Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB873 Compare Versions

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11 II
22 119THCONGRESS
33 1
44 STSESSION S. 873
55 To amend title 10, United States Code, to preserve and recapitalize the
66 fighter aircraft capabilities of the Air Force and its reserve components,
77 and for other purposes.
88 IN THE SENATE OF THE UNITED STATES
99 MARCH5, 2025
1010 Mr. C
1111 RAPO(for himself, Mr. HICKENLOOPER, Mr. RISCH, Mr. KELLY, Mr.
1212 B
1313 ANKS, Ms. SLOTKIN, Mr. SCOTTof Florida, Mr. PETERS, Mr. YOUNG,
1414 Ms. A
1515 LSOBROOKS, Mr. CRUZ, Mr. VANHOLLEN, Ms. KLOBUCHAR, Mr.
1616 B
1717 ENNET, Mr. PADILLA, Ms. SMITH, and Mr. GALLEGO) introduced the
1818 following bill; which was read twice and referred to the Committee on
1919 Armed Services
2020 A BILL
2121 To amend title 10, United States Code, to preserve and
2222 recapitalize the fighter aircraft capabilities of the Air
2323 Force and its reserve components, and for other pur-
2424 poses.
2525 Be it enacted by the Senate and House of Representa-1
2626 tives of the United States of America in Congress assembled, 2
2727 SECTION 1. SHORT TITLE. 3
2828 This Act may be cited as the ‘‘Fighter Force Preser-4
2929 vation and Recapitalization Act of 2025’’. 5
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3333 SEC. 2. MINIMUM NUMBER OF FIGHTER AIRCRAFT IN THE 1
3434 AIR FORCE AND RESERVE COMPONENTS OF 2
3535 THE AIR FORCE. 3
3636 Section 9062(i) of title 10, United States Code, is 4
3737 amended— 5
3838 (1) in paragraph (1)— 6
3939 (A) by striking ‘‘During’’ and inserting 7
4040 ‘‘Except as provided in paragraph (2), during’’; 8
4141 (B) by striking ‘‘October 1, 2026’’ and in-9
4242 serting ‘‘October 1, 2030’’; 10
4343 (C) by striking ‘‘1,800’’ and inserting 11
4444 ‘‘1,900’’; and 12
4545 (D) by striking ‘‘1,145’’ and inserting 13
4646 ‘‘1,200’’; 14
4747 (2) by redesignating paragraph (2) as para-15
4848 graph (3); and 16
4949 (3) by inserting after paragraph (1) the fol-17
5050 lowing new paragraph (2): 18
5151 ‘‘(2)(A) Subject to subparagraphs (B) and (C), the 19
5252 Secretary of Defense may temporarily reduce the total air-20
5353 craft inventory required by paragraph (1) to enable recapi-21
5454 talization of units transitioning from one combat-coded 22
5555 mission fighter aircraft to a new combat-coded fighter air-23
5656 craft. 24
5757 ‘‘(B) A temporary reduction authorized under sub-25
5858 paragraph (A) shall not— 26
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6262 ‘‘(i) result in less than 1,800 aircraft in the 1
6363 total aircraft inventory of fighter aircraft at any 2
6464 given time; or 3
6565 ‘‘(ii) exceed two years. 4
6666 ‘‘(C)(i) Before authorizing a temporary reduction 5
6767 under subparagraph (A), the Secretary of Defense shall— 6
6868 ‘‘(I) provide notification to the congressional 7
6969 defense committees; and 8
7070 ‘‘(II) identify in such notification the specific 9
7171 units to be recapitalized. 10
7272 ‘‘(ii) The Secretary of Defense may satisfy the re-11
7373 quirement for notification under this subparagraph if the 12
7474 Secretary includes such notification in a fiscal-year quar-13
7575 terly report required by subsection (n).’’; and 14
7676 (4) in paragraph (3), as redesignated by para-15
7777 graph (2), by striking ‘‘In this subsection:’’ and all 16
7878 that follows through ‘‘The term ‘primary mission 17
7979 aircraft inventory’ means’’ and inserting ‘‘In this 18
8080 subsection, the term ‘primary mission aircraft inven-19
8181 tory’ means’’. 20
8282 SEC. 3. ANNUAL REPORT ON STATUS OF TOTAL FIGHTER 21
8383 AIRCRAFT INVENTORY. 22
8484 Section 9062 of title 10, United States Code, as 23
8585 amended by section 2, is further amended by adding at 24
8686 the end the following new subsection: 25
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9090 ‘‘(n)(1) Not later than 90 days after the date of the 1
9191 enactment of the Fighter Force Preservation and Recapi-2
9292 talization Act of 2025, and at the end of each fiscal-year 3
9393 quarter thereafter through September 30, 2030, the Sec-4
9494 retary of the Air Force shall submit to the congressional 5
9595 defense committees a report describing the status of the 6
9696 total aircraft inventory requirement for fighter aircraft es-7
