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