SEC. 101. FINDINGS.
Congress finds the following:
The practical ability to acquire, possess, use, maintain, repair, improve, transfer, give, lend, and devise lawful property is a foundation of individual autonomy, family security, civic equality, entrepreneurship, and democratic self-government.
Ownership is hollow when a commercial actor may, after receiving the agreed price, remotely disable a product, erase a purchased digital good, withdraw an advertised capability, impose a new recurring payment, prevent ordinary repair, or make continued use depend on an account or server the actor may terminate at will.
Modern commerce increasingly substitutes revocable access for durable possession while using the familiar language, visual design, and pricing of a sale. A reasonable purchaser who selects a button marked “buy,” “purchase,” “own,” or an equivalent ordinarily understands that the acquired benefit will not disappear because a seller changes strategy, loses an upstream license, discontinues a server, or fails as a business.
Fine-print descriptions of a transaction as a “license” or “service” frequently are non-negotiable, unread until after payment, or inconsistent with prominent sales representations. Transaction labels that do not reflect economic substance impair price comparison and competition.
Subscriptions can expand access and reduce up-front cost when chosen knowingly. They become coercive when enrollment is obscured, cancellation is more difficult than enrollment, a free trial converts without meaningful notice, a price or product changes without renewed consent, or a previously purchased function is moved behind a recurring paywall.
The loss of authentication servers, cloud services, application stores, digital-rights-management infrastructure, or manufacturer accounts can disable tangible products that remain physically sound and digital goods for which the consumer paid in full.
Continued dependence on a seller after a sale can expose households to privacy invasions, cybersecurity risk, forced advertising, discriminatory exclusion, and loss of access after an unrelated allegation of misconduct.
A sanction for conduct on a communications, gaming, financial, or marketplace service should be proportionate to that conduct and should not ordinarily confiscate unrelated lawfully purchased property, stored value, creative work, records, or personal data.
Restrictions on diagnostics, tools, replacement parts, software, passwords, parts pairing, and third-party consumables increase cost, reduce the supply of independent repair, burden rural and low-income communities, generate avoidable waste, and may shorten product life without a demonstrated safety or security benefit.
Product serial numbers and cryptographic authentication can serve legitimate safety, provenance, theft-prevention, and cybersecurity purposes. The same technologies can be used to reject lawful parts, suppress repair, or force replacement. Law should distinguish the function from the restraint.
Owners of connected products should be able to operate core functions locally, export their data and creative work in usable formats, and choose interoperable services when doing so does not materially endanger another person or a protected network.
Security updates are essential, but an update should not secretly reduce performance, remove an advertised feature, introduce advertising, disable a compatible consumable, or prevent rollback without a narrowly tailored and disclosed justification.
Useful-life and software-support periods are often undisclosed. Objective minimum support, parts-availability, and end-of-life duties allow purchasers to compare total cost and encourage durable design.
Rent-to-own, lease-to-own, contract-for-deed, and similar transactions may function as high-cost credit while denying purchasers the disclosures, accumulated equity, cure rights, and foreclosure or repossession safeguards associated with ownership financing.
Losing a sole vehicle, mobility device, work tool, household appliance, family home, or personal data without adequate notice and opportunity to cure can destabilize employment, health, and family life. Enforcement of a security interest should preserve proportionality, equity, and access to personal effects.
Heirs-property title defects, predatory partition sales, discriminatory or inaccurate valuation, manufactured-home land insecurity, and tax-foreclosure procedures can strip families and communities of accumulated equity, with disproportionate effects on Black, Latino, Indigenous, rural, and low-income owners.
When government retains value beyond a lawful debt, or a law-enforcement agency’s budget benefits from property it seizes, due process and public confidence are threatened.
Digital and connected-product markets are national and international. Their contracts, payments, servers, software updates, component supply chains, and communications routinely cross State and national boundaries.
