I 
119TH CONGRESS 
1ST SESSION H. R. 1851 
To amend title 10, United States Code, to preserve and recapitalize the 
fighter aircraft capabilities of the Air Force and its reserve components, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2025 
Mr. BACON (for himself, Mr. CROW, Mr. BERGMAN, Ms. ELFRETH, Mr. 
JAMES, Ms. KAPTUR, Mr. HARRIS of Maryland, Mr. JOHNSON of South 
Dakota, and Mr. HOYER) introduced the following bill; which was re-
ferred to the Committee on Armed Services 
A BILL 
To amend title 10, United States Code, to preserve and 
recapitalize the fighter aircraft capabilities of the Air 
Force and its reserve components, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fighter Force Preser-
vation and Recapitalization Act of 2025’’. 
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SEC. 2. MINIMUM NUMBER OF FIGHTER AIRCRAFT IN THE 
AIR FORCE AND RESERVE COMPONENTS OF 
THE AIR FORCE. 
Section 9062(i) of title 10, United Stats 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 in-
serting ‘‘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 para-
graph (3); 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2)(A) Subject to subparagraphs (B) and (C), the 
Secretary of Defense may temporarily reduce the total air-
craft inventory required by paragraph (1) to enable recapi-
talization of units transitioning from one combat-coded 
mission fighter aircraft to a new combat-coded fighter air-
craft. 
‘‘(B) A temporary reduction authorized under sub-
paragraph (A) shall not— 
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‘‘(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 re-
quirement for notification under this subparagraph if the 
Secretary includes such notification in a fiscal-year quar-
terly report required by subsection (n).’’; and 
(4) in paragraph (3), as redesignated by para-
graph (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 inven-
tory’ means’’. 
SEC. 3. ANNUAL REPORT ON STATUS OF TOTAL FIGHTER 
AIRCRAFT INVENTORY. 
Section 9062 of title 10, United States Code, as 
amended by section 2, is further amended by adding at 
the end the following new subsection: 
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‘‘(n)(1) Not later than 90 days after the date of the 
enactment of the Fighter Force Preservation and Recapi-
talization Act of 2025, and at the end of each fiscal-year 
quarter thereafter through September 30, 2030, the Sec-
retary 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 es-
tablished by subsection (i). 
‘‘(2) Each report required by paragraph (1) shall in-
clude the following: 
‘‘(A) The overall number of new advanced capa-
bility fighter aircraft, fifth-generation fighter air-
craft, and next-generation air dominance fighter air-
craft 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. 
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‘‘(E) The distribution ratios of new fighter air-
craft 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-genera-
tion 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 de-
sign 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 associ-
ated 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 
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aircraft during the fiscal-year quarter covered by the 
report, including any delays, discrepancies, or other 
factors that may have impacted such receipt or as-
signment. 
‘‘(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 infor-
mation in the report is necessary, in which case the report 
may be submitted in classified form or with classified an-
nexes 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. 4. RECAPITALIZATION PRIORITIZATION OF AIR FORCE 
SERVICE-RETAINED FIGHTER FLEET. 
Section 9062 of title 10, United States Code, as 
amended by sections 2 and 3, is further amended by add-
ing 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 air-
craft, fifth-generation fighter aircraft, and next-generation 
air dominance fighter aircraft accepted by the Air Force, 
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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 air-
craft, fifth-generation fighter aircraft, or next-generation 
air dominance fighter aircraft assigned and delivered to 
a fighter aircraft squadron under paragraph (1), the Sec-
retary of the Air Force may retire a legacy capability 
fighter aircraft from that squadron on a one-for-one 
basis.’’. 
SEC. 5. PRESERVATION AND RECAPITALIZATION OF AIR 
NATIONAL GUARD FIGHTER FLEET. 
Section 9062 of title 10, United States Code, as 
amended by sections 2 through 4, 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 air-
craft squadrons of the Air National Guard, including 
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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 require-
ments of the possessing command and awaiting dis-
position 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 deter-
mines, on a case-by-case basis, to be no longer mission 
capable and uneconomical to repair because of aircraft ac-
cidents, mishaps, or excessive material degradation and 
non-airworthiness status of certain aircraft. 
‘‘(3) For each new advanced capability fighter air-
craft or fifth-generation fighter aircraft assigned and de-
livered to a fighter aircraft squadron maintained under 
paragraph (1)(A), the Secretary of the Air Force may re-
tire a legacy capability fighter aircraft from that squadron 
on a one-for-one basis. 
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‘‘(4) Section 2244a of this title shall not apply to the 
implementation of this subsection.’’. 
SEC. 6. ANNUAL RECAPITALIZATION PLAN FOR AIR NA-
TIONAL GUARD FIGHTER FLEET. 
Section 9062 of title 10, United States Code, as 
amended by sections 2 through 5, is further amended by 
adding at the end the following new subsection: 
‘‘(q)(1) The Secretary of the Air Force, in consulta-
tion 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 subsection; 
‘‘(B) provide a plan for recapitalization of all 
such squadrons at a similar rate as the fighter air-
craft 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 subpara-
graph (B) through October 1, 2030, disaggregated 
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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 recapitaliza-
tion plan proposed under subparagraph (B) were im-
plemented in accordance with the timeline estab-
lished under subparagraph (C); 
‘‘(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 contin-
gency 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 in-
cludes 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.’’. 
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SEC. 7. DEFINITIONS. 
Section 9062 of title 10, United States Code, as 
amended by sections 2 through 6, is further amended by 
adding at the end the following new subsection: 
‘‘(r) In this section: 
‘‘(1) The term ‘advanced capability fighter air-
craft’— 
‘‘(A) means any new production variant of 
an airframe type specified in paragraph (4), in-
cluding— 
‘‘(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 up-
graded version of a legacy capability fighter air-
craft. 
‘‘(2) The term ‘fifth-generation fighter aircraft’ 
means an F–22 aircraft or an F–35 aircraft. 
‘‘(3) The term ‘fighter aircraft’ means an air-
craft that— 
‘‘(A) is designated by a mission design se-
ries prefix of F– or A–; 
‘‘(B) includes one or two crewmembers on 
board the aircraft when in operation; and 
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‘‘(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 sup-
port, 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 air-
craft’ 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-autono-
mously in proximity; or 
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‘‘(ii) any other fighter aircraft ref-
erenced 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 Na-
tional Guard for operational, training, or ad-
ministrative purposes of the component con-
cerned; and 
‘‘(B) is not assigned to, or under the oper-
ational control of, a combatant command or 
joint task force.’’. 
Æ 
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