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House Armed Services Committee Passes FY27 NDAA 44-12 — Right to Repair Provision Sets Up Fight With Defense Contractors

House Armed Services Committee Passes FY27 NDAA 44-12 — Right to Repair Provision Sets Up Fight With Defense Contractors
The House Armed Services Committee passed its FY27 National Defense Authorization Act early Friday morning after a 14-hour marathon markup session. A bipartisan 'right to repair' amendment is now on a collision course with the defense industry's biggest lobby groups. The bill adds $500 million for a second destroyer, a 3.6% servicemember pay raise, and dozens of aircraft preservation measures — but the IP fight could reshape how the Pentagon does business with contractors.

Since coverage of the FY27 NDAA markup began earlier this week, the House Armed Services Committee voted 44-12 in the early hours of Friday morning to send its version of the bill to the full House — with every "no" vote cast by a Democrat.

14 Hours. 900 Amendments. One Real Fight.

The markup ran fourteen hours. Members debated more than 900 amendments covering everything from the ongoing war with Iran to the official name of the Defense Department — and, according to Breaking Defense, Kid Rock.

Most votes broke along party lines. One did not.

The right to repair amendment, offered by Reps. Maggie Goodlander (D-N.H.) and Pat Harrigan (R-N.C.), would make government purpose rights the default for any technical data or software in defense contracts — unless the contractor proves it needs tighter IP restrictions. The provision will likely drive the fiercest debate when the bill reaches the full House.

What It Means

Right now, defense contractors can lock up the software and technical specs for the equipment they sell to the military. The Pentagon can't always fix its own gear without going back to the original manufacturer — and paying whatever they charge.

Army Secretary Dan Driscoll has been pushing Congress for exactly this kind of authority, according to Breaking Defense. The problem is real: service members sometimes can't repair their own equipment because a contractor's lawyers buried the fix in a licensing agreement.

The Goodlander-Harrigan amendment flips that default. Government gets access. Contractors have to justify why they shouldn't.

Industry Opposition

HASC Chairman Mike Rogers (R-Ala.) voted for the bill but raised concerns about the repair amendment specifically. According to Breaking Defense, Rogers warned it would force companies to choose between protecting their intellectual property and working with the Pentagon at all. "Many will choose to protect their IP," he said.

The Aerospace Industries Association and the National Defense Industrial Association both came out against the measure.

Rep. Rob Wittman (R-Va.) argued the amendment gives the government "carte blanche" over contractor IP — with no guardrails preventing the Pentagon from handing that IP to a third party.

Wittman's concern is legitimate. If a defense contractor loses its IP protections entirely, smaller companies may stop competing for Pentagon contracts. That would shrink the defense industrial base at exactly the wrong time.

Defense contractors have, however, spent decades using IP restrictions as a profit moat. The military pays billions for equipment it then can't service without paying the same company again.

What Else Is in the Bill

Rep. Austin Scott (R-Ga.) had 50 amendments adopted at markup, plus 15 more already baked into the base text — 65 total provisions from one member, according to his office. Chairman Rogers praised Scott's output directly.

Scott's provisions include:

  • MQ-9 Reaper retirement prohibition — no retiring the drone fleet
  • F-22 Raptor retirement prohibition extended through September 30, 2032
  • EA-18G Growler protections through September 30, 2032
  • F-15EX purchases authorized beyond the current program of record
  • C-17 production restart assessment — the Air Force must study whether it's feasible to restart the production line
  • Fighter force structure minimum extended through October 1, 2035

Retiring the F-22 or MQ-9 has been a budget-cutting temptation for years. Scott's amendments lock those platforms in place legislatively.

The bill also adds $500 million for a second destroyer and a 3.6% pay raise for all servicemembers, according to Rep. Donald Norcross's office.

The Democrat Who Voted Yes — and What He Pushed Through

Norcross (D-N.J.), ranking member of the Tactical Air and Land Forces Subcommittee, voted to advance the NDAA while pushing through an amendment restoring collective bargaining rights for DoD civilian employees — rights he says President Trump stripped illegally via executive order last year.

His office also secured over $591 million for seven CH-47 helicopters built in Ridley Park, over $3.8 million for MH-139A Grey Wolf helicopters, $3.47 billion for KC-46 refuelers, and $5 million to Rowan University for hypersonic technology research.

He also locked in a provision blocking the Navy from outsourcing warship construction to foreign countries. Keeping shipbuilding jobs in the U.S. has bipartisan appeal.

The Road Ahead

The right to repair fight will intensify once this hits the full House floor and eventually the Senate. The defense contractor lobby is already mobilizing. The Aerospace Industries Association and NDIA don't file concern letters for routine matters — they're signaling a serious push to gut or strip the Goodlander-Harrigan amendment before it becomes law.

The C-17 production restart assessment is also drawing less attention than it deserves. Restarting that line would cost tens of billions. Directing the Air Force to study it is a legislative signal that some members are seriously considering it — particularly given supply chain vulnerabilities exposed by the Ukraine war and ongoing tensions with China.

The NDAA still has to pass the full House, survive the Senate, and get reconciled in conference. The right to repair provision will face the most pressure. If it survives, the Pentagon gets real leverage over contractors for the first time in years. If it gets stripped, expect to keep reading stories about the military paying $800 for a bolt because only one company is allowed to make it.

The 3.6% pay raise is the one thing everyone agrees on. Service members deserve it.

Sources

center The Hill 12 Democrats vote against Defense bill in rare committee split
center Breaking Defense HASC adopts FY27 defense policy bill, adds right to repair language
unknown vertexaisearch.cloud.google HASC adopts FY27 defense policy bill, adds right to repair language
unknown vertexaisearch.cloud.google Rep. Austin Scott on HASC Passage of FY27 NDAA - Press Releases
unknown vertexaisearch.cloud.google Norcross' workforce protections, investments in defense manufacturing pass House Armed Services Committee - Press Releases