Divergent minimum rules for transaction labeling, continuity, cancellation, repair information, and digital transfer impose avoidable burdens on interstate commerce, while stronger State and Tribal protections can serve as laboratories and should be preserved.
Congress has authority to secure these protections under its powers to regulate interstate and foreign commerce; establish uniform bankruptcy laws; promote the progress of science and useful arts; govern patents and copyrights; establish post offices and regulate interstate communications; tax and spend for the general welfare; regulate Federal property and procurement; enforce the Reconstruction Amendments; and enact laws necessary and proper to carry those powers into execution.
Detailed statutory standards, judicial enforcement, multiple public enforcers, and a private right of action are necessary to make ownership protections durable notwithstanding changes in agency policy.
SEC. 102. PURPOSES.
The purposes of this Act are -
to ensure that a transaction represented and reasonably understood as a sale provides durable and practical ownership;
to require clear separation among sales, subscriptions, rentals, and time-limited licenses;
to prohibit retroactive feature removal, forced conversion of purchased capabilities to subscriptions, artificial degradation, and undisclosed post-purchase advertising;
to secure continued use after end of service, license failure, acquisition, insolvency, or dissolution through local operation, unlocking, interoperability, escrow, migration, replacement, or refund;
to preserve access to purchased property and personal digital property when an account is suspended or terminated;
to secure the rights to repair, use compatible third-party parts and consumables, and avoid unjustified parts pairing or ecosystem lock-in;
to establish minimum durability, support, parts-availability, and ownership-disclosure standards;
to protect equity and due process in ownership-directed financing, repossession, foreclosure, tax collection, and forfeiture;
to expand pathways to secure home, land, and community ownership, particularly for first-generation, low-wealth, rural, Tribal, and historically excluded households;
to create a Federal floor while preserving stronger State, local, and Tribal protections; and
to provide effective judicial, public, and private remedies that cannot be nullified by non-negotiated waiver or forced arbitration.
SEC. 103. CONSTITUTIONAL AUTHORITY AND JURISDICTIONAL NEXUS.
(a) EXERCISE OF ENUMERATED POWERS.
This Act is enacted under each source of constitutional authority identified in section 101(20), independently and in combination.
(b) TRANSACTIONS IN OR AFFECTING COMMERCE.
Except where a provision expressly applies on another jurisdictional basis, this Act applies only to conduct involving -
a good, service, digital good, component, payment, communication, account, software update, or contractual performance that has traveled in or uses a channel or instrumentality of interstate or foreign commerce;
a person engaged in a business or commercial activity in or affecting interstate or foreign commerce;
a transaction processed, advertised, authenticated, delivered, financed, or supported through interstate mail, telecommunications, the internet, an interstate payment network, or a multistate platform;
property purchased, insured, guaranteed, subsidized, licensed, or procured by the Federal Government, or with Federal financial assistance; or
an activity that, in the aggregate with substantially similar activities, has a substantial effect on interstate or foreign commerce.
(c) EXPRESS JURISDICTIONAL ELEMENT.
In a civil action, the jurisdictional nexus is satisfied by a preponderance of the evidence. No plaintiff is required to prove that an individual transaction, considered alone, substantially affected interstate commerce if paragraph (1), (2), (3), or (4) of subsection (b) is satisfied.
(d) INTELLECTUAL PROPERTY AND BANKRUPTCY.
Titles concerning copyright, patent exhaustion, digital transfer, technological protection measures, executory licenses, consumer claims in bankruptcy, or continuity escrow are additionally enacted under article I, section 8, clauses 4 and 8 of the Constitution.
(e) FEDERAL FUNDS AND PROPERTY.
Conditions on Federal grants, insurance, guarantees, procurement, and disposition of Federal property shall apply only after clear notice and shall be reasonably related to the Federal program and the purposes of this Act.
SEC. 104. DEFINITIONS.
In this Act:
(1) ACCOUNT.