9797 tablished by subsection (i). 8
9898 ‘‘(2) Each report required by paragraph (1) shall in-9
9999 clude the following: 10
100100 ‘‘(A) The overall number of new advanced capa-11
101101 bility fighter aircraft, fifth-generation fighter air-12
102102 craft, and next-generation air dominance fighter air-13
103103 craft received by the Air Force during the fiscal-year 14
104104 quarter covered by the report. 15
105105 ‘‘(B) The mission design series prefix of each 16
106106 airframe received. 17
107107 ‘‘(C) The vendor from which each new fighter 18
108108 aircraft was received. 19
109109 ‘‘(D) The number of new advanced capability 20
110110 fighter aircraft and fifth-generation fighter aircraft 21
111111 assigned to units of the Regular Air Force, the Air 22
112112 Force Reserve, and the Air National Guard during 23
113113 the fiscal-year quarter covered by the report. 24
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117117 ‘‘(E) The distribution ratios of new fighter air-1
118118 craft received from vendors during the fiscal-year 2
119119 covered by the report and assigned to units of the 3
120120 Regular Air Force, the Air Force Reserve, and the 4
121121 Air National Guard, including— 5
122122 ‘‘(i) the percentage of total new advanced 6
123123 capability fighter aircraft and new fifth-genera-7
124124 tion fighter aircraft received that were assigned 8
125125 to each component (Regular Air Force, Air 9
126126 Force Reserve, and Air National Guard); and 10
127127 ‘‘(ii) the percentage of aircraft assigned to 11
128128 each component, disaggregated by mission de-12
129129 sign series prefix. 13
130130 ‘‘(F) The number of legacy capability fighter 14
131131 aircraft retired or divested by the Regular Air Force, 15
132132 the Air Force Reserve, and the Air National Guard 16
133133 during the fiscal-year quarter covered by the report, 17
134134 disaggregated by unit. 18
135135 ‘‘(G) An identification of fighter aircraft units 19
136136 scheduled for recapitalization, including any associ-20
137137 ated authorizations for a temporary reduction in the 21
138138 minimum total aircraft inventory level for fighter 22
139139 aircraft established by subsection (i). 23
140140 ‘‘(H) Any notable trends, issues, or challenges 24
141141 related to the receipt and assignment of new fighter 25
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145145 aircraft during the fiscal-year quarter covered by the 1
146146 report, including any delays, discrepancies, or other 2
147147 factors that may have impacted such receipt or as-3
148148 signment. 4
149149 ‘‘(3) Each report required by paragraph (1) shall be 5
150150 submitted in unclassified form, unless the Secretary of the 6
151151 Air Force determines that the inclusion of classified infor-7
152152 mation in the report is necessary, in which case the report 8
153153 may be submitted in classified form or with classified an-9
154154 nexes or sections. 10
155155 ‘‘(4) Notwithstanding any other provision of law, if 11
156156 the Secretary of the Air Force does not submit a report 12
157157 required by paragraph (1) to the congressional defense 13
158158 committees by the deadline established by such paragraph, 14
159159 no funds may be obligated or expended for travel by the 15
160160 Secretary of the Air Force until the report is submitted.’’. 16
161161 SEC. 4. RECAPITALIZATION PRIORITIZATION OF AIR FORCE 17
162162 SERVICE-RETAINED FIGHTER FLEET. 18
163163 Section 9062 of title 10, United States Code, as 19
164164 amended by sections 2 and 3, is further amended by add-20
165165 ing at the end the following new subsection: 21
166166 ‘‘(o)(1) The Secretary of the Air Force shall ensure 22
167167 that for every four new advanced capability fighter air-23
168168 craft, fifth-generation fighter aircraft, and next-generation 24
169169 air dominance fighter aircraft accepted by the Air Force, 25
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173173 not less than three shall be assigned and delivered to a 1
174174 fighter aircraft squadron of the Air Force that— 2
175175 ‘‘(A) exists as of the date of the enactment of 3
176176 the Fighter Force Preservation and Recapitalization 4
177177 Act of 2025; and 5
178178 ‘‘(B) is service retained. 6
