Pentagon’s Right-to-Repair Provision Dropped from Defense Bill, Sparking Bipartisan Outrage

A bipartisan provision that would have guaranteed the military’s right to repair its own equipment was eliminated from the final National Defense Authorization Act (NDAA), prompting immediate criticism from its authors, Senators Elizabeth Warren (D-MA) and Tim Sheehy (R-MT).

Both lawmakers accused Congress of prioritizing defense contractors over service members by removing language that would have required contractors to provide the Pentagon with technical data needed for in-house repairs, rather than relying on manufacturer technicians at additional cost.

“For decades, the Pentagon has relied on a broken acquisition system that is routinely defended by career bureaucrats and corporate interests,” Warren and Sheehy said in a joint statement following the release of the legislation. “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 reform had gained significant momentum before being dropped, with both chambers of Congress having passed versions of the provision. The White House had also publicly supported the measure, as did War Secretary Pete Hegseth, who issued new acquisition guidance in November instructing the military to plan for “organic depot-level maintenance and repair” in major systems.

The Government Accountability Office (GAO) has repeatedly warned that the Pentagon’s lack of access to technical data is one of the primary drivers of escalating sustainment costs. The agency estimates that broader repair rights could save the department “billions” of dollars over the life cycles of major weapons systems.

GAO reviews of aircraft, ships, and ground vehicles have consistently found that when contractors retain exclusive control over repair information, the military is forced into long-term vendor support arrangements that are substantially more expensive than in-house maintenance.

“This is a textbook case of the swamp prevailing at the expense of our warfighters and government efficiency,” said one source familiar with the NDAA negotiations, claiming that lobbyists had persuaded leaders on the House and Senate Armed Services Committees to drop the more aggressive right-to-repair language behind closed doors.

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 argue this language lacks any enforcement mechanism and leaves manufacturers free to refuse, preserving the contractor-controlled repair model.

The Aerospace Industries Association defended its opposition to the original provision. “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 spokesperson Marta Hernandez. “Our concern with the Senate proposal is its sweeping mandate for government takeover of IP — without regard to necessity or cost.”

Military officials and watchdogs counter that while commanders can authorize emergency fixes, that authority is meaningless without the technical data, software access, and parts needed to perform repairs. They argue that crews remain dependent on contractors even when they have the skills to fix equipment themselves.

The F-35 fighter jet program illustrates the problem clearly. The GAO has found that the Pentagon still lacks key technical data needed for many F-35 repairs, forcing reliance on Lockheed Martin and its subcontractors for everything from software maintenance to component overhauls. This dependence has pushed sustainment costs so high that the Pentagon warns it cannot afford to operate the planned fleet without major changes.

Real-world examples highlight the operational impact of repair restrictions. During an exercise in Korea, a mechanic was prohibited from maintaining a generator because the warranty would be voided. Marines stationed in Japan have had to ship engines back to U.S.-based contractors for repairs, leaving the equipment offline for months.

Even basic shipboard systems are affected. Navy Secretary John Phelan told lawmakers that during a visit to the USS Gerald R. Ford, six of the ship’s eight ovens were broken. Sailors reported they knew how to fix them but weren’t allowed to, forcing them to wait for contractors instead.

A spokesperson for the House Armed Services Committee defended the final bill, stating: “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.”

Senators 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.