The term “account” means any credentialed relationship through which a person accesses, authenticates, stores, manages, uses, repairs, transfers, or receives support for a good, digital good, service, entitlement, or item of personal digital property.
(2) ADVERTISEMENT.
The term “advertisement” means a commercial message promoting a person, product, transaction, or paid placement, including a message inserted into the interface, notifications, search results, settings, lock screen, operating system, or core function of a product. The term does not include a safety recall, security alert, transaction receipt, legally required notice, or noncommercial communication requested by the owner.
(3) AFFIRMATIVE EXPRESS CONSENT.
The term “affirmative express consent” means a freely given, specific, informed, unambiguous, and revocable act that -
is obtained after all material terms are presented clearly and conspicuously;
is not inferred from silence, inactivity, use of an unrelated feature, closure of a notice, or consent to another transaction;
is not obtained through a preselected control, misleading interface, obstruction, or unequal choice architecture;
identifies the price, frequency, duration, cancellation method, and material effect; and
is evidenced by a record the person may retain.
(4) ARTIFICIAL DEGRADATION.
The term “artificial degradation” means a remote action, update, design practice, or commercial restriction that materially reduces performance, capacity, interoperability, battery life, repairability, compatibility, availability of a core function, or remaining useful life without being reasonably necessary and narrowly tailored to address a documented safety, cybersecurity, privacy, legal-compliance, or resource-integrity risk.
The term “billing intermediary” means a payment network, application store, marketplace, telecommunications carrier, financial institution, or other person that knowingly initiates, processes, presents, or controls a recurring charge on behalf of a seller. The term does not include a person whose only role is the automated transmission of funds and who lacks reasonable means to identify the payee and recurring character of the charge.
(6) CLEAR AND CONSPICUOUS.
The term “clear and conspicuous” means unavoidable, readily understandable, and presented in the same language and medium as the principal representation, with visual, auditory, temporal, spatial, and technical prominence reasonably calculated to be noticed and understood by the intended audience, including persons with disabilities. A hyperlink, hover text, terms-of-service reference, or disclosure delivered after payment is not clear and conspicuous as to a material pre-transaction term unless expressly authorized by this Act.
(6A) COMMISSION.
The term “Commission” has the meaning given in section 1501.
(6B) CONNECTED PRODUCT.
The term “connected product” means a tangible product or component that communicates through the internet, a telecommunications network, a local wired or wireless network, near-field communication, satellite, a seller-controlled application, or another digital interface, or whose core function materially depends on remote software, authentication, data, or processing.
(7) CONSUMER.
The term “consumer” means a natural person who seeks or acquires property or services primarily for personal, family, household, educational, creative, agricultural, or home-based-business purposes, and includes an authorized fiduciary, heir, estate, household member, or representative acting for that person.
(8) CORE FUNCTION.
The term “core function” means a capability -
identified on packaging, a product page, point-of-sale display, demonstration, specification, or advertisement as a reason to acquire a product;
enabled and ordinarily usable at the time of sale;
necessary for the product’s customary principal use; or
reasonably expected from the product category,
but does not include a new capability developed and offered for the first time after sale unless the new capability becomes necessary to continue a function described in subparagraphs (A) through (D).
(9) COVERED PRODUCT.
The term “covered product” means tangible personal property, software, a digital good, a connected product, a component, a replacement part, or a bundle of such items acquired in a covered transaction. The term does not include real property except as expressly provided in Titles IX, X, or XI.
(10) COVERED TRANSACTION.
The term “covered transaction” means an offer, advertisement, sale, lease, rental, license, subscription, financing, warranty, service plan, exchange, gift-card or stored-value issuance, or other commercial disposition to a consumer or qualifying small entity that satisfies section 103.
(11) DIGITAL GOOD.
