119-s873

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 873 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 873

To amend title 10, United States Code, to preserve and recapitalize the 
 fighter aircraft capabilities of the Air Force and its reserve 
 components, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 5, 2025

 Mr. Crapo (for himself, Mr. Hickenlooper, Mr. Risch, Mr. Kelly, Mr. 
 Banks, Ms. Slotkin, Mr. Scott of Florida, Mr. Peters, Mr. Young, Ms. 
 Alsobrooks, Mr. Cruz, Mr. Van Hollen, Ms. Klobuchar, Mr. Bennet, Mr. 
 Padilla, Ms. Smith, and Mr. Gallego) introduced the following bill; 
 which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

 A BILL

To amend title 10, United States Code, to preserve and recapitalize the 
 fighter aircraft capabilities of the Air Force and its reserve 
 components, 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 ``Fighter Force Preservation and 
Recapitalization Act of 2025''.

SEC. 2. MINIMUM NUMBER OF FIGHTER AIRCRAFT IN THE AIR FORCE AND RESERVE 
 COMPONENTS OF THE AIR FORCE.

 

Section 9062
            (i) of title 10, United States Code, is amended--

    (1) in paragraph

    (1) --
        (A) by striking ``During'' and inserting ``Except 
 as provided in paragraph

    (2) , during'';
        (B) by striking ``October 1, 2026'' and inserting 
 ``October 1, 2030'';
            (C) by striking ``1,800'' and inserting ``1,900''; 
 and
            (D) by striking ``1,145'' and inserting ``1,200'';

    (2) by redesignating paragraph

    (2) as paragraph

    (3) ; and

    (3) by inserting after paragraph

    (1) the following new 
 paragraph

    (2) :
 ``

    (2)
        (A) Subject to subparagraphs
        (B) and
            (C) , the Secretary of 
Defense may temporarily reduce the total aircraft inventory required by 
paragraph

    (1) to enable recapitalization of units transitioning from 
one combat-coded mission fighter aircraft to a new combat-coded fighter 
aircraft.
 ``
        (B) A temporary reduction authorized under subparagraph
        (A) shall 
not--
 ``
            (i) result in less than 1,800 aircraft in the total 
 aircraft inventory of fighter aircraft at any given time; or
 ``
            (ii) exceed two years.
 ``
            (C) 
            (i) Before authorizing a temporary reduction under 
subparagraph
        (A) , the Secretary of Defense shall--
 ``
            (I) provide notification to the congressional defense 
 committees; and
 ``
            (II) identify in such notification the specific units to 
 be recapitalized.
 ``
            (ii) The Secretary of Defense may satisfy the requirement for 
notification under this subparagraph if the Secretary includes such 
notification in a fiscal-year quarterly report required by subsection

    (n) .''; and

    (4) in paragraph

    (3) , as redesignated by paragraph

    (2) , by 
 striking ``In this subsection:'' and all that follows through 
 ``The term `primary mission aircraft inventory' means'' and 
 inserting ``In this subsection, the term `primary mission 
 aircraft inventory' means''.

SEC. 3. ANNUAL REPORT ON STATUS OF TOTAL FIGHTER AIRCRAFT INVENTORY.

 

Section 9062 of title 10, United States Code, as amended by 

section 2, is further amended by adding at the end the following new 
subsection:
 ``

    (n)

    (1) Not later than 90 days after the date of the enactment of 
the Fighter Force Preservation and Recapitalization Act of 2025, and at 
the end of each fiscal-year quarter thereafter through September 30, 
2030, the Secretary of the Air Force shall submit to the congressional 
defense committees a report describing the status of the total aircraft 
inventory requirement for fighter aircraft established by subsection
            (i) .
 ``

