BILL
To secure the right of owners and independent repair providers to repair and maintain products; to prohibit anti-repair design and software restrictions including parts pairing; to deter planned obsolescence; to establish minimum durability and warranty standards for covered products; and for other purposes.
SECTION 1. SHORT TITLE.
This Act may be cited as the “Right to Repair and Product Durability Act.”
SECTION 2. FINDINGS AND PURPOSE.
(a) Findings. Congress finds that—
- Repair restrictions commonly include limits on parts, tools, and documentation; software locks; and design choices that unnecessarily impede repair. Federal Trade Commission+1
- Repair restrictions harm consumers, small businesses, government entities, and competition, and increase waste. Federal Trade Commission+1
- A central modern barrier to repair is the use of software-based pairing/serialization and re-authentication requirements that can degrade functionality after otherwise legitimate repairs. The Repair Association+1
- Sound public policy favors durable, maintainable products and access to repair on fair and reasonable terms. European Commission+1
(b) Purposes. The purposes of this Act are—
- to guarantee access to parts, tools, documentation, diagnostics, calibration, and firmware needed for repair;
- to prohibit parts pairing and software restrictions that block lawful repair; The Repair Association+1
- to deter and penalize planned obsolescence and intentional design-to-fail practices;
- to establish strong minimum warranties and durability expectations for covered goods; and
- to provide robust enforcement via the FTC, State Attorneys General, and private actions.
TITLE I — DEFINITIONS
SEC. 101. DEFINITIONS.
In this Act:
- “Covered product” means any consumer product or commercial product primarily sold or leased in interstate commerce, including electronics, appliances, agricultural equipment, powered tools, medical durable equipment (non-implantable), and similar goods, as designated by the Commission by rule.
- “Manufacturer” means any person or entity that manufactures, assembles, imports, or sells a covered product under its brand.
- “Owner” means any individual or entity that lawfully owns or leases a covered product, including subsequent purchasers.
- “Independent repair provider” (IRP) means any person or business engaged in the diagnosis, maintenance, or repair of covered products that is not controlled by the manufacturer.
- “Documentation” includes service manuals, schematics, boardviews, exploded diagrams, test procedures, diagnostic trees, error code definitions, and calibration procedures sufficient to restore full functionality.
- “Parts pairing” means any hardware or software design in which a replacement part (including subcomponents) is cryptographically or digitally bound to a device such that replacement results in reduced functionality, warnings, lockouts, or degraded performance unless the replacement is authorized by the manufacturer.
- “Full functionality” means the product performs to the same level of performance and features as prior to failure, including safety, battery health reporting, cameras/sensors, thermal management, charging, biometric functions, and relevant warnings—except where a feature is unavailable solely because a replacement part lacks that feature.
- “Planned obsolescence” means designing, programming, or configuring a covered product to unreasonably limit durability, maintainability, or functional lifespan, including intentional premature failure modes, non-availability of parts, or software/firmware actions that substantially impair usability absent a bona fide safety/security justification.
TITLE II — CORE RIGHT TO REPAIR ACCESS REQUIREMENTS
SEC. 201. PARTS, TOOLS, AND DOCUMENTATION ACCESS.
(a) General rule. For each covered product, a manufacturer shall make available to any owner or independent repair provider, on fair and reasonable terms:
- Replacement parts (including subassemblies where necessary for practical repair), for at least the duration set in Title IV;
- Tools and fixtures, including software tools;
- Documentation sufficient for repair to full functionality; and
- Diagnostic software, error codes, and test modes, including access needed for troubleshooting at component/board level where applicable.
(b) Fair and reasonable terms. Terms are “fair and reasonable” if they:
- do not require exclusivity, brand affiliation, or “authorized” status;
- price parts/tools/documentation comparably to what the manufacturer provides to its own repair channel, adjusting only for actual volume/handling differences; and
- do not impose burdensome NDAs that prevent ordinary repair, consumer disclosure, or competition.
SEC. 202. SOFTWARE, CALIBRATION, AND PAIRING PROHIBITIONS.
(a) Anti-parts-pairing rule. A manufacturer shall not:
- use parts pairing to prevent or impede repair; or
- reduce functionality, display persistent warnings that impair usability, or disable features solely due to installation of a non-manufacturer or salvaged OEM part.
(b) Required restoration tools. If a covered product requires software calibration, initialization, secure provisioning, or configuration after repair, the manufacturer shall provide a method that allows owners and IRPs to complete such steps and restore full functionality.
(c) Security exception (narrow). A manufacturer may restrict a repair-related software function only if it demonstrates by clear and convincing evidence that:
- the restriction is necessary to address a specific, material security risk; and
- a less restrictive alternative (such as logging, rate limiting, or attestation that does not require manufacturer authorization) is infeasible; and
- the restriction is narrowly tailored and does not serve a primarily commercial purpose.