The term “digital good” means a lawfully acquired work, copy, phonorecord, computer program, game, audiovisual work, book, publication, ticketed recording, downloadable content, virtual item, dataset, model file, design file, or other content represented in digital form, whether delivered by download, streaming, remote access, account entitlement, token, or other means. The term does not include a live professional service, a communication service, or metered computing capacity except to the extent such service includes a separately sold digital good.
(12) DIGITAL PROPERTY.
The term “digital property” means a digital good, personal digital property, stored value, or transferable entitlement in which a person has a lawful possessory, contractual, beneficial, or ownership interest. The term does not itself determine whether a security, commodity, deposit, or intellectual-property right exists under another law.
(13) DURABLE ACCESS.
The term “durable access” means the practical ability, during the applicable ownership or support period, to locate, authenticate, retrieve, render, use, and make a lawful backup of property without the seller’s unilateral discretion to revoke that ability. Durable access may be provided through a reasonably secure offline credential, locally stored copy, successor service, interoperable format, or other method that remains effective during an account or network outage.
(14) DURABLE RECEIPT.
The term “durable receipt” means a human-readable and machine-readable record that a purchaser may download, print, store independently, and later use to establish the transaction, entitlement, seller, date, price, promised duration, disclosed dependencies, and applicable remedy.
(15) END-OF-SERVICE EVENT.
The term “end-of-service event” means cessation or material impairment of authentication, hosting, updates, support, cloud processing, marketplace access, account infrastructure, or another seller-controlled dependency necessary for a core function or durable access, whether caused by business decision, rights expiration, insolvency, acquisition, technical migration, abandonment, or operation of law.
(16) FAIR AND REASONABLE TERMS.
The term “fair and reasonable terms” means terms that are objectively justified, non-discriminatory among similarly situated persons, not designed to deter lawful use, and priced no higher than the lower of -
the seller’s offered retail price for the same item or access; or
the seller’s reasonable incremental cost plus a commercially reasonable margin,
taking account of volume, actual intellectual-property value, and documented safety or security cost, but not lost revenue from foreclosed repair, consumable, subscription, or replacement sales.
(17) MATERIAL ADVERSE CHANGE.
The term “material adverse change” means a change reasonably likely to affect a person’s decision to acquire or continue using property or a service, including a price increase; new recurring charge; shortened duration; reduced functionality, quality, privacy, security, portability, compatibility, or support; introduction or material increase of advertising; new data use; elimination of a plan; or new restriction on cancellation, repair, transfer, or local control.
(18) OWNER.
The term “owner” means a consumer or qualifying small entity that acquires a covered product in a transaction classified as a sale under this Act, without regard to a contrary non-negotiated label. Ownership of a particular copy, device, or entitlement does not transfer copyright, patent, trademark, another person’s personal data, or a trade secret except as expressly provided by law.
(19) PERSONAL DIGITAL PROPERTY.
The term “personal digital property” means data or content created by, supplied by, purchased for, or uniquely associated with a person, including photographs, video, audio, manuscripts, designs, save files, annotations, messages to the extent lawfully accessible, contact lists, calendars, health and fitness records, device histories, transaction records, account inventories, configuration files, and exported social content. The term excludes another person’s private communication where disclosure is prohibited by law and excludes a seller’s trade secrets except to the minimum extent necessary to render the person’s own property usable.
(19A) PERSON.
The term “person” means an individual, corporation, company, association, firm, partnership, society, joint-stock company, trust, estate, cooperative, nonprofit organization, governmental commercial instrumentality, or other legal entity. The term includes a Federal, State, local, territorial, or Tribal governmental entity only where this Act expressly so provides and subject to applicable sovereign immunity.
The term “platform” means a person that controls a marketplace, application store, account system, rights-management system, operating environment, payment channel, or other infrastructure through which a material number of third parties offer, deliver, authenticate, update, or disable covered products.
(21) QUALIFYING SMALL ENTITY.