    (2) Each report required by paragraph

    (1) shall include the 
following:
 ``
        (A) The overall number of new advanced capability fighter 
 aircraft, fifth-generation fighter aircraft, and next-
 generation air dominance fighter aircraft received by the Air 
 Force during the fiscal-year quarter covered by the report.
 ``
        (B) The mission design series prefix of each airframe 
 received.
 ``
            (C) The vendor from which each new fighter aircraft was 
 received.
 ``
            (D) The number of new advanced capability fighter 
 aircraft and fifth-generation fighter aircraft assigned to 
 units of the Regular Air Force, the Air Force Reserve, and the 
 Air National Guard during the fiscal-year quarter covered by 
 the report.
 ``
        (E) The distribution ratios of new fighter aircraft 
 received from vendors during the fiscal-year covered by the 
 report and assigned to units of the Regular Air Force, the Air 
 Force Reserve, and the Air National Guard, including--
 ``
            (i) the percentage of total new advanced 
 capability fighter aircraft and new fifth-generation 
 fighter aircraft received that were assigned to each 
 component (Regular Air Force, Air Force Reserve, and 
 Air National Guard); and
 ``
            (ii) the percentage of aircraft assigned to each 
 component, disaggregated by mission design series 
 prefix.
 ``
        (F) The number of legacy capability fighter aircraft 
 retired or divested by the Regular Air Force, the Air Force 
 Reserve, and the Air National Guard during the fiscal-year 
 quarter covered by the report, disaggregated by unit.
 ``
        (G) An identification of fighter aircraft units scheduled 
 for recapitalization, including any associated authorizations 
 for a temporary reduction in the minimum total aircraft 
 inventory level for fighter aircraft established by subsection
            (i) .
 ``
        (H) Any notable trends, issues, or challenges related to 
 the receipt and assignment of new fighter aircraft during the 
 fiscal-year quarter covered by the report, including any 
 delays, discrepancies, or other factors that may have impacted 
 such receipt or assignment.
 ``

    (3) Each report required by paragraph

    (1) shall be submitted in 
unclassified form, unless the Secretary of the Air Force determines 
that the inclusion of classified information in the report is 
necessary, in which case the report may be submitted in classified form 
or with classified annexes or sections.
 ``

    (4) Notwithstanding any other provision of law, if the Secretary 
of the Air Force does not submit a report required by paragraph

    (1) to 
the congressional defense committees by the deadline established by 
such paragraph, no funds may be obligated or expended for travel by the 
Secretary of the Air Force until the report is submitted.''.

SEC. 4. RECAPITALIZATION PRIORITIZATION OF AIR FORCE SERVICE-RETAINED 
 FIGHTER FLEET.

 

Section 9062 of title 10, United States Code, as amended by 
sections 2 and 3, is further amended by adding at the end the following 
new subsection:
 ``

    (o)

    (1) The Secretary of the Air Force shall ensure that for every 
four new advanced capability fighter aircraft, fifth-generation fighter 
aircraft, and next-generation air dominance fighter aircraft accepted 
by the Air Force, not less than three shall be assigned and delivered 
to a fighter aircraft squadron of the Air Force that--
 ``
        (A) exists as of the date of the enactment of the Fighter 
 Force Preservation and Recapitalization Act of 2025; and
 ``
        (B) is service retained.
 ``

    (2) For each new advanced capability fighter aircraft, fifth-
generation fighter aircraft, or next-generation air dominance fighter 
aircraft assigned and delivered to a fighter aircraft squadron under 
paragraph

    (1) , the Secretary of the Air Force may retire a legacy 
capability fighter aircraft from that squadron on a one-for-one 
basis.''.

SEC. 5. PRESERVATION AND RECAPITALIZATION OF AIR NATIONAL GUARD FIGHTER 
 FLEET.

 

Section 9062 of title 10, United States Code, as amended by 
sections 2 through 4, is further amended by adding at the end the 
following new subsection:
 ``

    (p)

    (1) Except as provided in paragraphs

    (2) and

    (3) , during the 
period beginning on December 23, 2024, and ending on October 1, 2030, 
the Secretary of the Air Force--
 ``
        (A) shall maintain not less than 25 fighter aircraft 
 squadrons of the Air National Guard, including the 25 fighter 
 aircraft squadrons of the Air National Guard in existence as of 
 December 23, 2024; and
 ``
        (B) may not retire, reduce funding for, or place in a 
 status considered excess to the requirements of the possessing 
 command and awaiting disposition instructions (commonly 
 referred to as `XJ' status) any legacy capability fighter 
 aircraft or fifth-generation fighter aircraft assigned to any 
 of the 25 fighter aircraft squadrons of the Air National Guard 
 in existence as of December 23, 2024.
 ``

    (2) The prohibition under paragraph

    (1)
        (B) shall not apply to 
individual legacy capability fighter aircraft, advanced capability 
fighter aircraft, or fifth-generation fighter aircraft that the 
Secretary of the Air Force determines, on a case-by-case basis, to be 
no longer mission capable and uneconomical to repair because of 
aircraft accidents, mishaps, or excessive material degradation and non-
airworthiness status of certain aircraft.
 ``

    (3) For each new advanced capability fighter aircraft or fifth-
generation fighter aircraft assigned and delivered to a fighter 
aircraft squadron maintained under paragraph

    (1)
        (A) , the Secretary of 
the Air Force may retire a legacy capability fighter aircraft from that 
squadron on a one-for-one basis.
 ``

    (4) Section 2244a of this title shall not apply to the 
implementation of this subsection.''.

SEC. 6. ANNUAL RECAPITALIZATION PLAN FOR AIR NATIONAL GUARD FIGHTER 
 FLEET.

