[Congressional Record Volume 171, Number 132 (Thursday, July 31, 2025)]
[Senate]
[Pages S5083-S5085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3279. Mr. CRAPO (for himself, Mr. Hickenlooper, Mr. Risch, Mr.
Banks, Mr. Cruz, Ms. Klobuchar, Mr. Peters, Mr. Van Hollen, Ms.
Alsobrooks, Mr. Padilla, Mr. Booker, Mr. Bennet, Mr. Kennedy, Mr.
Gallego, Mr. Scott of Florida, Mr. Young, and Mr. Kelly) submitted an
amendment intended to be proposed by him to the bill S. 2296, to
authorize appropriations for fiscal year 2026 for military activities
of the
[[Page S5084]]
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title I, add the following:
Subtitle E--Fighter Force Preservation and Recapitalization
SEC. 151. SHORT TITLE.
This subtitle may be cited as the ``Fighter Force
Preservation and Recapitalization Act of 2025''.
SEC. 152. 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. 153. ANNUAL REPORT ON STATUS OF TOTAL FIGHTER AIRCRAFT
INVENTORY.
Section 9062 of title 10, United States Code, as amended by
section 152, 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. 154. RECAPITALIZATION PRIORITIZATION OF AIR FORCE
SERVICE-RETAINED FIGHTER FLEET.
Section 9062 of title 10, United States Code, as amended by
sections 152 and 153, 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. 155. PRESERVATION AND RECAPITALIZATION OF AIR NATIONAL
GUARD FIGHTER FLEET.
Section 9062 of title 10, United States Code, as amended by
sections 152 through 154, 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. 156. ANNUAL RECAPITALIZATION PLAN FOR AIR NATIONAL GUARD
FIGHTER FLEET.
Section 9062 of title 10, United States Code, as amended by
sections 152 through 155, 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);
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``(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. 157. DEFINITIONS.
Section 9062 of title 10, United States Code, as amended by
sections 152 through 156, 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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