# National Defense Authorization Act for Fiscal Year 2010/Division A/Title I/Subtitle D
## SUBTITLE D — AIR FORCE PROGRAMS
### Sec. 131. Report on the procurement of 4.5 generation fighter aircraft.

    (a) In General.—
       Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the procurement of 4.5 generation fighter aircraft. The report shall include the following:
          (1) The number of 4.5 generation fighter aircraft needed to be procured during fiscal years 2011 through 2025 to fulfill the requirement of the Air Force to maintain not less than 2,200 tactical fighter aircraft.
          (2) The estimated procurement costs for those aircraft if procured through annual procurement contracts.
          (3) The estimated procurement costs for those aircraft if procured through multiyear procurement contracts.
          (4) The estimated savings that could be derived from the procurement of those aircraft through a multiyear procurement contract, and whether the Secretary determines the amount of those savings to be substantial.
          (5) A discussion comparing the costs and benefits of obtaining those aircraft through annual procurement contracts with the costs and benefits of obtaining those aircraft through a multiyear procurement contract.
          (6) A discussion regarding the availability and feasibility of procuring F-35 aircraft to proportionally and concurrently recapitalize the Air National Guard during fiscal years 2015 through fiscal year 2025.
    (b) 4.5 Generation Fighter Aircraft Defined.—
       In this section, the term “4.5 generation fighter aircraft” means current fighter aircraft, including the F-15, F-16, and F-18, that—
          (1) have advanced capabilities, including—
                (A) AESA radar;
                (B) high capacity data-link; and
                (C) enhanced avionics; and
          (2) have the ability to deploy current and reasonably foreseeable advanced armaments.

### Sec. 132. Revised availability of certain funds available for the F-22A fighter aircraft.

    (a) Repeal of Authority on Availability of Fiscal Year 2009 Funds.—
       Section 134 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4378) is repealed.
    (b) Availability of Advance Procurement Funds for Other F-22A Aircraft Modernization Priorities.—
       Subject to the provisions of appropriations Acts and applicable requirements relating to the transfer of funds, the Secretary of the Air Force may transfer amounts authorized to be appropriated for fiscal year 2009 by section 103(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4373) for aircraft procurement for the Air Force and available for advance procurement for the F-22A fighter aircraft within that subaccount or to other subaccounts for aircraft procurement for the Air Force for purposes of providing funds for other modernization priorities with respect to the F-22A fighter aircraft.

### Sec. 133. Preservation and storage of unique tooling for F-22 fighter aircraft.

    (a) Plan.—
       The Secretary of the Air Force shall develop a plan for the preservation and storage of unique tooling related to the production of hardware and end items for F-22 fighter aircraft. The plan shall—
          (1) ensure that the Secretary preserves and stores required tooling in a manner that—
                (A) allows the production of such hardware and end items to be restarted after a period of idleness; and
                (B) provides for the long-term sustainment and repair of such hardware and end items;
          (2) with respect to the supplier base of such hardware and end items, identify the costs of restarting production; and
          (3) identify any contract modifications, additional facilities, or funding that the Secretary determines necessary to carry out the plan.
    (b) Restriction on the Use of Funds.—
       None of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2010 for aircraft procurement, Air Force, for F-22 fighter aircraft may be obligated or expended for activities related to disposing of F-22 production tooling until a period of 45 days has elapsed after the date on which the Secretary submits to Congress a report describing the plan required by subsection (a).

### Sec. 134. AC-130 gunships.

    (a) Report on Reduction in Service Life in Connection With Accelerated Deployment.—
       Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Commander of the United States Special Operations Command, shall submit to the congressional defense committees an assessment of the reduction in the service life of AC-130 gunships of the Air Force as a result of the accelerated deployments of such gunships that are anticipated during the seven- to ten-year period beginning with the date of the enactment of this Act, assuming that operating tempo continues at a rate per year that is similar to the average rate per year of the five years preceding the date of the report.
    (b) Elements.—
       The report required by subsection (a) shall include the following:
          (1) An estimate by series of the maintenance costs for the AC-130 gunships during the period described in subsection (a), including any major airframe and engine overhauls of such aircraft anticipated during that period.
          (2) A description by series of the age, serviceability, and capabilities of the armament systems of the AC-130 gunships.
          (3) An estimate by series of the costs of modernizing the armament systems of the AC-130 gunships to achieve any necessary capability improvements.
          (4) A description by series of the age and capabilities of the electronic warfare systems of the AC-130 gunships, and an estimate of the cost of upgrading such systems during that period to achieve any necessary capability improvements.
          (5) A description by series of the age of the avionics systems of the AC-130 gunships and an estimate of the cost of upgrading such systems during that period to achieve any necessary capability improvements.
    (c) Form.—
       The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
    (d) Analysis of Alternatives.—
       The Secretary of the Air Force, in consultation with the Commander of the United States Special Operations Command, shall conduct an analysis of alternatives for any gunship modernization requirements identified by the 2009 quadrennial defense review under section 118 of title 10, United States Code. The results of the analysis of alternatives shall be provided to the congressional defense committees not later than 18 months after the completion of the 2009 quadrennial defense review.