The term “qualifying small entity” means a business, nonprofit organization, farm, cooperative, or independent creator that -
together with affiliates, employs not more than 100 employees and has annual gross receipts not exceeding $15,000,000, adjusted under section 1608;
acquires the covered product as an end user and not principally for resale; and
is not controlled by the seller or an affiliate of the seller.
(22) REASONABLE USEFUL LIFE.
The term “reasonable useful life” means the longer of -
the period expressly represented by the seller;
the applicable minimum support period under section 604;
the period during which a reasonable purchaser would expect the category of product, with ordinary maintenance and repair, to retain its core functions; or
for a specific unit, the period during which the unit remains technically capable of safe performance of a core function.
(23) RECURRING CHARGE.
The term “recurring charge” means a charge or series of charges initiated under an arrangement in which silence, failure to cancel, or continued possession is treated as authorization for another payment or extension.
(24) REMOTE ACTION.
The term “remote action” means a command, configuration, update, credential change, server response, account action, cryptographic act, or omission by a person other than the owner that changes the practical operation, availability, performance, or compatibility of a product after delivery.
(25) REPAIR.
The term “repair” means diagnosis, maintenance, restoration, calibration, refurbishment, modification, replacement of a part, installation or removal of software, data recovery, security research, or other activity intended to return property to a condition or configuration chosen by its lawful owner.
(26) SALE.
The term “sale” means a transaction that transfers for value possession, title, an indefinite personal-use entitlement, or the practical incidents of ownership in a product, as determined under sections 201 and 202. A sale of a copy does not transfer the copyright in the work embodied in that copy.
(27) SELLER.
The term “seller” means a manufacturer, developer, publisher, distributor, retailer, lessor, licensor, subscription provider, platform, marketplace, dealer, creditor, assignee, servicer, or other person that makes or materially controls a covered representation, receives material consideration, supplies a necessary entitlement, or has practical power to satisfy a duty imposed by this Act. Liability shall be allocated under section 1406 according to knowledge, control, benefit, and contribution.
(28) STORED VALUE.
The term “stored value” means money, credit, points purchased with money, gift-card value, platform wallet value, refundable deposit, or virtual currency that is represented as exchangeable for goods, services, or money. The term does not include points awarded without consideration under a clearly disclosed loyalty program, except to the extent State law provides otherwise.
(29) SUBSCRIPTION.
The term “subscription” means an arrangement requiring recurring consideration to retain access to property, content, a capability, or a service, and includes a negative-option, automatic-renewal, continuity, or free-to-pay conversion arrangement.
(30) THIRD-PARTY CONSUMABLE.
The term “third-party consumable” means ink, toner, a cartridge, filter, battery, charger, cable, coffee pod, cleaning material, blade, attachment, media, fluid, reagent, or other replaceable input made or supplied by a person other than the original seller and reasonably intended for use with a product.
(31) TRANSFER.
The term “transfer” means a sale, gift, loan, devise, assignment, or other lawful disposition of possession or a personal-use entitlement. For a digital good, the term includes an authorized process that does not knowingly cause the transferor and transferee to retain simultaneously usable copies beyond any temporary technical reproduction reasonably necessary to complete the transfer.
SEC. 105. FEDERAL OWNERSHIP BILL OF RIGHTS.
(a) RIGHTS SECURED.
