{"id":105,"date":"2025-12-31T13:25:33","date_gmt":"2025-12-31T13:25:33","guid":{"rendered":"https:\/\/solutionforamerica.org\/?p=105"},"modified":"2025-12-31T13:46:07","modified_gmt":"2025-12-31T13:46:07","slug":"the-right-to-repair-and-product-durability-act-of-2026","status":"publish","type":"post","link":"https:\/\/solutionforamerica.org\/index.php\/2025\/12\/31\/the-right-to-repair-and-product-durability-act-of-2026\/","title":{"rendered":"The Right to Repair and Product Durability Act of 2026"},"content":{"rendered":"\n

A BILL<\/strong>
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.<\/p>\n\n\n\n

SECTION 1. SHORT TITLE.<\/h3>\n\n\n\n

This Act may be cited as the \u201cRight to Repair and Product Durability Act.\u201d<\/strong><\/p>\n\n\n\n

SECTION 2. FINDINGS AND PURPOSE.<\/h3>\n\n\n\n

(a) Findings.<\/strong> Congress finds that\u2014<\/p>\n\n\n\n

    \n
  1. Repair restrictions commonly include limits on parts, tools, and documentation; software locks; and design choices that unnecessarily impede repair. Federal Trade Commission+1<\/a><\/li>\n\n\n\n
  2. Repair restrictions harm consumers, small businesses, government entities, and competition, and increase waste. Federal Trade Commission+1<\/a><\/li>\n\n\n\n
  3. A central modern barrier to repair is the use of software-based pairing\/serialization and re-authentication requirements<\/strong> that can degrade functionality after otherwise legitimate repairs. The Repair Association+1<\/a><\/li>\n\n\n\n
  4. Sound public policy favors durable, maintainable products and access to repair on fair and reasonable terms. European Commission+1<\/a><\/li>\n<\/ol>\n\n\n\n

    (b) Purposes.<\/strong> The purposes of this Act are\u2014<\/p>\n\n\n\n

      \n
    1. to guarantee access to parts, tools, documentation, diagnostics, calibration, and firmware<\/strong> needed for repair;<\/li>\n\n\n\n
    2. to prohibit parts pairing and software restrictions<\/strong> that block lawful repair; The Repair Association+1<\/a><\/li>\n\n\n\n
    3. to deter and penalize planned obsolescence<\/strong> and intentional design-to-fail practices;<\/li>\n\n\n\n
    4. to establish strong minimum warranties<\/strong> and durability expectations for covered goods; and<\/li>\n\n\n\n
    5. to provide robust enforcement via the FTC, State Attorneys General, and private actions.<\/li>\n<\/ol>\n\n\n\n
      \n\n\n\n

      TITLE I \u2014 DEFINITIONS<\/h2>\n\n\n\n

      SEC. 101. DEFINITIONS.<\/h3>\n\n\n\n

      In this Act:<\/p>\n\n\n\n

        \n
      1. \u201cCovered product\u201d<\/strong> 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.<\/li>\n\n\n\n
      2. \u201cManufacturer\u201d<\/strong> means any person or entity that manufactures, assembles, imports, or sells a covered product under its brand.<\/li>\n\n\n\n
      3. \u201cOwner\u201d<\/strong> means any individual or entity that lawfully owns or leases a covered product, including subsequent purchasers.<\/li>\n\n\n\n
      4. \u201cIndependent repair provider\u201d (IRP)<\/strong> means any person or business engaged in the diagnosis, maintenance, or repair of covered products that is not controlled by the manufacturer.<\/li>\n\n\n\n
      5. \u201cDocumentation\u201d<\/strong> includes service manuals, schematics, boardviews, exploded diagrams, test procedures, diagnostic trees, error code definitions, and calibration procedures sufficient to restore full functionality.<\/li>\n\n\n\n
      6. \u201cParts pairing\u201d<\/strong> 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.<\/li>\n\n\n\n
      7. \u201cFull functionality\u201d<\/strong> 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\u2014except where a feature is unavailable solely because a replacement part lacks that feature.<\/li>\n\n\n\n
      8. \u201cPlanned obsolescence\u201d<\/strong> means designing, programming, or configuring a covered product to unreasonably limit<\/strong> 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.<\/li>\n<\/ol>\n\n\n\n
        \n\n\n\n