179179 ‘‘(2) For each new advanced capability fighter air-7
180180 craft, fifth-generation fighter aircraft, or next-generation 8
181181 air dominance fighter aircraft assigned and delivered to 9
182182 a fighter aircraft squadron under paragraph (1), the Sec-10
183183 retary of the Air Force may retire a legacy capability 11
184184 fighter aircraft from that squadron on a one-for-one 12
185185 basis.’’. 13
186186 SEC. 5. PRESERVATION AND RECAPITALIZATION OF AIR 14
187187 NATIONAL GUARD FIGHTER FLEET. 15
188188 Section 9062 of title 10, United States Code, as 16
189189 amended by sections 2 through 4, is further amended by 17
190190 adding at the end the following new subsection: 18
191191 ‘‘(p)(1) Except as provided in paragraphs (2) and 19
192192 (3), during the period beginning on December 23, 2024, 20
193193 and ending on October 1, 2030, the Secretary of the Air 21
194194 Force— 22
195195 ‘‘(A) shall maintain not less than 25 fighter air-23
196196 craft squadrons of the Air National Guard, including 24
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200200 the 25 fighter aircraft squadrons of the Air National 1
201201 Guard in existence as of December 23, 2024; and 2
202202 ‘‘(B) may not retire, reduce funding for, or 3
203203 place in a status considered excess to the require-4
204204 ments of the possessing command and awaiting dis-5
205205 position instructions (commonly referred to as ‘XJ’ 6
206206 status) any legacy capability fighter aircraft or fifth- 7
207207 generation fighter aircraft assigned to any of the 25 8
208208 fighter aircraft squadrons of the Air National Guard 9
209209 in existence as of December 23, 2024. 10
210210 ‘‘(2) The prohibition under paragraph (1)(B) shall 11
211211 not apply to individual legacy capability fighter aircraft, 12
212212 advanced capability fighter aircraft, or fifth-generation 13
213213 fighter aircraft that the Secretary of the Air Force deter-14
214214 mines, on a case-by-case basis, to be no longer mission 15
215215 capable and uneconomical to repair because of aircraft ac-16
216216 cidents, mishaps, or excessive material degradation and 17
217217 non-airworthiness status of certain aircraft. 18
218218 ‘‘(3) For each new advanced capability fighter air-19
219219 craft or fifth-generation fighter aircraft assigned and de-20
220220 livered to a fighter aircraft squadron maintained under 21
221221 paragraph (1)(A), the Secretary of the Air Force may re-22
222222 tire a legacy capability fighter aircraft from that squadron 23
223223 on a one-for-one basis. 24
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227227 ‘‘(4) Section 2244a of this title shall not apply to the 1
228228 implementation of this subsection.’’. 2
229229 SEC. 6. ANNUAL RECAPITALIZATION PLAN FOR AIR NA-3
230230 TIONAL GUARD FIGHTER FLEET. 4
231231 Section 9062 of title 10, United States Code, as 5
232232 amended by sections 2 through 5, is further amended by 6
233233 adding at the end the following new subsection: 7
234234 ‘‘(q)(1) The Secretary of the Air Force, in consulta-8
235235 tion with the Director of the Air National Guard, shall 9
236236 annually develop a plan to recapitalize the fighter fleet of 10
237237 the Air National Guard. 11
238238 ‘‘(2) The plan required under paragraph (1) shall— 12
239239 ‘‘(A) identify each of the 25 fighter aircraft 13
240240 squadrons of the Air National Guard in existence on 14
241241 the date of the enactment of this Act; 15
242242 ‘‘(B) provide a plan for recapitalization of all 16
243243 such squadrons at a similar rate as the fighter air-17
244244 craft squadrons of the active components of the 18
245245 Armed Forces, with the same combination of legacy 19
246246 capability fighter aircraft and advanced capability 20
247247 fighter aircraft found in fighter aircraft squadrons 21
248248 of the active Air Force; 22
249249 ‘‘(C) establish a timetable for a plan or actions 23
250250 for the recapitalization proposed under subpara-24
251251 graph (B) through October 1, 2030, disaggregated 25
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255255 by fighter aircraft squadron and fiscal year, which 1
256256 shall identify funding required for each fiscal year; 2
257257 ‘‘(D) assess budgetary effects on the active 3