Subject to the tailored exceptions and procedures in this Act, every owner has the right -
to know before payment whether a transaction is a sale, subscription, rental, or time-limited license;
to receive the practical benefit of a sale and a durable receipt proving it;
to possess and continue using a purchased product without a new charge or avoidable seller-controlled dependency;
to retain every core function and material capability represented or enabled at sale;
to be free from artificial degradation, remote bricking, and undisclosed post-purchase advertising;
to receive necessary security fixes and to choose, defer, reinstall, or roll back nonessential software changes consistent with section 607;
to local control of a connected product’s core functions;
to reasonable support, replacement parts, and continuity during the product’s reasonable useful life;
to diagnose, maintain, repair, refurbish, improve, and modify lawful property;
to use safe, compatible third-party parts, services, software, and consumables;
to be free from unjustified serialization, parts pairing, and ecosystem lock-in;
to durable access, lawful backup, and continued use of a purchased digital good;
to export personal digital property and account records in a usable, interoperable format;
to have purchased property, stored value, and export rights preserved when an account is restricted or terminated;
to have a conduct sanction separated from confiscation of unrelated property;
to continuity, unlocking, migration, replacement, or refund after an end-of-service event or company failure;
to sell, give, lend, transfer, and devise property, subject to the rights of others and lawfully perfected security interests;
to transparent ownership-directed financing, accumulated ownership credit, early payoff, cure, and fair disposition of collateral;
to notice and a meaningful opportunity to be heard before essential or high-equity property is seized, disabled, repossessed, or forfeited;
to recovery of surplus value and protection against self-funded confiscation;
to remedies adequate to restore access, value, data, time, and consequential loss;
to organize and act collectively with similarly situated owners;
to protection from retaliation for exercising, assisting, or reporting a right under this Act; and
to the benefit of any stronger protection supplied by State, local, Tribal, or other Federal law.
(b) DIRECT EFFECT.
Each right in subsection (a) is independently enforceable to the extent implemented by an operative provision of this Act. The absence of a regulation does not delay or defeat a statutory duty for which the text supplies an objectively administrable standard.
(c) NO ABSOLUTE RIGHT TO ENDANGER OTHERS.
Nothing in this section authorizes infringement of another person’s intellectual property, invasion of privacy, unlawful discrimination, unsafe operation on a public network or roadway, evasion of emissions controls, defeat of accessibility protections, fraud, theft, or material harm to another person. A restriction asserted on such a ground remains subject to the necessity, tailoring, evidence, and less-restrictive-alternative requirements of this Act.
SEC. 106. ECONOMIC SUBSTANCE; ANTI-EVASION.
(a) SUBSTANCE CONTROLS.
The rights and duties under this Act turn on the economic substance, technical reality, prominent representations, and reasonable understanding of the transaction, not on a drafting label, delivery mechanism, accounting treatment, or unilateral reservation of rights.
(b) NONEXCLUSIVE FACTORS.
In determining economic substance, a court or agency shall consider -
whether consideration is paid once or on a fixed installment schedule;
whether the transaction is promoted using language or imagery associated with ownership;
whether possession or access is promised for an indefinite period;
whether the purchaser bears risk of loss, maintenance, taxes, or obsolescence;
whether the seller retains a meaningful reversionary interest rather than a technical power to revoke;
whether ordinary purchasers reasonably expect the item to remain usable without continuing payment;
whether the seller can remotely terminate access or remove functions;
whether restrictions principally protect copyright or instead recreate commercial control after sale; and
the totality of the circumstances.
(c) EVASION.
It is unlawful to structure, divide, route, relabel, bundle, assign, or technically implement a transaction with the purpose or substantial effect of evading this Act. Related persons and nominally separate contracts shall be considered together.
(d) CONTRACTUAL CHOICE OF LAW.
A choice-of-law, forum, or corporate-organization device may not avoid application of this Act to a person or transaction otherwise within section 103.
(e) BURDEN.
Once a purchaser shows that a transaction was represented as a sale or satisfies three factors in subsection (b), the person asserting a lesser classification bears the burden of proving by clear and convincing evidence that the purchaser knowingly selected a materially different transaction after the disclosures required by this Act.
SEC. 107. RULES OF CONSTRUCTION.
(a) OWNERSHIP-PRESERVING CONSTRUCTION.
Ambiguity in a mass-market agreement shall be resolved in favor of durable ownership, interoperability, repair, transferability, and preservation of paid value.
(b) CUMULATIVE RIGHTS.