 

Section 9062 of title 10, United States Code, as amended by 
sections 2 through 5, is further amended by adding at the end the 
following new subsection:
 ``

    (q)

    (1) The Secretary of the Air Force, in consultation with the 
Director of the Air National Guard, shall annually develop a plan to 
recapitalize the fighter fleet of the Air National Guard.
 ``

    (2) The plan required under paragraph

    (1) shall--
 ``
        (A) identify each of the 25 fighter aircraft squadrons of 
 the Air National Guard in existence on the date of the 
 enactment of this Act;
 ``
        (B) provide a plan for recapitalization of all such 
 squadrons at a similar rate as the fighter aircraft squadrons 
 of the active components of the Armed Forces, with the same 
 combination of legacy capability fighter aircraft and advanced 
 capability fighter aircraft found in fighter aircraft squadrons 
 of the active Air Force;
 ``
            (C) establish a timetable for a plan or actions for the 
 recapitalization proposed under subparagraph
        (B) through 
 October 1, 2030, disaggregated by fighter aircraft squadron and 
 fiscal year, which shall identify funding required for each 
 fiscal year;
 ``
            (D) assess budgetary effects on the active components of 
 the Armed Forces if the recapitalization plan proposed under 
 subparagraph
        (B) were implemented in accordance with the 
 timeline established under subparagraph
            (C) ;
 ``
        (E) assess the effects of such plan on the operational 
 readiness and personnel readiness of the active and reserve 
 components of the Armed Forces, including the effects of such 
 plan on the ability of such components to meet steady state and 
 contingency force presentation and mission requirements of 
 combatant commanders; and
 ``
        (F) examine the feasibility of acquiring F-16 Block 70 
 fighter aircraft for the Air National Guard.
 ``

    (3)
        (A) Not later than July 1 of each year through July 1, 2030, 
the Secretary of the Air Force shall submit to the congressional 
defense committees a report that includes the plan required under 
paragraph

    (1) .
 ``
        (B) The report required under subparagraph
        (A) shall be submitted 
in unclassified form, but may contain a classified annex.''.

SEC. 7. DEFINITIONS.

 

Section 9062 of title 10, United States Code, as amended by 
sections 2 through 6, is further amended by adding at the end the 
following new subsection:
 ``

    (r) In this section:
 ``

    (1) The term `advanced capability fighter aircraft'--
 ``
        (A) means any new production variant of an 
 airframe type specified in paragraph

    (4) , including--
 ``
            (i) the F-16 Block 70/72 and any 
 subsequent block; and
 ``
            (ii) the F-15EX and any subsequent 
 variant; and
 ``
        (B) does not include a modified or upgraded 
 version of a legacy capability fighter aircraft.
 ``

    (2) The term `fifth-generation fighter aircraft' means an 
 F-22 aircraft or an F-35 aircraft.
 ``

    (3) The term `fighter aircraft' means an aircraft that--
 ``
        (A) is designated by a mission design series 
 prefix of F- or A-;
 ``
        (B) includes one or two crewmembers on board the 
 aircraft when in operation; and
 ``
            (C) 
            (i) executes single-role or multi-role 
 missions, including air-to-air combat, air-to-ground 
 attack, air interdiction, suppression or destruction of 
 enemy air defenses, close air support, strike control 
 and reconnaissance, combat search and rescue support, 
 or airborne forward air control; or
 ``
            (ii) operates collaboratively with an uncrewed 
 aircraft operating semi-autonomously in proximity.
 ``

    (4) The term `legacy capability fighter aircraft' means a 
 pre-fifth-generation fighter aircraft, including--
 ``
        (A) an F-16 aircraft, whether pre-block or post-
 block;
 ``
        (B) an F-15C/D/E aircraft; or
 ``
            (C) an A-10C aircraft.
 ``

    (5) The term `next-generation air dominance fighter 
 aircraft'--
 ``
        (A) means--
 ``
            (i) a sixth-generation fighter aircraft 
 capable of interacting collaboratively with 
 uncrewed aircraft operating semi-autonomously 
 in proximity; or
 ``
            (ii) any other fighter aircraft 
 referenced or designated as a sixth-generation 
 airframe; and
 ``
        (B) does not include uncrewed fighter-type 
 aircraft.
 ``

    (6) The term `service retained', with respect to a 
 fighter aircraft unit or a fighter aircraft, means that the 
 unit or aircraft--
 ``
        (A) is controlled by the Regular Air Force, the 
 Air Force Reserve, or the Air National Guard for 
 operational, training, or administrative purposes of 
 the component concerned; and
 ``
        (B) is not assigned to, or under the operational 
 control of, a combatant command or joint task force.''.
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