NDAA has military right to repair stripped from it in favor of data as a service

2026-05-20T12:23:49Z

151.240.57.233: /* Timeline */

{{OngoingEvent}}The '''National Defense Authorization Act''', or '''NDAA''', is an annual bill that outlines the budget for the U.S. Department of Defense for the following fiscal year. Often, legislators add "rider" provisions or amendments to the NDAA unrelated to the defense budget in order to pass favorable legislation (including controversial legislation) that may not stand on its own.

The NDAA for fiscal year 2026 initially contained bipartisan [[right to repair]] language that has recently been removed by House representatives and replaced with language pertaining to "data-as-a-service". In this context, '''"Data-as-a-service"''' refers to contract models where the data, software access, and permissions required for repair are provided on a subscription or pay-per-use basis, as opposed to being included with purchase of the product, or provided freely on customer request as is the expectation when right-to-repair language is used.

Data-as-a-service provisions have been seen in Representatives' Mike Rogers and Adam Smith's SPEED Act<ref name="speed">{{Cite web |date=June 9, 2025 |title=Streamlining Procurement for Effective Execution and Delivery Act of 2025 (SPEED Act) |url=https://armedservices.house.gov/uploadedfiles/speed_act_full_text.pdf |access-date=November 20, 2025 |website=House Armed Services Committee |archive-url=http://web.archive.org/web/20260124210149/https://armedservices.house.gov/uploadedfiles/speed_act_full_text.pdf |archive-date=24 Jan 2026}}</ref>, and its inclusion to the NDAA has been pushed by representatives whose campaigns have received major financial support from large contractors with the Pentagon.

==Legislative outlook==

===Representatives supporting the change===
Commentators have noted<ref name="rossmann">{{Cite web |last=Rossmann |first=Louis|title=Defense contractors just killed military right to repair - here's the $535,000 reason why |url=https://www.youtube.com/watch?v=C0LmjzXV7IA |access-date=November 20, 2025 |website=YouTube |archive-url=https://preservetube.com/watch?v=C0LmjzXV7IA |archive-date=23 Feb 2026}}</ref> that the primary representatives pushing for language changes from right to repair to data-as-a-service have had their campaigns heavily supported by defense contractors:
*Representative Mike Rogers has received over $535,000 from the defense industry, the top sector that donates to his campaigns<ref name="rogers">{{Cite web |date=February 6, 2025 |title=Rep. Mike D Rogers - Alabama District 03 |url=https://www.opensecrets.org/members-of-congress/mike-d-rogers/industries?cid=N00024759&cycle=2024 |access-date=November 20, 2025 |website=OpenSecrets |archive-url=http://web.archive.org/web/20251124015351/https://www.opensecrets.org/members-of-congress/mike-d-rogers/industries?cid=N00024759&cycle=2024 |archive-date=24 Nov 2025}}</ref>. He is a top recipient from the "Defense Electronics" industry, in particular. He has received $10,500 from Boeing and $66,650 from L3.<ref name="rogers" />
*Representative Adam Smith has received<ref name="smith-industries">{{Cite web |title=Rep. Adam Smith - Washington District 09 |url=https://www.opensecrets.org/members-of-congress/adam-smith/industries?cid=N00007833&cycle=2024 |access-date=November 20, 2025 |website=OpenSecrets |date=February 6, 2025 |archive-url=http://web.archive.org/web/20251127172451/https://www.opensecrets.org/members-of-congress/adam-smith/industries?cid=N00007833&cycle=2024 |archive-date=27 Nov 2025}}</ref> $310,550 from the defense industry, which is the second top sector that donates to his campaign. Palantir is Smith's #3 top contributor<ref name="smith-contributors">{{Cite web |title=Rep. Adam Smith - Washington District 09 |url=https://www.opensecrets.org/members-of-congress/adam-smith/contributors?cid=N00007833&cycle=2024 |access-date=November 20, 2025 |website=OpenSecrets |date=August 31, 2025 |archive-url=http://web.archive.org/web/20250328085220/https://www.opensecrets.org/members-of-congress/adam-smith/contributors?cid=N00007833&cycle=2024 |archive-date=28 Mar 2025}}</ref>.

