ICYMI: At Hearing, Top Military Leaders From Every Branch Commit To Sharing More On How Contractor-Imposed Limits Hurt Readiness

ICYMI: At Hearing, Top Military Leaders From Every Branch Commit To Sharing More On How Contractor-Imposed Limits Hurt Readiness

Right to repair has strong bipartisan support within the Trump administration, Senate, and House

Video of Exchange (YouTube)

Washington, D.C. - At a hearing of the Senate Armed Services Subcommittee on Readiness and Management Support, U.S. Senator Elizabeth Warren (D-Mass.) debunked large defense contractor claims that right to repair would infringe on trade secrets and secured commitments from military leaders from all services on providing Congress with data to identify programs lacking technical data needed for repairs by the end of the month. The military leaders also agreed to meet with the Senator to discuss overdue reforms.

In December, both the Senate and the House released versions of the FY26 National Defense Authorization Act (NDAA) that included language allowing the Department of Defense the right to repair its own equipment. This was based on Senator Warren and Senator Tim Sheehy's (R-Mont.) Warrior Right to Repair Act, legislation that would provide the Department of Defense (DoD) with access to technical data and materials the military needs to repair and maintain its own equipment, decreasing sustainment costs and increasing industrial base competition.

Despite bipartisan support for right to repair in both chambers, the final FY26 NDAA bill did not include any of the proposed language. Large defense contractors strongly oppose right to repair, claiming that the disclosure of their IP, which is used to inform service members on how to make repairs or make a replacement part, would deter companies from doing business with the Department. However, the Government Accountability Office found, in a 2018 review of reverse engineering efforts that require IP, no instances of companies expressing concern about their intellectual property being used inappropriately, and that the efforts brought new companies into the defense industrial base.

"Giant defense contractors want to keep our military reliant solely on them. So, their lobbyists are pretending to be worried that DOD is going to steal their trade secrets and hand them over to their competitors. We have heard this song before," said Senator Warren.

Assistant Commandant of the Marine Corps, General Bradford J. Gering, confirmed that the Government Accountability Office (GAO) found no instances of companies reporting concerns about Defense Logistics Agency (DLA) mishandling intellectual property (IP) during reverse engineering.

The FY26 NDAA bill requires the DoD to collect data on the issue and report to the Armed Services Committees. Specifically, it requires the Secretary of Defense to implement a digital system to track, manage, and enable assessment of technical data required to repair a major weapon system and to verify the compliance of contractors with contract requirements related to technical data. The provision also requires the Department to identify programs where there is insufficient data available.

Senator Warren asked each military branch leader to confirm they would identify programs where there is insufficient data available and provide the required data by the end of the month as mandated by last year's NDAA. All leaders agreed.

Senator Warren concluded the hearing by highlighting the broad bipartisan support for the right to repair, including from the Senate, House, and the Trump administration.

"We are in a place where the Senate, the House, and the Trump administration all support this effort. We cannot allow large defense contractors and their lobbyists to stand in the way," said Senator Warren.

Transcript: Hearings to examine the current readiness of the Joint Force.
Senate Armed Services Subcommittee on Readiness and Management Support
March 4, 2026

Senator Elizabeth Warren: Thank you, Mr. Chairman, and thank you for holding this hearing. So, the military spends hundreds of billions of dollars on equipment, which makes it really galling when that equipment needs maintenance, and our service members are ready to make a quick fix, but they're not allowed to. Right to Repair will strengthen readiness by making sure that procurement contracts don't hold back our troops. Plus, it will help increase competition to grow our industrial base.

Giant defense contractors, however, want to keep our military reliant solely on them. So, their lobbyists are pretending to be worried that DOD is going to steal their trade secrets and hand them over to their competitors. We have heard this song before. The Defense Logistics Agency had a reverse engineering program for over a decade, and this was to help DOD save time and money on things like screws, door hinges, antennas, and batteries. But similar concerns were raised over IP protections. So, the Senate had the Government Accountability Office review this program back in 2018.

