March 25, 2025
Mr. James (for himself and Mr. Davis of North Carolina) introduced the following bill; which was referred to the Committee on Armed Services
To require the Secretary of the Air Force to take steps to ensure the continued production and procurement of advanced capability fighter aircraft and fifth generation fighter aircraft until the fighter units of the Air National Guard are fully recapitalized, and for other purposes.
Section 1. Short title
This Act may be cited as the Air National Guard Squadron Preservation Act of 2025
.
Sec. 2. Statement of policy
It is the policy of the United States to maintain the capabilities, experience, and strength of the Total Fighter Force needed to confront any threats by ensuring that the service retain force structure through the fighter aircraft squadrons across the Air National Guard are fully recapitalized.
Sec. 3. Recapitalization of Air National Guard fighter fleet
(a) Plan for sustainment and recapitalization of Air National Guard fighter fleet
Section 154(b)(2) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159) is amended by inserting , fifth generation fighter aircraft,
after legacy capability fighter aircraft
.
(b) Procurement of fighter aircraft
(1) In general
The Secretary of the Air Force shall take such steps as may be necessary to ensure the continued production and procurement of at least one model of advanced capability fighter aircraft and at least one model of fifth generation fighter aircraft until the date on which the Secretary certifies to the congressional defense committees that the Secretary has replaced all legacy capability fighter aircraft within each covered Air National Guard fighter unit with an advanced capability fighter aircraft or fifth generation fighter aircraft.
(2) Contracts
For purposes of fulfilling the requirements of paragraph (1), the Secretary shall—
(A)
seek to enter into a contract for the procurement of advanced capability fighter aircraft and fifth generation fighter aircraft; or
(B)
modify a contract to provide for the procurement of additional advanced capability fighter aircraft and fifth generation fighter aircraft.
(3) GAO review and report
(A) Review
The Comptroller General of the United States shall conduct a review of advanced capability fighter aircraft. Such review shall include—
(i)
an assessment of any challenges to the procurement of such aircraft by the Secretary; and
(ii)
recommendations on how to solve such challenges.
(B) Briefing
Not later than one year after the date of the enactment of this Act, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the review conducted under subparagraph (A).
(C) Report
Not later than 30 days after the Comptroller General provides a briefing under subparagraph (B), the Comptroller General shall submit to the congressional defense committees a final report on the review conducted under subparagraph (A).
(4) Report on progress
Not later than 180 days after the Comptroller General provides a report under paragraph (3)(C) and on an annual basis thereafter, the Secretary shall submit to the congressional defense committees a report on the progress of the Secretary in—
(A)
implementing the recommendations of the Comptroller General issued pursuant to paragraph (3); and
(B)
replacing the legacy capability fighter aircraft within each covered Air National Guard fighter unit with an advanced capability fighter aircraft, fifth generation fighter aircraft, or next-generation air dominance fighter aircraft.
(c) Feasibility study on advanced capability fighter aircraft
(1) Study
The Secretary, in consultation with the Director of the Air National Guard, shall conduct a study to determine the need for procuring advanced capability fighter aircraft for use by the active and reserve components of the Air Force.
(2) Elements
The study under paragraph (1) shall—
(A)
take into account any plans of the Secretary to implement unmanned or autonomous capabilities in any fighter aircraft of the active or reserve components of the Air Force;
(B)
calculate any cost savings in long-lead time, supply chain acquisition, and labor attributed to any sales of the Block 70/72 variant or later variant of the F–16 fighter aircraft by the military of a foreign country;
(C)
identify which reserve and active fighter units of the Air Force would be eligible for recapitalization with advanced capability fighter aircraft;
(D)
identify how advanced capability fighter aircraft would meet steady state and contingency force presentation and mission requirements of combatant commanders; and
(E)
identify whether a multiyear contract would be the best method for acquiring advanced capability fighter aircraft.
(3) Report
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the findings of the study conducted pursuant to this subsection.
(d) Definitions
In this Act:
(1)
The term advanced capability fighter aircraft means a Block 70/72 variant or later variant of the F–16 fighter aircraft, an F–15EX fighter aircraft, any future variant of such fighter aircraft, or any other more advanced capability fighter aircraft (other than a fifth generation fighter aircraft) identified by the Secretary.
(2)
The term congressional defense committees has the meaning given such term in section 101(a)(16) of title 10, United States Code.
(3)
The term covered Air National Guard fighter unit means any fighter unit of the Air National Guard with respect to which the Secretary has not commenced or completed the process of replacing the legacy capability fighter aircraft of such unit with advanced capability fighter aircraft or fifth generation fighter aircraft as of the date of the enactment of this Act.
(4)
The term fifth generation has the meaning given such term in section 154(d)(2) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159).
(5)
The term fighter aircraft has the meaning given such term in section 9062(i)(2) of title 10, United States Code.
(6)
The term legacy capability fighter aircraft—
(A)
has the meaning given such term in section 154(d)(4) of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118–159); and
(B)
does not include the Block 70/72 variant of the F–16 fighter aircraft.