Defense legislation proposed for 2026 includes provisions enabling consumers to repair their own products, advocated by Congress.
The House and Senate versions of the annual defense policy bills include provisions aimed at ensuring the military has the necessary repair capabilities while respecting contractors' intellectual property rights.
The House version, titled Data-as-a-Service Solutions for Weapon System Contracts, requires the Defense Department to negotiate access to technical data and software before signing a contract. This provision is designed to enable service members to fix their own equipment in the field, reducing dependence on contractors whose repair restrictions and delays can threaten mission success and safety.
The right-to-repair provision in Defense Department contracts balances military readiness and companies' intellectual property protection. It mandates contractors to provide the military with "fair and reasonable access" to technical data, software, tools, and materials necessary for repair, while still recognizing contractors' IP rights.
Key elements of this balance include military readiness. Access to repair manuals, parts, and tools is essential for timely maintenance, especially during deployment or combat scenarios. Intellectual property protection is also crucial, as contractors maintain ownership and control of their proprietary information.
The Senate version of the bill requires contractors to provide detailed instructions for repair and maintenance. The Warrior Right to Repair Act and related provisions propose changes to future Defense contracts and modifications to existing ones to remove repair restrictions, ensuring consistent implementation across all services.
Rep. Mike Rogers (R-Ala.) urged senior defense officials to participate in the process of the National Defense Authorization Act, which addresses the right-to-repair issue. The Defense Department cannot require a commercial vendor to provide access to technical data in a way that differs from what they typically offer, unless it's been specifically negotiated.
The Army is working to develop a strategy to address repair access problems in existing and new contracts. Defense Secretary Pete Hegseth directed the Army secretary to identify and propose contract modifications for right-to-repair provisions on April 30.
The contractor would have to provide the defense secretary with the rights to diagnose, maintain, and repair the equipment, with payment withheld until delivery. The data the Pentagon would have to negotiate access to includes detailed manufacturing or process data, digital networks and models, software-related information, and operational and training information.
Both the House and Senate have included provisions in their versions of the 2026 defense policy bills to address the right-to-repair issue. Michael Duffey, the under secretary of defense for acquisition and sustainment, expressed support for the data-as-a-service proposal from the [Streamlining Procurement for Effective Execution and Delivery] Act.
Defense officials are considering which systems are most critical to warfighters and how dependent they are on contractors for repairs. Duffey acknowledged the complexity of finding a solution that allows access to necessary data for repair and sustainment without violating intellectual property protections.
The Defense secretary may not enter into a contract without requiring the contractor to deliver Instructions for Continued Operational Readiness upon equipment delivery. The House and Senate must reconcile their separate versions before passing the annual legislation. The Army is also surveying the force and fleet to understand where right-to-repair issues have arisen.
In summary, the right-to-repair provisions aim for a pragmatic compromise: they give the military necessary repair capabilities to ensure readiness while still respecting contractors’ intellectual property, avoiding a wholesale loss of company rights but preventing excessive restrictions that hinder military operations. This is achieved through mandated access terms that are intended to be “fair and reasonable,” rather than unrestricted IP sharing.
- The federal workforce is being reimagined in the defense sector, with provisions in the annual defense policy bills pushing for a more self-sufficient military workforce that can repair equipment in the field, leveraging technology and access to technical data and software from contractors.
- To advance this goal, the Defense Department is considering the implementation of right-to-repair provisions across the federal workforce, which would allow service members access to repair manuals, parts, and tools, while still recognizing contractors' intellectual property rights and the importance of maintaining control over proprietary information.
