‘Right to repair’ provisions threaten the backbone of U.S. defense innovation

OPINION:

America’s military advantage depends on cutting-edge technology and a strong, resilient industrial base, but Congress is considering “right to repair” provisions in the annual defense policy bill, the National Defense Authorization Act, that could put both at risk.

On paper, these provisions sound reasonable: Give the Pentagon and third parties broad access to contractors’ proprietary intellectual property to fix and maintain equipment. This approach won’t solve our readiness problems, and it could cripple the very innovation on which our warfighters rely.

Let’s be clear: The Pentagon already has the power to negotiate for the intellectual property it needs, contract by contract. If Congress forces contractors to hand over their intellectual property, it sends a chilling message to innovators and investors: Your hard-earned breakthroughs aren’t safe.

Why would the best and brightest risk investing in new defense technologies if their proprietary data can be handed off to competitors or third parties?

This isn’t just a problem for big primes. Small and midsize companies, an integral part of a diverse and robust industrial base, would be hit hardest. They rely on intellectual property protections to justify the high costs of developing advanced technologies. Commercial entities face similar risks because broad “right to repair” mandates could expose proprietary technologies and erode their competitiveness in commercial markets around the world.

Even worse, with defense budgets already stretched thin, these proposals would increase costs for the government. Forcing the Pentagon to buy intellectual property on every contract, whether it actually needs it or not, means the department could end up paying for intellectual property it never uses. It’s a recipe for waste, higher bills and less money for the modernization our military really needs.

In short, mandating broad intellectual property access will drive up costs, slow modernization and make it harder for the Pentagon to attract the next generation of tech leaders. We will end up with fewer new ideas, more reliance on aging equipment and a smaller, less dynamic industrial base.

Instead of these well-intentioned but misguided proposals, Congress and the Pentagon should focus on the real obstacles to readiness: chronic workforce shortages, underfunded sustainment planning, outdated infrastructure, and supply chain challenges, rather than a lack of technical data. A recent Government Accountability Office report found that shortages of spare parts, a lack of maintenance personnel, and routinely deferred maintenance, rather than intellectual property issues, are what prevent our units from performing timely repairs. Unless these foundational challenges are addressed, mandating access to intellectual property will do little to meaningfully improve readiness.

Congress should reject these “right to repair” provisions. Instead, let’s double down on what works: Invest in workforce development, modernize infrastructure and strengthen supply chains. The Pentagon already has the tools to get the intellectual property it needs. Let’s use them more effectively rather than creating new mandates that undermine innovation. Tailor licensing agreements on a contract-by-contract basis to maximize the long-term interests of the U.S. government while incentivizing and respecting industry innovation and investment.

Additionally, expand training across the acquisition workforce to ensure that personnel are better prepared to navigate and negotiate complex intellectual property issues.

Our defense industrial base isn’t just a supplier; it’s also a strategic partner. Undermining the incentive to innovate will have long-term consequences for military readiness and technological superiority. If we want to keep America safe, we need policies that protect and empower our innovators, not put them in jeopardy.

• Eric Fanning is president and CEO of the Aerospace Industries Association.