258258 components of the Armed Forces if the recapitaliza-4
259259 tion plan proposed under subparagraph (B) were im-5
260260 plemented in accordance with the timeline estab-6
261261 lished under subparagraph (C); 7
262262 ‘‘(E) assess the effects of such plan on the 8
263263 operational readiness and personnel readiness of the 9
264264 active and reserve components of the Armed Forces, 10
265265 including the effects of such plan on the ability of 11
266266 such components to meet steady state and contin-12
267267 gency force presentation and mission requirements 13
268268 of combatant commanders; and 14
269269 ‘‘(F) examine the feasibility of acquiring F–16 15
270270 Block 70 fighter aircraft for the Air National Guard. 16
271271 ‘‘(3)(A) Not later than July 1 of each year through 17
272272 July 1, 2030, the Secretary of the Air Force shall submit 18
273273 to the congressional defense committees a report that in-19
274274 cludes the plan required under paragraph (1). 20
275275 ‘‘(B) The report required under subparagraph (A) 21
276276 shall be submitted in unclassified form, but may contain 22
277277 a classified annex.’’. 23
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281281 SEC. 7. DEFINITIONS. 1
282282 Section 9062 of title 10, United States Code, as 2
283283 amended by sections 2 through 6, is further amended by 3
284284 adding at the end the following new subsection: 4
285285 ‘‘(r) In this section: 5
286286 ‘‘(1) The term ‘advanced capability fighter air-6
287287 craft’— 7
288288 ‘‘(A) means any new production variant of 8
289289 an airframe type specified in paragraph (4), in-9
290290 cluding— 10
291291 ‘‘(i) the F–16 Block 70/72 and any 11
292292 subsequent block; and 12
293293 ‘‘(ii) the F–15EX and any subsequent 13
294294 variant; and 14
295295 ‘‘(B) does not include a modified or up-15
296296 graded version of a legacy capability fighter air-16
297297 craft. 17
298298 ‘‘(2) The term ‘fifth-generation fighter aircraft’ 18
299299 means an F–22 aircraft or an F–35 aircraft. 19
300300 ‘‘(3) The term ‘fighter aircraft’ means an air-20
301301 craft that— 21
302302 ‘‘(A) is designated by a mission design se-22
303303 ries prefix of F– or A–; 23
304304 ‘‘(B) includes one or two crewmembers on 24
305305 board the aircraft when in operation; and 25
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309309 ‘‘(C)(i) executes single-role or multi-role 1
310310 missions, including air-to-air combat, air-to- 2
311311 ground attack, air interdiction, suppression or 3
312312 destruction of enemy air defenses, close air sup-4
313313 port, strike control and reconnaissance, combat 5
314314 search and rescue support, or airborne forward 6
315315 air control; or 7
316316 ‘‘(ii) operates collaboratively with an 8
317317 uncrewed aircraft operating semi-autonomously 9
318318 in proximity. 10
319319 ‘‘(4) The term ‘legacy capability fighter air-11
320320 craft’ means a pre-fifth-generation fighter aircraft, 12
321321 including— 13
322322 ‘‘(A) an F–16 aircraft, whether pre-block 14
323323 or post-block; 15
324324 ‘‘(B) an F–15C/D/E aircraft; or 16
325325 ‘‘(C) an A–10C aircraft. 17
326326 ‘‘(5) The term ‘next-generation air dominance 18
327327 fighter aircraft’— 19
328328 ‘‘(A) means— 20
329329 ‘‘(i) a sixth-generation fighter aircraft 21
330330 capable of interacting collaboratively with 22
331331 uncrewed aircraft operating semi-autono-23
332332 mously in proximity; or 24
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336336 ‘‘(ii) any other fighter aircraft ref-1
337337 erenced or designated as a sixth-generation 2
338338 airframe; and 3
339339 ‘‘(B) does not include uncrewed fighter- 4
340340 type aircraft. 5
341341 ‘‘(6) The term ‘service retained’, with respect to 6
342342 a fighter aircraft unit or a fighter aircraft, means 7
343343 that the unit or aircraft— 8
344344 ‘‘(A) is controlled by the Regular Air 9
345345 Force, the Air Force Reserve, or the Air Na-10
346346 tional Guard for operational, training, or ad-11
347347 ministrative purposes of the component con-12
348348 cerned; and 13
349349 ‘‘(B) is not assigned to, or under the oper-14
350350 ational control of, a combatant command or 15
351351 joint task force.’’. 16
352352 Æ
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