===Stakeholders===
The right to repair policy was supported by the Trump administration<ref name="usatoday">{{Cite web |last=Winkie |first=Davis |date=2025-10-01 |title=US military may soon be allowed to repair its own vehicles and equipment |url=https://www.usatoday.com/story/news/politics/2025/10/01/pentagon-senate-provision-gains-trump-admin-support/86455785007/ |archive-url=http://web.archive.org/web/20251021192345/https://www.usatoday.com/story/news/politics/2025/10/01/pentagon-senate-provision-gains-trump-admin-support/86455785007/ |archive-date=21 Oct 2025 |access-date=20 Nov 2025 |website=USA Today}}</ref>, by Defense Secretary Pete Hegseth<ref name="usatoday" />, Army Secretary Dan Driscoll<ref name="warren-victory">{{Cite web |last=Warren |first=Elizabeth |title=Warren Statement on Army Right-to-Repair Victory |url=https://www.warren.senate.gov/newsroom/press-releases/warren-statement-on-army-right-to-repair-victory |access-date=November 20, 2025 |website=Office of U.S. Senator Elizabeth Warren |date=May 2025 |archive-url=http://web.archive.org/web/20251210115619/https://www.warren.senate.gov/newsroom/press-releases/warren-statement-on-army-right-to-repair-victory |archive-date=10 Dec 2025}}</ref>, and by Navy Secretary John Phelan<ref name="navy">{{Cite web |title=Navy Secretary Advocates for Sailors' 'Right to Repair' Equipment |url=https://www.defense.gov/News/News-Stories/Article/Article/4212472/navy-secretary-advocates-for-sailors-right-to-repair-equipment/ |access-date=November 20, 2025 |website=U.S. Department of Defense |archive-url=http://web.archive.org/web/20250723113102/https://www.defense.gov/News/News-Stories/Article/Article/4212472/navy-secretary-advocates-for-sailors-right-to-repair-equipment/ |archive-date=23 Jul 2025}}</ref>. In general, the larger defense contractors tend to strongly oppose military right to repair, while small- and medium-sized businesses who could compete for new repair contracts are more supportive of the military's right to repair.<ref name="rossmann" /><span id="what-does-data-as-a-service-do"></span>
==Public response==
Right to repair advocate Louis Rossmann commented on the relative effectiveness of the inclusion of data-as-a-service language in legislation as opposed to right to repair language<ref name="rossmann" />, making the following points:

==='''Data-as-a-service creates additional red tape'''===
Currently, the Department of Defense (DoD) can negotiate for access to rights long-term (though contractors still have the upper hand).{{Citation needed}} Adding data-as-a-service/pay-per-use would mean the DoD must seek permission from contractors each time a repair, tool, or information (data) is needed. This tends to cause more delay in contested logistics environments with service members receiving only one-time access to repair information. More specifically, the data-as-a-service model requires the DoD to contract to a company's data library on a pay-per-use model, increasing overall costs and discouraging both DoD and other contractor competitors from providing repair services.

===Similar response to other industries===
Rossmann compared the data-as-a-service model upon military equipment to discussions within the automotive industry, such as the controversial Memorandum of Understanding used by car manufacturers who oppose the right to repair.<ref name="ifixit">{{Cite web |date=September 5, 2023 |title=Car Companies Are Astroturfing Right to Repair |url=https://www.ifixit.com/News/80635/car-companies-are-astroturfing-right-to-repair |access-date=November 20, 2025 |website=iFixit |archive-url=http://web.archive.org/web/20251123192726/https://www.ifixit.com/News/80635/car-companies-are-astroturfing-right-to-repair |archive-date=23 Nov 2025}}</ref> Replacing right to repair in the NDAA with "data-as-a-service" gives the appearance of care and concern regarding repair restrictions. However, as with the automotive industry's Memorandum of Understanding, the results are the same - manufacturers block car owners and independent repairers from effectively repairing products and equipment.