General Gering, how many instances did GAO find of companies being concerned about DLA mishandling their IP for reverse engineering? What was the number?

General Bradford J. Gering: Senator, my understanding is there were none.

Senator Warren: Zero. That was the number, right?

General Gehring: Yes, Senator.

Senator Warren: Zero. That's exactly right. None of the businesses that GAO talked to about reverse engineering programs reported any concerns about the handling of IP, and that's because DLA has processes in place to protect intellectual property, which meant that GAO found DLA quote, "Never released a part that had controlled data to a competitor." Even the large defense associations lobbying against right to repair today told the GAO back then that they had heard, quote, "no complaints." The other argument we hear from lobbyists is that companies won't want to do business with DOD if it so much as mentions buying contractors' IP. So again, we actually have an example of this. Let's look at what happened with DLA's reverse engineering program.

General Gering, did DOD's handling of IP scare businesses away from doing business with the military?

General Gering: Senator, not that I'm aware of.

Senator Warren: Okay, in fact, again, the whole point of the program was, quote, "to identify potential new sources for obsolete parts or those supplied by only one source, increasing competition and achieving savings." Now that may be the problem that the defense industry lobbyists have, and that is, there's more competition and lower prices, but we like to think that is a good thing. Reverse engineering is helping DOD fill gaps in spare parts, and right to repair would build on that success in the larger maintenance space.

Don't take it from me. Just last year, 339 small businesses sent a letter stating that right to repair could bring cost-effective solutions, accelerated timelines, and a larger sustainment ecosystem with more small business participation.

Now, last year's NDAA required by law that DOD identify programs where there is insufficient technical data for service members to make repairs.

So, what I'd like to do is I'd just like to go down the line here and make sure that each of the services-I just want to ask you the question, will you provide this committee with the required data, required by law, by the end of this month, and then sit down with my team on this? I'm just looking for a yes or no. General?

General Christopher C. LaNeve: Ma'am, thank you for the question. I think our data goes to [Office of the Secretary of War], and they're required to provide that data, but we absolutely are going to make the timeline.

Senator Warren: You will have it in by the end of the month?

General Christopher C. LaNeve: Yes, ma'am.

Senator Warren: That's what I want to hear. Admiral?

Admiral James W. Kilby: We will, ma'am.

Senator Warren: Good. I like that. General?

General Gering: Senator, we will.

Senator Warren: Good. General?

General John D. Lamontagne: Senator, we will.

Senator Warren: Good. General?

General Shawn N. Bratton: Senator, yes, ma'am. We will.

Senator Warren: Good. Miss?

Ms. Diana C. Maurer: Well, Senator, I'm a GAO representative, and thank you for giving a call-out to our 2018 report.

Senator Warren: You bet. It's a terrific report.

Ms. Diana C. Maurer: Thank you very much. We had another report that came out just a few months ago that talked about the concerns with vendor lock because of this issue that you've highlighted. We found significant problems with that issue in the F-35 littoral combat ship striker, the Virginia-class submarine, among others, and we look forward to having the Department fully implement our recommendations from that review.

Senator Warren: Thank you. You know, right to repair is such a common-sense proposal, and it not only helps our military be able to get things fixed and back into service, it lowers cost, and it also increases competition and increases the opportunities for other businesses, for smaller businesses, to get in and have an opportunity to be part of our base. And ultimately, that strengthens the supply chain for all of us.

So right now, we are in a place where the Senate, the House, and the Trump administration all support this effort. We cannot allow large defense contractors and their lobbyists to stand in the way. I look forward to working with my colleagues and with all of you in getting this done. Thank you very much. Thank you, Mr. Chairman.

Senator Dan Sullivan: Thank you, Senator Warren. We don't agree on everything in this committee, but I commend her very much for her leadership on this issue that has a lot of broad bipartisan support. I think we need to do it. Thank you.

Senator Rick Scott: I also want to thank Senator Warren for this right to repair issue. It is the right thing to do, and it wouldn't be happening but for her tenacity.

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