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The final legislation governing Pentagon spending dropped a bipartisan provision that would have guaranteed the military the right to repair its own equipment, prompting immediate criticism from its authors, Sens. Elizabeth Warren, D-MA, and Tim Sheehy, R-MT, who accused Congress of siding with defense contractors over service members.
Both chambers had passed versions of the reform, and the White House publicly supported the measure, which would have required contractors to provide the Pentagon with the technical data needed to perform repairs in-house — rather than flying out manufacturer technicians at added cost. The final National Defense Authorization Act (NDAA) omits that mandate, a move Warren and Sheehy say will leave troops facing the same barriers to fixing equipment whenever contractors assert proprietary rights.
"For decades, the Pentagon has relied on a broken acquisition system that is routinely defended by career bureaucrats and corporate interests. Military right to repair reforms are supported by the Trump White House, the Secretary of War, the Secretary of the Army, the Secretary of the Navy, entrepreneurs, small businesses, and our brave servicemembers," Warren and Sheehy said after the text of the legislation was released. "The only ones against this common-sense reform are those taking advantage of a broken status quo at the expense of our warfighters and taxpayers."
The Government Accountability Office (GAO) repeatedly has warned that the Pentagon’s lack of access to technical data is one of the biggest drivers of soaring sustainment costs, estimating that broader repair rights could save the department "billions" of dollars over the life cycles of major weapons systems.
Lawmakers voiced criticism after the National Defense Authorization Act left out provisions allowing soldiers to repair their own equipment. (Paul Bersebach/MediaNews Group/Orange County Register via Getty Images)
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GAO reviews of aircraft, ships and ground vehicles have found that when contractors retain exclusive control over repair information, the military is forced into long-term vendor support arrangements that are far more expensive than in-house maintenance. In several cases, GAO concluded that obtaining necessary data earlier in the acquisition process would have given the Pentagon more flexibility, reduced downtime, and lowered costs for everything from software fixes to depot-level repairs.
Sources familiar with the NDAA negotiations claimed that, behind closed doors, lobbyists had persuaded leaders on the House and Senate Armed Services Committee to drop the more aggressive right to repair language.
"This is a textbook case of the swamp prevailing at the expense of our warfighters and government efficiency," one source said. "Does (War Secretary Pete) Hegseth realize that Boeing just knocked the legs out from our warriors?"
A spokesperson for the House Armed Services Committee said: "The Committee is committed to addressing the right to repair issue in a manner that ensures our warfighters have the data they need to effectuate repairs while preserving the intellectual property of private industry."
"The FY26 NDAA requires the Department to audit its contracts to determine where they are missing data rights they need and determine whether any missing data rights is the result of a defective law or a defective contract. If the law is defective, the department needs to make recommendations to Congress on how to fix it."
Watchdogs also questioned the weaker compromise.
"The provisions are nowhere near strong enough," said Greg Williams of the Project on Government Oversight. "They help catalog the problem, but they don’t really do anything to solve it." Williams added that the original proposals "acknowledged the cost and committed to paying fair, reasonable prices to vendors for that intellectual property," countering industry arguments that the bill would have seized or devalued contractors’ data.
Industry groups defended their opposition.
"This debate is not about ensuring equipment and technology can be repaired in contested environments; commanders already have broad authority to keep mission-critical systems operational," said Marta Hernandez, spokesperson for the Aerospace Industries Association. "Our concern with the Senate proposal is its sweeping mandate for government takeover of IP — without regard to necessity or cost. ‘One size fits all’ doesn’t work for our troops or for the industry that equips them."
But military officials and watchdogs say that while commanders can authorize emergency fixes, that authority does not give units the technical data, software access, or parts needed to actually perform repairs. They argue that crews remain dependent on contractors even when they have the skills to fix the equipment themselves.
Instead of requiring contractors to provide repair data, the final NDAA directs the Pentagon to create a database cataloging what technical information it currently has and to "request options" from contractors when data is missing. Critics say the language has no enforcement mechanism and leaves manufacturers free to refuse, preserving the contractor-controlled repair model the reform sought to change.
GAO reviews of aircraft, ships, and ground vehicles have found that when contractors retain exclusive control over repair information, the military is forced into long-term vendor support arrangements that are far more expensive than in-house maintenance. (Photo by Armin Weigel/picture alliance via Getty Images)
The Trump administration had backed the reform, with Statements of Administration Policy supporting both the House and Senate versions earlier in the fall. Service secretaries also endorsed the effort, and War Secretary Pete Hegseth issued new acquisition guidance in November instructing the military to plan for "organic depot-level maintenance and repair" in major systems.
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In May 2025, Army Secretary Daniel Driscoll publicly pledged that the Army would ensure right-to-repair provisions were included in future Army contracts — aligning the service with the broader congressional push for greater access to technical data. But advocates said a service-by-service approach wasn’t enough and pushed to codify and expand right to repair across all branches to prevent contractors from controlling critical maintenance information.
The F-35 program offers one of the clearest examples of how restricted repair rights drive up costs.
GAO has found that the Pentagon still lacks key technical data needed to perform many F-35 repairs organically, forcing the services to rely on Lockheed Martin and its subcontractors for everything from software maintenance to component overhauls. That dependence has helped push sustainment costs so high that the Pentagon warns it cannot afford to operate the planned fleet without major changes.
GAO reported that greater access to repair data could save the department billions over the jet’s projected life cycle, reduce turnaround times for broken parts, and allow military depots to take on work that is currently outsourced back to the contractor.
The F-35 program offers one of the clearest examples of how restricted repair rights drive up costs. (Samuel King Jr./U.S. Air Force)
The consequences of contractor restrictions are already visible across the force. A mechanic deployed for an exercise in Korea "was prohibited from conducting maintenance on a generator because the warranty would be voided," leaving the unit with the choice of voiding the warranty or losing equipment needed for training, according to a comment filed on Regulations.gov.
Marines stationed in Japan were forced to "pack() up and ship() back (engines) to contractors in the (U.S.) for repairs," leaving the engines offline for months, former Marine Corps logistics officer Elle Ekman wrote in The New York Times.
Even basic shipboard systems have been affected. Navy Secretary John Phelan told lawmakers that during a visit to the USS Gerald R. Ford, six of the ship’s eight ovens — responsible for preparing more than 15,000 meals a day — were broken. Sailors said they knew how to fix the ovens but were not allowed to and had to wait for contractors instead, according to a War Department readout. When shipboard elevators stopped working, the crew similarly had to call in the manufacturer.
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Advocates say these examples illustrate why Congress sought to codify military right to repair in the first place — and why they argue the issue is far from resolved. Warren and Sheehy have already vowed to push another legislative fix next year, while watchdog groups say they will press the Pentagon to use its existing authority to demand greater data access in new contracts.