Rights and remedies under this Act are cumulative. Election of repair, replacement, access restoration, cancellation, refund, damages, or another remedy does not waive an additional remedy needed to make the person whole, but duplicate recovery for the same loss is prohibited.
(c) INTELLECTUAL PROPERTY.
Ownership of a copy or product does not convey an underlying intellectual-property right. Intellectual-property law shall not be construed to create post-sale control beyond rights expressly granted by Congress, and the specific amendments in this Act control over an inconsistent general rule.
(d) SAFETY AND SECURITY CLAIMS.
Unless this Act provides a different standard, a person relying on safety, cybersecurity, privacy, emissions, or legal compliance to restrict an ownership right bears the burden of showing, by a preponderance of specific evidence, that the restriction -
addresses a material and reasonably foreseeable risk;
is reasonably effective;
is no broader or longer than necessary;
does not serve primarily to suppress competition or extract payment; and
is accompanied, where feasible, by a safe and reasonably accessible alternative.
(e) ACCESSIBILITY.
All notices, interfaces, export tools, and procedures required by this Act shall conform to applicable Federal accessibility law and shall be usable without requiring a smartphone, biometric identifier, or broadband connection unless the product cannot reasonably operate without that technology.
SEC. 108. NONWAIVER; INVALID TERMS.
(a) NONWAIVER.
Except for a settlement knowingly entered after a dispute has arisen and with opportunity to consult counsel, a right or remedy under this Act may not be waived, disclaimed, shortened, or varied to the detriment of a consumer or qualifying small entity.
(b) INVALID TERMS.
A term is void and unenforceable to the extent it -
permits unilateral revocation of purchased property or a core function;
converts a sale to a subscription or permits an undisclosed recurring charge;
disclaims a duty expressly imposed by this Act;
deems silence, use, update installation, or continued possession consent to a material adverse change;
prohibits truthful reviews, repair, security research, data export, collective action, or communication with a public enforcer;
requires forfeiture of unrelated property as a consequence of account conduct;
selects a law or forum principally to evade this Act; or
restricts access to a court contrary to section 1409.
(c) BLUE PENCILING PROHIBITED FOR DELIBERATE EVASION.
If a seller knowingly uses a prohibited term after the applicable effective date, a court shall not rewrite that term to provide the maximum restraint that might have been lawful. The term shall be unenforceable in full, without invalidating a separable provision favorable to the purchaser.
SEC. 109. RELATION TO STATE, LOCAL, AND TRIBAL LAW.
(a) FEDERAL FLOOR.
This Act establishes minimum protection and does not preempt a State, local, or Tribal law that affords equal or greater protection, a broader remedy, a longer period, or a more protective rule of contract or property.
(b) LIMITED CONFLICT PREEMPTION.
A State or local requirement is preempted only to the extent simultaneous compliance with that requirement and a specific requirement of this Act is physically impossible. Additional cost, operational variation, or a more protective standard does not constitute impossibility.
Except as expressly amended, this Act does not displace State law concerning title, secured transactions, trusts, estates, bailment, conversion, trespass to chattels, warranty, unconscionability, fraud, or remedies.
(d) TRIBAL SOVEREIGNTY.
Nothing in this Act waives Tribal sovereign immunity or diminishes treaty rights, jurisdiction, or authority. The Commission shall consult with Tribal governments and may enter enforcement and technical-assistance agreements consistent with Tribal law.
(e) STATE AND TRIBAL ENFORCEMENT.
State and Tribal public enforcers may enforce this Act as provided in section 1403 without surrendering independent authority.
SEC. 110. SEVERABILITY OF PROTECTED INTERESTS.
If a provision, application, remedy, enforcement mechanism, or funding condition of this Act is held invalid, the remainder and every other application shall not be affected. If a court holds that a particular remedy is unavailable to a particular plaintiff or against a particular defendant, the underlying duty and every other lawful remedy remain in force.