Requirements relating to divestment, preservation, and inventories of A–10 aircraft

(a) Limitation on divestment of A–10 aircraft (1) Limitation None of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2027 through 2033 for the Department of Defense may be obligated or expended to retire, divest, or place in storage any A–10 aircraft in a manner that would reduce the total A–10 inventory, including combat-coded, training-coded, test-coded, and backup aircraft, below the level necessary to sustain operational employment, pilot production, operational test, and demonstration requirements through fiscal year 2033. (2) Minimum inventory requirement and fleet composition (A) In general In fiscal year 2027 and each subsequent fiscal year, the Secretary of the Air Force shall maintain in the inventory of the Air Force the greater of— (i) 126 A–10 aircraft; or (ii) such higher number of A–10 aircraft as the Secretary determines appropriate. (B) Fleet composition The A–10 aircraft fleet, as described in subparagraph (A), shall consist of not fewer than— (i) four active units operating under a designed operational capability statement and Ready Aircrew Program tasking memorandum in which close air support, forward air controller-airborne, and combat search and rescue support, including the Sandy mission, are primary missions; or (ii) five units drawn from the active duty, Air National Guard, or Air Force Reserve operating under designed operational capability statements and Ready Aircrew Program tasking memorandums in which close air support, forward air controller-airborne, and combat search and rescue support, including the Sandy mission, are primary missions. (3) Prohibition on presumptive reductions None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 or any subsequent fiscal year for the Department of Defense may be obligated or expended to reduce, eliminate, deactivate, or fail to restore unit personnel, pilot training capacity, operational test capacity, depot maintenance capacity, or weapon system sustainment activities for A–10 aircraft in a manner that presumes future congressional authority to divest such aircraft. (4) Reconstitution of previously reduced capacity With respect to any instance occurring after October 1, 2025, and before the date of the enactment of this Act, in which the Department of the Air Force reduced, eliminated, deactivated, or transferred depot maintenance capacity, sustainment functions, training functions, or operational test functions for the A–10 fleet in anticipation of divestment or planned retirement of such aircraft, the Secretary of the Air Force shall, not later than 90 days after the date of the enactment of this Act, submit to the congressional defense committees a plan to restore or reconstitute sufficient capacity to carry out this section and maintain the operational viability of the A–10 fleet through fiscal year 2033. (b) Certification of fully capable replacement before further divestment of A–10 aircraft (1) Certification required The Secretary of Defense may waive one or more of the requirements under subsection (a) with respect to a fiscal year only if the Secretary certifies to the congressional defense committees that a fully capable replacement for the A–10 aircraft fleet has achieved full operational capability. (2) Elements The certification required under subsection (a) shall include the following: (A) A determination that the replacement aircraft or combination of systems— (i) is operationally fielded and available for tasking; (ii) includes the qualified pilots, maintainers, and support personnel necessary to perform the missions currently assigned to the A–10 fleet and to satisfy the requirements of clauses (iv) and (v); (iii) includes the training, sustainment, depot, and infrastructure capacity necessary to support continued operations; (iv) is capable of performing combat search and rescue support, including the Sandy mission and Rescue Mission Commander role, forward air controller-airborne, close air support, personnel recovery support, and armed overwatch at a level necessary to satisfy the documented requirements of supported forces in operational plans, taskings, and the concurrence required under subparagraph (E); and (v) has demonstrated the ability to provide persistent armed overwatch, air-ground integration, and survivability characteristics appropriate to the missions for which the A–10 is currently employed. (B) A detailed crosswalk identifying the specific aircraft, systems, units, or combinations thereof that the Secretary of Defense determines will replace the principal operational effects historically provided by the A–10 fleet. The crosswalk shall address, at a minimum— (i) combat search and rescue support, including the Sandy mission and Rescue Mission Commander role; (ii) forward air controller-airborne functions; (iii) close air support persistence and responsiveness for forces in contact; (iv) armed overwatch and air-ground integration in dynamic land and maritime targeting environments; (v) survivability and mission effectiveness in the operational environments for which the A–10 is currently employed; and (vi) the training, sustainment, and manning structure necessary to generate and employ such replacement capability. (C) A cost-comparison and mission demand analysis that weighs the cost per operational hour and demands on other airframes and personnel to fill the A–10 mission set versus such costs and demands assuming the continued employment of A–10 aircraft. (D) An outline of the steps and timeline for the hand-off of A–10 missions and any plans to create, adapt, and train on those missions and close air support, combat search and rescue, and rescue mission commander functions and doctrines. (E) The written concurrence of— (i) the Secretary of the Army, with respect to whether the replacement aircraft or combination of systems is sufficient to meet the Army’s requirements for the A–10 mission set; (ii) the Secretary of the Navy, acting through the Commandant of the Marine Corps, with respect to whether the replacement aircraft or combination of systems is sufficient to meet the Marine Corps requirements for the A–10 mission set, including tactical recovery of aircraft and personnel requirements; and (iii) the Commander of United States Special Operations Command, with respect to whether the replacement aircraft or combination of systems is sufficient to support special operations requirements for the A–10 mission set. (F) From each official specified in subparagraph (E), a written determination as to whether the replacement aircraft or combination of systems is sufficient to