Similarly, farm equipment company [[John Deere]] attempted to appease farmers with these tactics. Most recently was their release of a digital repair tool called Operations Center Pro Service,{{Citation needed}} a tool that requires internet access in rural areas including open fields where farm equipment may be located, and it also requires farmers to pay annual fees for access to repair data.<ref name="deere">{{Cite web |last=O'Reilly |first=Kevin |date=July 18, 2023 |title=Service Obstructor: John Deere software restricts farmer repair |url=https://pirg.org/edfund/resources/john-deere-repair-software/ |access-date=November 20, 2025 |website=U.S. PIRG Education Fund |archive-url=http://web.archive.org/web/20251126043400/https://pirg.org/edfund/resources/john-deere-repair-software/ |archive-date=26 Nov 2025}}</ref> Deere has tried this tactic before, releasing software it said fixed the problem but that meant farmers couldn't find or access the basic information they needed.<ref name="deere" />

Rossmann made the point that these repair "services" result in restrictions upon consumers and higher profit for the manufacturers, even in the case of Pentagon contractors at the expense of the U.S. military.

In this case, while the primes seem to pretend<ref name="hegseth">{{Cite web |last=Konkel |first=Frank |date=November 2025 |title=Draft list of attendees for Hegseth acquisition-reform speech shows wide industry interest |url=https://www.defenseone.com/business/2025/11/draft-list-attendees-hegseth-acquisition-reform-speech-shows-wide-industry-interest/409344/?oref=d1-homepage-river |access-date=November 20, 2025 |website=Defense One |archive-url=http://web.archive.org/web/20251205083655/https://www.defenseone.com/business/2025/11/draft-list-attendees-hegseth-acquisition-reform-speech-shows-wide-industry-interest/409344/?oref=d1-homepage-river |archive-date=5 Dec 2025}}</ref> to Secretary Hegseth that they care about this issue, their actions serve to undermine repairability.<span id="timeline"></span>
==Timeline==
*January 2025: Senator Warren receives commitment from Secretary of the Army, Dan Driscoll, to work with her on tackling repair restrictions for the military.<ref name="pirg-nominee">{{Cite web |last=Bowers |first=Isaac |date=January 30, 2025 |title=Military Right to Repair supported by Army Secretary Nominee |url=https://pirg.org/articles/army-secretary-nominee-supports-military-right-to-repair/ |access-date=November 20, 2025 |website=U.S. PIRG |archive-url=http://web.archive.org/web/20251122203621/https://pirg.org/articles/army-secretary-nominee-supports-military-right-to-repair/ |archive-date=22 Nov 2025}}</ref>
*May 2025: Secretary Driscoll announced that the U.S. Army will ensure right to repair provisions are included in future Army contracts.<ref name="pirg-army">{{Cite web |last=Proctor |first=Nathan |date=May 2, 2025 |title=The Army embraces Right to Repair: Why that matters and what comes next |url=https://pirg.org/resources/the-army-embraces-right-to-repair-why-that-matters-and-what-comes-next/ |access-date=November 20, 2025 |website=U.S. PIRG |archive-url=http://web.archive.org/web/20251123114951/https://pirg.org/resources/the-army-embraces-right-to-repair-why-that-matters-and-what-comes-next/ |archive-date=23 Nov 2025}}</ref>
