AEI Fellow Argues Military Right-to-Repair Bills Target the Wrong Problem

In an op-ed for Breaking Defense, Elaine McCusker of the American Enterprise Institute argues that right-to-repair language in the pending defense authorization bills could do more harm than good. She says the core problem is identifying, licensing and managing repair data, not owning more intellectual property.

Key points

• The provisions: House Section 861 and Senate Section 804 would both make government purpose rights, which apply to data built with mixed public and private funding, the default on Pentagon contracts.
• Her concerns: McCusker says contractors claiming lesser rights would have to prove before award that no government money went into their work, which could stall contracting and shut out smaller firms. She also says bidders would price in lost IP, and the rules would do nothing for equipment already fielded.
• Licensing fix: She recommends updating existing authorities with clearer data definitions, treating software and source code separately, settling data needs with industry for each equipment type, and using specially negotiated licenses when future needs are unclear.
• Data management: She urges Congress to have the Pentagon show it has carried out the data management section of DoD Manual 5010.12, issued in November 2025, and to require a secure digital catalog maintainers can use.

Quick take

McCusker, a former acting Pentagon comptroller, writes that conferees need to change the provisions after the midterms. In her view, small subcontractors would be hit hardest, and the answer lies in better handling of the data the military needs.

Read the full story at Breaking Defense.