SEC. 203. PROHIBITION ON ANTI-REPAIR CONTRACT TERMS.
Any term of sale, license, EULA, warranty, or service contract that:
- prohibits or penalizes lawful repair,
- requires exclusive use of manufacturer repair, or
- denies warranty coverage solely because repair was performed by an owner/IRP,
is void as against public policy, except that warranty coverage may be denied for damage actually caused by improper repair.
TITLE III — ANTI–PLANNED OBSOLESCENCE / DURABILITY STANDARDS
SEC. 301. PROHIBITED DESIGN-TO-FAIL PRACTICES.
It shall be unlawful for a manufacturer to:
- intentionally engineer a covered product or component to fail prematurely under normal foreseeable use;
- use adhesives, fasteners, enclosures, or assemblies without a functional necessity that materially prevents non-destructive disassembly for common repairs; Federal Trade Commission+1
- distribute firmware/software updates that materially degrade performance, battery life, or feature availability, unless:
- the change is necessary for safety/security, and
- the manufacturer provides clear notice and a reasonable opt-out or remediation;
- discontinue essential parts, documentation, or repair software before the minimum support periods in Title IV.
SEC. 302. DURABILITY DISCLOSURE LABEL (RULEMAKING).
Within 24 months, the Commission shall promulgate rules requiring a standard durability and repairability disclosure for covered product categories, including:
- minimum support period for parts and software,
- repair documentation availability,
- repair difficulty score, and
- whether any features depend on pairing/authorization.
(Modeled to make durability measurable and enforceable; aligns with the direction of modern repair policy.) European Commission+1
TITLE IV — STRONG MINIMUM WARRANTIES AND SUPPORT PERIODS
SEC. 401. MINIMUM STATUTORY WARRANTY PERIODS.
(a) Minimum warranties (baseline). Notwithstanding any other law, each new covered product shall include at least the following statutory warranties (parts and labor), transferable to subsequent purchasers:
- Smartphones, tablets, laptops, and desktops: 3 years
- Major home appliances (refrigerators, washers/dryers, ovens, HVAC consumer units): 5 years
- Agricultural and commercial equipment above a threshold (by rule): 5 years (or 5,000 operating hours, as applicable by category)
- Other categories: as set by Commission rule, not less than 2 years.
(b) No waiver. These warranties may not be disclaimed or reduced.
SEC. 402. WARRANTY EXTENSION UPON REPAIR.
When a covered product is repaired under warranty, the warranty for the repaired product shall be extended by 12 months from the date of return to the owner (or longer if provided by the manufacturer). European Commission+1
SEC. 403. PARTS AND SOFTWARE SUPPORT MINIMUMS.
For each covered product, manufacturers shall provide parts, documentation, and repair software for at least:
- 7 years after last date of manufacture for phones/computers;
- 10 years for major appliances;
- 10 years for agricultural/commercial equipment (or as set by rule).
SEC. 404. REPAIR BEFORE REPLACEMENT; REASONABLE PRICING.
During the warranty period, the warrantor shall offer repair unless replacement is objectively less costly and faster, in which case the owner may choose repair or replacement.
TITLE V — ENFORCEMENT, PENALTIES, AND PRIVATE RIGHTS
SEC. 501. UNFAIR OR DECEPTIVE ACTS; FTC ENFORCEMENT.
A violation of this Act constitutes an unfair or deceptive act or practice enforceable by the Federal Trade Commission.
SEC. 502. CIVIL PENALTIES AND INJUNCTIVE RELIEF.
(a) The Commission may seek:
- civil penalties up to $50,000 per violation per day (adjusted for inflation),
- restitution, disgorgement, and injunctive relief, including mandatory access provisions and disabling of unlawful pairing restrictions.
SEC. 503. PRIVATE RIGHT OF ACTION.
(a) Any person injured by a violation may bring a civil action in federal court for:
- actual damages or statutory damages of $1,000 per affected product, whichever is greater;
- treble damages for willful violations;
- attorneys’ fees and costs; and
- injunctive relief.
(b) Class actions permitted.
SEC. 504. STATE ATTORNEYS GENERAL.
State AGs may bring parens patriae actions to enforce this Act.
SEC. 505. WHISTLEBLOWER PROTECTION.
No manufacturer may retaliate against employees/contractors who report violations. Remedies include reinstatement, back pay, and damages.
TITLE VI — PREEMPTION, SEVERABILITY, EFFECTIVE DATE
SEC. 601. FLOOR PREEMPTION.
This Act sets a minimum national floor. States may enact stronger protections.
SEC. 602. SEVERABILITY.
If any provision is held invalid, the remainder shall not be affected.
SEC. 603. EFFECTIVE DATE.
Effective 180 days after enactment, except that rulemaking deadlines apply as stated.