*May 2025 - Poll shows Americans support military right to repair by a nearly 7-to-1 margin.<ref name="pirg-poll">{{Cite web |author=Isaac Bowers, Nathan Proctor, and Douglas H. Phelps |date=May 20, 2025 |title=Report: Americans support military Right to Repair by nearly a 7-to-1 margin |url=https://pirg.org/media-center/report-americans-support-military-right-to-repair-by-nearly-a-7-to-1-margin/ |access-date=November 20, 2025 |website=U.S. PIRG |archive-url=http://web.archive.org/web/20251129015333/https://pirg.org/media-center/report-americans-support-military-right-to-repair-by-nearly-a-7-to-1-margin/ |archive-date=29 Nov 2025}}</ref>
*July 2025: Senators Warren and Tim Sheehy (R-Mont.) introduced the Warrior Right to Repair Act of 2025 - legislation that would require contractors to provide the Department of Defense (DoD) with access to technical data and materials the military needs to repair and maintain its own equipment.<ref name="congress-bill">{{Cite web |author=Ms. Warren and Mr. Sheehy |date=July 8, 2025 |title=S.2209 - Warrior Right to Repair Act of 2025 |url=https://www.congress.gov/bill/119th-congress/senate-bill/2209/text |access-date=November 20, 2025 |website=Congress.gov - Library of Congress |archive-url=http://web.archive.org/web/20260115113036/https://www.congress.gov/bill/119th-congress/senate-bill/2209/text |archive-date=15 Jan 2026}}</ref>
*July 2025: A provision was secured with bipartisan support in the Senate Armed Services Committee for Fiscal Year 2026 NDAA.<ref name="warren-sheehy">{{Cite web |date=July 8, 2025 |title=Warren, Sheehy Introduce Bipartisan Bill to Guarantee Military Right to Repair Its Equipment |url=https://www.warren.senate.gov/newsroom/press-releases/warren-sheehy-introduce-bipartisan-bill-to-guarantee-military-right-to-repair-its-equipment |access-date=November 20, 2025 |website=U.S. Senator Elizabeth Warren |archive-url=http://web.archive.org/web/20260217104559/https://www.warren.senate.gov/newsroom/press-releases/warren-sheehy-introduce-bipartisan-bill-to-guarantee-military-right-to-repair-its-equipment |archive-date=17 Feb 2026}}</ref> It includes portions of Senator Warren's bipartisan Warrior Right to Repair Act, and it guarantees all branches of the military the right to repair their equipment and requires contractors to provide all relevant repair information.<ref name="warren-sheehy" />
*July 2025 - Intellectual property legal experts send a letter to Congress stating that the ''Warrior Right to Repair Act'' is consistent with long-held law and it "presents no conflict with manufacturers' IP rights."<ref name="professors">{{Cite web |date=July 2025 |title=Law professors express support for Warrior Right to Repair Act |url=https://pirg.org/wp-content/uploads/2025/07/Professors-military-repair-letter-final-2.pdf |access-date=November 20, 2025 |website=U.S. PIRG |archive-url=http://web.archive.org/web/20251130092724/https://pirg.org/wp-content/uploads/2025/07/Professors-military-repair-letter-final-2.pdf |archive-date=30 Nov 2025}}</ref>
*September 2025: The White House announced support for Warren-Sheehy military right to repair policy.<ref name="usatoday" />
*September 2025 - National Defense Industrial Association (NDIA) issues white paper opposing military right to repair and advocating for "data as a service."<ref name="ndia">{{Cite web |date=September 2025 |title=IP and Data Rights: Protecting DoD's Access to Innovation |url=https://www.ndia.org/-/media/sites/ndia/policy/ip-and-data-rights/ip-and-data-rights-white-paper.pdf?download=1 |access-date=November 20, 2025 |website=National Defense Industrial Association |archive-url=http://web.archive.org/web/20260208171408/https://www.ndia.org/-/media/sites/ndia/policy/ip-and-data-rights/ip-and-data-rights-white-paper.pdf?download=1 |archive-date=8 Feb 2026}}</ref>