        TITLE II \u2014 CORE RIGHT TO REPAIR ACCESS REQUIREMENTS<\/h2>\n\n\n\n

        SEC. 201. PARTS, TOOLS, AND DOCUMENTATION ACCESS.<\/h3>\n\n\n\n

        (a) General rule.<\/strong> For each covered product, a manufacturer shall make available to any owner or independent repair provider, on fair and reasonable terms:<\/p>\n\n\n\n

          \n
        1. Replacement parts<\/strong> (including subassemblies where necessary for practical repair), for at least the duration set in Title IV;<\/li>\n\n\n\n
        2. Tools and fixtures<\/strong>, including software tools;<\/li>\n\n\n\n
        3. Documentation<\/strong> sufficient for repair to full functionality; and<\/li>\n\n\n\n
        4. Diagnostic software<\/strong>, error codes, and test modes, including access needed for troubleshooting at component\/board level where applicable.<\/li>\n<\/ol>\n\n\n\n

          (b) Fair and reasonable terms.<\/strong> Terms are \u201cfair and reasonable\u201d if they:<\/p>\n\n\n\n

            \n
          1. do not require exclusivity, brand affiliation, or \u201cauthorized\u201d status;<\/li>\n\n\n\n
          2. price parts\/tools\/documentation comparably to what the manufacturer provides to its own repair channel, adjusting only for actual volume\/handling differences; and<\/li>\n\n\n\n
          3. do not impose burdensome NDAs that prevent ordinary repair, consumer disclosure, or competition.<\/li>\n<\/ol>\n\n\n\n

            SEC. 202. SOFTWARE, CALIBRATION, AND PAIRING PROHIBITIONS.<\/h3>\n\n\n\n

            (a) Anti-parts-pairing rule.<\/strong> A manufacturer shall not:<\/p>\n\n\n\n

              \n
            1. use parts pairing to prevent or impede repair; or<\/li>\n\n\n\n
            2. reduce functionality, display persistent warnings that impair usability, or disable features solely due to installation of a non-manufacturer or salvaged OEM part.<\/li>\n<\/ol>\n\n\n\n

              (b) Required restoration tools.<\/strong> 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.<\/p>\n\n\n\n

              (c) Security exception (narrow).<\/strong> A manufacturer may restrict a repair-related software function only if it demonstrates by clear and convincing evidence<\/strong> that:<\/p>\n\n\n\n

                \n
              1. the restriction is necessary to address a specific, material security risk; and<\/li>\n\n\n\n
              2. a less restrictive alternative (such as logging, rate limiting, or attestation that does not require manufacturer authorization) is infeasible; and<\/li>\n\n\n\n
              3. the restriction is narrowly tailored and does not serve a primarily commercial purpose.<\/li>\n<\/ol>\n\n\n\n

                SEC. 203. PROHIBITION ON ANTI-REPAIR CONTRACT TERMS.<\/h3>\n\n\n\n

                Any term of sale, license, EULA, warranty, or service contract that:<\/p>\n\n\n\n

                  \n
                1. prohibits or penalizes lawful repair,<\/li>\n\n\n\n
                2. requires exclusive use of manufacturer repair, or<\/li>\n\n\n\n
                3. 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.<\/li>\n<\/ol>\n\n\n\n
                  \n\n\n\n

                  TITLE III \u2014 ANTI\u2013PLANNED OBSOLESCENCE \/ DURABILITY STANDARDS<\/h2>\n\n\n\n

                  SEC. 301. PROHIBITED DESIGN-TO-FAIL PRACTICES.<\/h3>\n\n\n\n

                  It shall be unlawful for a manufacturer to:<\/p>\n\n\n\n

                    \n
                  1. intentionally engineer a covered product or component to fail prematurely under normal foreseeable use;<\/li>\n\n\n\n
                  2. use adhesives, fasteners, enclosures, or assemblies without a functional necessity<\/strong> that materially prevents non-destructive disassembly for common repairs; Federal Trade Commission+1<\/a><\/li>\n\n\n\n
                  3. distribute firmware\/software updates that materially degrade performance, battery life, or feature availability, unless:\n