A quiet struggle is unfolding in Congress, with some lawmakers pushing for the U.S. military to have ownership of the information needed to maintain its equipment—potentially saving taxpayers billions.
Rep. Pat Harrigan, a Republican from North Carolina, and Rep. Maggie Goodlander, a Democrat from New Hampshire, are advocating for this change amid resistance from figures like Republican House Armed Services Committee Chairman Mike Rogers. A report indicated that not securing repair rights could cost U.S. taxpayers “tens of billions” annually.
Currently, some defense contractors are withholding essential performance data on the equipment bought with taxpayer dollars, which leads to rising costs and maintenance delays.
“When you’re reliant on contractors who control crucial data, you end up with unnecessary steps in the repair process,” said William Hartung, a senior fellow at the Quincy Institute for Responsible Statecraft. “These contractors can set high prices for repairs.”
This amendment made its way into the NDAA via a voice vote but still requires passage through both the House and Senate, plus a presidential signature, before it can take effect.
Interestingly, a similar provision was part of the 2026 NDAA but was removed due to defense industry pushback, as reported by Federal News Network.
The Army has been vocal about wanting a “right to repair” policy to cut down on delays and costs, according to Army spokeswoman Ellen Lovett. She mentioned that the Army is working on identifying rights to address restrictions in current contracts and establishing ways to track intellectual property.
John Phelan, a former Navy Secretary, highlighted the issue during a Senate Armed Services Committee session, providing an example of sailors waiting for contractors to fix an oven aboard an aircraft carrier. “Imagine needing repairs when you serve 15,300 meals a day,” he pointed out.
Goodlander expressed that service members have been held back by a flawed repair system, which threatens readiness and costs taxpayers considerably. Every service chief who testified has supported their efforts to make sure military personnel can repair their own equipment.
Yet, Rogers raised concerns that the amendment might discourage defense contractors, potentially limiting access to advanced technologies. He argued that it forces companies to choose between protecting their intellectual property and collaborating with the Department of Defense.
Furthermore, Shelby S. Oakley from the Government Accountability Office noted that issues related to data rights could lead to increased maintenance costs and dependency on a single supplier for repairs.
The debate reveals significant challenges, particularly in terms of repair costs on platforms like the F-35. Hartung pointed out that many aircraft remain unavailable due to delays in repairs, which could be minimized with the right to repair.
The Pentagon has invested billions into the F-35 program without seeing desired results in combat readiness. Moreover, issues have also arisen with the Stryker armored fighting vehicle, which faced limitations in repair rights, compelling the military to rely on contractors like General Dynamics Land Systems.
Overall, the NDAA serves as a framework for defense policy without directly supplying funds. It does authorize significant investments for various military operations related to global threats.
As military tensions escalate worldwide, defense industry profits have surged, with spending reaching record levels recently.
Goodlander emphasized the need for this amendment, stating that service members should have adequate tools to repair the equipment essential for their operations. For too long, the military’s struggles with a cumbersome system have not only hindered readiness but also burdened taxpayers excessively.
If the military fails to obtain necessary system data, it risks becoming overly reliant on specific defense contractors.
“In many scenarios, the data involved should not be proprietary since it was developed under government contracts,” Hartung stated, highlighting an imbalance that currently favors contractors. The changes proposed could help rectify that situation.