*October 2025: NDAA, which includes the Warren-Sheehy provision, passed the U.S. Senate.{{Citation needed}}
*October 2025 - 339 small businesses sent a letter urging passage of military right to repair. "This is about ensuring the government can maintain and repair what it already owns. It's about making sure the Department of Defense has access to every capable partner in the country to keep our military mission-ready."<ref name="sema">{{Cite web |date=October 21, 2025 |title=339 Small Businesses Urges Passage of Right to Repair Bill for U.S. Military |url=https://www.sema.org/news-media/press-release/339-small-businesses-urges-passage-right-repair-bill-us-military |access-date=November 20, 2025 |website=Specialty Equipment Market Association |archive-url=http://web.archive.org/web/20251206181250/https://www.sema.org/news-media/press-release/339-small-businesses-urges-passage-right-repair-bill-us-military |archive-date=6 Dec 2025}}</ref>
*October 2025 - Trump administration issues statements of administration policy on the House and Senate NDAA supporting military right to repair.<ref name="sap-house">{{Cite web |date=September 8, 2025 |title=Statement of Administration Policy: H.R. 3838 – Streamlining Procurement for Effective Execution and Delivery and National Defense Authorization Act for Fiscal Year 2026 |url=https://www.whitehouse.gov/wp-content/uploads/2025/09/SAP-HR3838-House-NDAA.pdf |access-date=November 20, 2025 |website=The White House |archive-url=http://web.archive.org/web/20260117065209/https://www.whitehouse.gov/wp-content/uploads/2025/09/SAP-HR3838-House-NDAA.pdf |archive-date=17 Jan 2026}}</ref><ref name="sap-senate">{{Cite web |date=September 9, 2025 |title=Statement of Administration Policy: S. 2296 – National Defense Authorization Act for Fiscal Year 2026 |url=https://www.whitehouse.gov/wp-content/uploads/2025/09/SAP-S2296-Senate-NDAA-9.9.25.pdf |access-date=November 20, 2025 |website=The White House |archive-url=http://web.archive.org/web/20260219122812/https://www.whitehouse.gov/wp-content/uploads/2025/09/SAP-S2296-Senate-NDAA-9.9.25.pdf |archive-date=19 Feb 2026}}</ref>
*October 2025 - Former Trump DoD undersecretary of defense for personnel and readiness, and VA Secretary Robert Wilkie endorse military right to repair<ref name="wilkie">{{Cite web |title=Our troops deserve the right to repair |url=https://thehill.com/opinion/national-security/5551775-defense-contractor-logistics-reform/ |access-date=November 20, 2025 |website=The Hill |author=Robert Wilkie |date=November 19, 2025 |archive-url=http://web.archive.org/web/20251127142915/https://thehill.com/opinion/national-security/5551775-defense-contractor-logistics-reform/ |archive-date=27 Nov 2025}}</ref>.
*'''Now: The House and Senate versions of the FY26 NDAA go to conference.'''
*November 2025 - With Honor sends letter urging military right to repair be included in the final NDAA.<ref name="withhonor">{{Cite web |last=Barcott |first=Rye |title=With Honor Action Urges Inclusion of Key Reforms in Final FY26 Defense Bill |url=https://withhonor.org/news/with-honor-action-urges-inclusion-of-key-reforms-in-final-fy26-defense-bill/ |access-date=November 20, 2025 |website=With Honor Action |archive-url=http://web.archive.org/web/20251231202116/https://withhonor.org/news/with-honor-action-urges-inclusion-of-key-reforms-in-final-fy26-defense-bill/ |archive-date=31 Dec 2025}}</ref>
*November 2025 - taxpayer and watchdog groups send letter urging support for military right to repair in final NDAA.<ref name="ntu">{{Cite web |date=November 5, 2025 |title=Joint Letter: NDAA Conference Recommendations |url=https://www.ntu.org/publications/detail/joint-letter-ndaa-conference-recommendations |access-date=November 20, 2025 |website=National Taxpayers Union |archive-url=http://web.archive.org/web/20251211024136/https://www.ntu.org/publications/detail/joint-letter-ndaa-conference-recommendations |archive-date=11 Dec 2025}}</ref>
*November 2025 - President and CEO of Aerospace Industries Association, Eric Fanning, publishes an op-ed in ''Washing Times'' opposing military right to repair.<ref name="fanning">{{Cite web |author=Eric Fanning |date=November 13, 2025 |title=Congress' 'right to repair' provisions threatens the backbone of U.S. defense innovation |url=https://www.washingtontimes.com/news/2025/nov/13/congress-right-repair-provisions-threatens-backbone-us-defense/ |access-date=November 20, 2025 |website=Washington Times |archive-url=http://web.archive.org/web/20260118224833/https://www.washingtontimes.com/news/2025/nov/13/congress-right-repair-provisions-threatens-backbone-us-defense/ |archive-date=18 Jan 2026}}</ref>
*November 2025 - Secretary Hegseth announces new DoD acquisition policy including that "''The Department must plan for and acquire systems with the ability to conduct organic depot-level maintenance, repair, and overhaul of systems and sub-systems to ensure military readiness for any conflict."''{{Citation needed}}
*May 2026 - John Deere, Garmin, and Philips reported lobbying against the NDAA. As reported by the VERGE in the second half of 2025 these companies reported to have spent over 1.7 million in lobbying efforts <ref>{{Cite web |last=Roth |first=Emma |date=2026-02-26 |title=John Deere, Garmin, and Philips may have undermined military right to repair |url=https://www.theverge.com/policy/899471/military-right-to-repair-john-deere-philips-garmin |url-status=live |publisher=The Verge}}</ref> <ref>{{Cite web |title=Lobby Report Garmin |url=https://lda.gov/filings/public/filing/bb2d8a99-8dde-4fd9-931c-dfa981c35cdc/print |website=senate.gov}}</ref>

==References==
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Consumer Rights Wiki - User contributions [en]

NDAA has military right to repair stripped from it in favor of data as a service