119-hr2327

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2327 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2327

 To require the Secretary of the Air Force to take steps to ensure the 
 continued production and procurement of advanced capability fighter 
aircraft and fifth generation fighter aircraft until the fighter units 
 of the Air National Guard are fully recapitalized, and for other 
 purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 25, 2025

Mr. James (for himself and Mr. Davis of North Carolina) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

 A BILL

 To require the Secretary of the Air Force to take steps to ensure the 
 continued production and procurement of advanced capability fighter 
aircraft and fifth generation fighter aircraft until the fighter units 
 of the Air National Guard are fully recapitalized, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Air National Guard Squadron 
Preservation Act of 2025''.

SEC. 2. STATEMENT OF POLICY.

 It is the policy of the United States to maintain the capabilities, 
experience, and strength of the Total Fighter Force needed to confront 
any threats by ensuring that the service retain force structure through 
the fighter aircraft squadrons across the Air National Guard are fully 
recapitalized.

SEC. 3. RECAPITALIZATION OF AIR NATIONAL GUARD FIGHTER FLEET.

    (a) Plan for Sustainment and Recapitalization of Air National Guard 
Fighter Fleet.--

Section 154

    (b)

    (2) of the National Defense Authorization 
Act for Fiscal Year 2025 (Public Law 118-159) is amended by inserting 
``, fifth generation fighter aircraft,'' after ``legacy capability 
fighter aircraft''.

    (b) Procurement of Fighter Aircraft.--

    (1) In general.--The Secretary of the Air Force shall take 
 such steps as may be necessary to ensure the continued 
 production and procurement of at least one model of advanced 
 capability fighter aircraft and at least one model of fifth 
 generation fighter aircraft until the date on which the 
 Secretary certifies to the congressional defense committees 
 that the Secretary has replaced all legacy capability fighter 
 aircraft within each covered Air National Guard fighter unit 
 with an advanced capability fighter aircraft or fifth 
 generation fighter aircraft.

    (2) Contracts.--For purposes of fulfilling the requirements 
 of paragraph

    (1) , the Secretary shall--
        (A) seek to enter into a contract for the 
 procurement of advanced capability fighter aircraft and 
 fifth generation fighter aircraft; or
        (B) modify a contract to provide for the 
 procurement of additional advanced capability fighter 
 aircraft and fifth generation fighter aircraft.

    (3) GAO review and report.--
        (A) Review.--The Comptroller General of the United 
 States shall conduct a review of advanced capability 
 fighter aircraft. Such review shall include--
            (i) an assessment of any challenges to the 
 procurement of such aircraft by the Secretary; 
 and
            (ii) recommendations on how to solve such 
 challenges.
        (B) Briefing.--Not later than one year after the 
 date of the enactment of this Act, the Comptroller 
 General shall provide to the congressional defense 
 committees a briefing on the preliminary findings of 
 the review conducted under subparagraph
        (A) .
            (C) Report.--Not later than 30 days after the 
 Comptroller General provides a briefing under 
 subparagraph
        (B) , the Comptroller General shall submit 
 to the congressional defense committees a final report 
 on the review conducted under subparagraph
        (A) .

    (4) Report on progress.--Not later than 180 days after the 
 Comptroller General provides a report under paragraph

    (3)
            (C) and on an annual basis thereafter, the Secretary shall submit 
 to the congressional defense committees a report on the 
 progress of the Secretary in--
        (A) implementing the recommendations of the 
 Comptroller General issued pursuant to paragraph

    (3) ; 
 and
        (B) replacing the legacy capability fighter 
 aircraft within each covered Air National Guard fighter 
 unit with an advanced capability fighter aircraft, 
 fifth generation fighter aircraft, or next-generation 
 air dominance fighter aircraft.
            (c) Feasibility Study on Advanced Capability Fighter Aircraft.--

    (1) Study.--The Secretary, in consultation with the 
 Director of the Air National Guard, shall conduct a study to 
 determine the need for procuring advanced capability fighter 
 aircraft for use by the active and reserve components of the 
 Air Force.

    (2) Elements.--The study under paragraph

    (1) shall--
        (A) take into account any plans of the Secretary to 
 implement unmanned or autonomous capabilities in any 
 fighter aircraft of the active or reserve components of 
 the Air Force;
        (B) calculate any cost savings in long-lead time, 
 supply chain acquisition, and labor attributed to any 
 sales of the Block 70/72 variant or later variant of 
 the F-16 fighter aircraft by the military of a foreign 
 country;
            (C) identify which reserve and active fighter units 
 of the Air Force would be eligible for recapitalization 
 with advanced capability fighter aircraft;
            (D) identify how advanced capability fighter 
 aircraft would meet steady state and contingency force 
 presentation and mission requirements of combatant 
 commanders; and
        (E) identify whether a multiyear contract would be 
 the best method for acquiring advanced capability 
 fighter aircraft.

    (3) Report.--Not later than 180 days after the date of the 
 enactment of this Act, the Secretary shall submit to the 
 congressional defense committees the findings of the study 
 conducted pursuant to this subsection.
            (d) === Definitions. ===
-In this Act:

    (1) The term ``advanced capability fighter aircraft'' means 
 a Block 70/72 variant or later variant of the F-16 fighter 
 aircraft, an F-15EX fighter aircraft, any future variant of 
 such fighter aircraft, or any other more advanced capability 
 fighter aircraft (other than a fifth generation fighter 
 aircraft) identified by the Secretary.

    (2) The term ``congressional defense committees'' has the 
 meaning given such term in 

section 101

    (a)

    (16) of title 10, 
 United States Code.

    (3) The term ``covered Air National Guard fighter unit'' 
 means any fighter unit of the Air National Guard with respect 
 to which the Secretary has not commenced or completed the 
 process of replacing the legacy capability fighter aircraft of 
 such unit with advanced capability fighter aircraft or fifth 
 generation fighter aircraft as of the date of the enactment of 
 this Act.

    (4) The term ``fifth generation'' has the meaning given 
 such term in 

section 154
            (d) (2) of the National Defense 
 Authorization Act for Fiscal Year 2025 (Public Law 118-159).

    (5) The term ``fighter aircraft'' has the meaning given 
 such term in 

section 9062
            (i) (2) of title 10, United States 
 Code.

    (6) The term ``legacy capability fighter aircraft''--
        (A) has the meaning given such term in 

section 154
            (d) (4) of the National Defense Authorization Act for 
 Fiscal Year 2025 (Public Law 118-159); and
        (B) does not include the Block 70/72 variant of the 
 F-16 fighter aircraft.
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