### Sec. 135. Report on E-8C Joint Surveillance and Target Attack Radar System re-engining.

    (a) In General.—
       Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on replacing the engines of E-8C Joint Surveillance and Target Attack Radar System aircraft (in this section referred to as “Joint STARS aircraft”). The report shall include the following:
          (1) An assessment of funding alternatives and options for accelerating funding for the fielding of Joint STARS aircraft with replaced engines.
          (2) An analysis of the tradeoffs involved in the decision to replace the engines of Joint STARS aircraft or not to replace those engines, including the potential cost savings from replacing those engines and the operational impacts of not replacing those engines.
          (3) An identification of the optimum path forward for replacing the engines of Joint STARS aircraft and modernizing the Joint STARS fleet.
    (b) Limitation on Certain Actions.—
       The Secretary of the Air Force may not take any action that would adversely impact the pace of the execution of the program to replace the engines of Joint STARS aircraft before submitting the report required by subsection (a).

### Sec. 136. Repeal of requirement to maintain certain retired C-130E aircraft.

    Section 134 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 31) is amended—
          (1) by striking subsection (c);
          (2) by redesignating subsection (d) as subsection (c); and
          (3) in subsection (b), by striking “subsection (d)” and inserting “subsection (c)”.

### Sec. 137. Limitation on retirement of C-5 aircraft.

    (a) Limitation.—
       The Secretary of the Air Force may not proceed with a decision to retire C-5A aircraft from the active inventory of the Air Force in any number that would reduce the total number of such aircraft in the active inventory below 111 until—
          (1) the Air Force has modified a C-5A aircraft to the configuration referred to as the Reliability Enhancement and Reengining Program (RERP) configuration, as planned under the C-5 System Development and Demonstration program as of May 1, 2003; and
          (2) the Director of Operational Test and Evaluation of the Department of Defense—
                (A) conducts an operational evaluation of that aircraft, as so modified; and
                (B) provides to the Secretary of Defense and the congressional defense committees an operational assessment.
    (b) Operational Evaluation.—
       An operational evaluation for purposes of paragraph (2)(A) of subsection (a) is an evaluation, conducted during operational testing and evaluation of the aircraft, as so modified, of the performance of the aircraft with respect to reliability, maintainability, and availability and with respect to critical operational issues.
    (c) Operational Assessment.—
       An operational assessment for purposes of paragraph (2)(B) of subsection (a) is an operational assessment of the program to modify C-5A aircraft to the configuration referred to in subsection (a)(1) regarding both overall suitability and deficiencies of the program to improve performance of the C-5A aircraft relative to requirements and specifications for reliability, maintainability, and availability of that aircraft as in effect on May 1, 2003.
    (d) Additional Limitations on Retirement of Aircraft.—
       The Secretary of the Air Force may not retire C-5 aircraft from the active inventory as of the date of the enactment of this Act until the later of the following:
          (1) The date that is 90 days after the date on which the Director of Operational Test and Evaluation submits the report referred to in subsection (a)(2)(B).
          (2) The date that is 90 days after the date on which the Secretary submits the report required under subsection (e).
          (3) The date that is 30 days after the date on which the Secretary certifies to the congressional defense committees that—
                (A) the retirement of such aircraft will not increase the operational risk of meeting the National Defense Strategy; and
                (B) the retirement of such aircraft will not reduce the total strategic airlift force structure below 316 strategic airlift aircraft.
    (e) Report on Retirement of Aircraft.—
       The Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following:
          (1) The rationale for the retirement of existing C-5 aircraft and a cost-benefit analysis of alternative strategic airlift force structures, including the force structure that would result from the retirement of such aircraft.
          (2) An updated assessment to the assessment of the Under Secretary for Acquisition, Technology, and Logistics certified on February 14, 2008, concerning the costs and benefits of applying the Reliability Enhancement and Re-engining Program (RERP) modification to the entire the C-5A aircraft fleet.
          (3) An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of operating a mix of C-5A aircraft and C-5M aircraft.
          (4) An assessment of the costs and benefits of increasing the number of C-5 aircraft in Back-up Aircraft Inventory (BAI) status as a hedge against future requirements of such aircraft.
          (5) An assessment of the costs, benefits, and implications of transferring C-5 aircraft to United States flag carriers operating in the Civil Reserve Air Fleet (CRAF) program or to coalition partners in lieu of the retirement of such aircraft.
          (6) Such other matters relating to the retirement of C-5 aircraft as the Secretary considers appropriate.

### Sec. 138. Reports on strategic airlift aircraft.

    At least 90 days before the date on which a C-5 aircraft is retired, the Secretary of the Air Force, in consultation with the Director of the Air National Guard, shall submit to the congressional defense committees a report on the proposed force structure and basing of strategic airlift aircraft (as defined in section 8062(g)(2) of title 10, United States Code). Each report shall include the following:
          (1) A list of each aircraft in the inventory of strategic airlift aircraft, including for each such aircraft—
                (A) the type;
                (B) the variant; and
                (C) the military installation where such aircraft is based.
          (2) A list of each strategic airlift aircraft proposed for retirement, including for each such aircraft—
                (A) the type;
                (B) the variant; and
                (C) the military installation where such aircraft is based.
          (3) A list of each unit affected by a proposed retirement listed under paragraph (2) and how such unit is affected.
          (4) For each military installation listed under paragraph (2)(C), changes, if any, to the mission of the installation as a result of a proposed retirement.
          (5) Any anticipated reductions in manpower as a result of a proposed retirement listed under paragraph (2).

### Sec. 139. Strategic airlift force structure.

    Subsection (g)(1) of section 8062 of title 10, United States Code, is amended—
          (1) by striking “2008” and inserting “2009”; and
          (2) by striking “299” and inserting “316”.