[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4374 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4374
To authorize the Secretary of Defense to enter into multiyear contracts
for the procurement of F-35 and F-15EX aircraft, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 22, 2026
Mr. Budd (for himself, Mrs. Shaheen, Mr. King, Mr. Schmitt, Mr. Sheehy,
Mr. Rounds, and Mr. Cramer) introduced the following bill; which was
read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To authorize the Secretary of Defense to enter into multiyear contracts
for the procurement of F-35 and F-15EX aircraft, 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 ``Airpower Acceleration Act of 2026''.
SEC. 2. MULTIYEAR PROCUREMENT AUTHORITY FOR F-35 AND F-15EX AIRCRAFT.
(a) Multiyear Procurement Authority.--Subject to section 3501 of
title 10, United States Code, except as provided in this section, the
Secretary of Defense may enter into one or more multiyear contracts for
the procurement of F-35A, F-35B, F-35C, and F-15EX aircraft.
(b) Findings Requirements.--
(1) In general.--A contract described in subsection (a) is
deemed to meet the requirements of section 3501(a) of such
title.
(2) Request.--Section 3501(i)(2) of such title shall not
apply for purposes of this Act.
(3) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report with respect to contracts described in
subsection (a) containing preliminary findings of the agency
head described in paragraphs (1) through (6) of section 3501(a)
of such title, together with the basis for such findings.
(c) Advance Procurement.--
(1) In general.--The Secretary of Defense may enter into
one or more contracts for advance procurement of key components
of F-35A, F-35B, F-35C, and F-15EX aircraft in economic order
quantities.
(2) Certification.--The Secretary of Defense shall include
in any certification submitted under section 3501(i)(3) of such
title a description of the specific components the Secretary
intends to procure under the authority provided by paragraph
(1).
(d) Sense of Congress.--It is the sense of Congress that the
implementation of section 3501(d) of such title is important to
ensuring that all subcontractors, vendors, and suppliers promptly
receive funds in order to supercharge the defense industrial base.
SEC. 3. MODIFICATION OF INVENTORY REQUIREMENTS FOR AIR FORCE FIGHTER
AIRCRAFT.
(a) In General.--Subsection (i) of section 9062 of title 10, United
States Code, is amended to read as follows:
``(i)(1) The Secretary of the Air Force shall--
``(A) during the period beginning on October 1, 2026, and
ending on October 1, 2035, maintain a total aircraft inventory
of fighter aircraft of not less than 1,800 aircraft; and
``(B) maintain a total aircraft inventory of combat-coded
fighter aircraft of--
``(i) not less than 1,369 aircraft by December 31,
2030; and
``(ii) not less than 1,558 aircraft by December 31,
2035.
``(2) In this subsection:
``(A) The term `fighter aircraft'--
``(i) means an aircraft that--
``(I) is designated by a mission design
series prefix of F- or A-;
``(II) is manned by one or two crewmembers;
and
``(III) 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; and
``(ii) does not include collaborative combat
aircraft.
``(B) The term `primary mission aircraft inventory' means
aircraft assigned to meet the primary aircraft authorization to
a unit for the performance of its wartime mission.
``(C) The term `total aircraft inventory of combat-coded
fighter aircraft' means the total inventory of combat-coded
fighter aircraft the Air Force possesses, including in--
``(i) the primary mission aircraft inventory;
``(ii) the backup aircraft inventory; and
``(iii) the attrition reserve.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2026.
SEC. 4. F-15EX AIRCRAFT FLEET.
(a) Authority.--Subject to subsection (b), the Secretary of the Air
Force may increase the size of the F-15EX aircraft fleet from 129 to
329 F-15EX aircraft.
(b) Condition.--The Secretary of the Air Force shall use any F-15EX
aircraft procured after the first 129 aircraft under the authority
provided by subsection (a) exclusively for the purpose of
recapitalizing the F-15E aircraft fleet of the Air Force.
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