support combat search and rescue support, including the Sandy mission and Rescue Mission Commander role, where applicable to the supported force. (3) Treatment of replaced missions For purposes of paragraph (2), a mission may not be treated as replaced merely because it is listed as a secondary, collateral, or additional mission of a platform or unit whose designed operational capability statement or Ready Aircrew Program tasking memorandum is principally oriented toward a primary mission. (4) Briefing Not later than 30 days before submitting a certification under subsection (a), the Secretary of Defense shall provide to the congressional defense committees a briefing on the basis and findings of such certification. (c) Preservation of certain retired A–10 aircraft for recoverability, contingency use, and potential foreign military transfer (1) Preservation requirement Except as provided in paragraph (6), the Secretary of the Air Force shall preserve each covered A–10 aircraft retired during or after fiscal year 2027 in a condition that enables such aircraft to be reconstituted for operational use, contingency use, training, testing, heritage demonstration, or transfer to an eligible foreign partner. (2) Minimum preservation standard The Secretary of the Air Force shall ensure that each covered A–10 aircraft preserved under paragraph (1)— (A) is maintained in a recoverable storage condition; (B) retains all major systems, mission equipment, and structural components necessary to permit return to service, reconstitution for training or operational use, or preparation for transfer to an eligible foreign partner; (C) is not demilitarized, mutilated, or otherwise altered in a manner that would unreasonably impair its recoverability or future transferability; (D) retains, to the maximum extent practicable, records relating to flying hours, service life consumption, structural condition, modifications, maintenance history, and combat or operational use; and (E) remains identifiable by tail number and preservation status in the inventory and storage records of the Department of the Air Force. (3) Prohibition on cannibalization and parting out Except as provided in paragraph (6), no covered A–10 aircraft preserved under this subsection may be cannibalized, parted out, or used as a source of spare parts if such aircraft— (A) has received wing replacement or service-life extension modifications; (B) retains projected flying hours exceeding the threshold specified in paragraph (9)(B); or (C) has been identified by the Secretary of the Air Force as a viable candidate for reconstitution, contingency activation, foreign military sale, foreign military financing-supported transfer, or other security cooperation purpose. (4) Limitation on final induction or irreversible processing pending roadmap (A) In general Until the date on which the Secretary of the Air Force submits to the congressional defense committees a roadmap for the sustainment of the A–10 aircraft fleet and related capabilities, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2027 through 2033 for the Department of Defense may be obligated or expended— (i) to place any retired or retiring A–10 aircraft into a storage, reclamation, excess, or disposal status at the 309th Aerospace Maintenance and Regeneration Group in a manner that would materially impair the recoverability, reconstitution, training use, testing use, heritage demonstration use, or potential foreign transfer of such aircraft, including placement into any category of storage or processing that is equivalent in effect to nonrecoverable reclamation, excess disposal, or broad parts-harvest status; or (ii) to take any other covered action with respect to an A–10 aircraft. (B) Covered actions For purposes of subparagraph (A), a covered action includes— (i) categorization of an A–10 aircraft in a manner equivalent to parts reclamation or excess disposal status; (ii) downgrading an A–10 aircraft from a recoverable or inviolate storage status; (iii) demilitarization, mutilation, or cannibalization of an A–10 aircraft; (iv) removal of major systems, mission equipment, structural components, or other items in a manner that would materially reduce the future utility of the aircraft; or (v) any other induction, storage, or processing decision that presumes disposal, reclamation, or nonrecoverable status before completion of the roadmap required under subparagraph (A). (C) Temporary custody and recoverable storage pending roadmap Nothing in this paragraph shall be construed to prohibit temporary custody, movement, inspection, preservation, or placement of an A–10 aircraft into a recoverable storage condition pending submission of the roadmap required under subparagraph (A). During the period described in such subparagraph, any A–10 aircraft transferred to the 309th Aerospace Maintenance and Regeneration Group shall, to the maximum extent practicable, be maintained only in a recoverable storage status and may not be processed into a reclamation or excess disposal status. (D) Roadmap The roadmap required under subparagraph (A) shall include, at a minimum, a contingency plan for keeping the total A–10 inventory at the level necessary to sustain operational employment, pilot production, operational test, and demonstration requirements through fiscal year 2037. Such plan shall include— (i) identified decision points; and (ii) an assessment of the cost and reconstitution impacts that would result if the Secretary of the Air Force retroactively decided to reconstitute and sustain the A–10 aircraft mission following its termination. (5) Priority for Arizona storage and recoverability To the maximum extent practicable, the Secretary of the Air Force shall preserve covered A–10 aircraft required to be retained under this section at Davis-Monthan Air Force Base, Arizona, or at another facility capable of maintaining such aircraft in recoverable storage status. (6) Exception The Secretary of the Air Force may waive the requirements of paragraphs (1) through (5) with respect to a specific covered A–10 aircraft only if the Secretary certifies in writing to the congressional defense committees that— (A) the aircraft is no longer airworthy or structurally viable for economical recovery, training use, testing use, heritage use, or foreign transfer; (B) the aircraft is not reasonably required for contingency reserve capacity, training support, operational testing, heritage demonstration, or security cooperation purposes; and (C) disposal or cannibalization of the aircraft will not materially reduce the Department’s ability to reconstitute A–10 capacity, preserve representative aircraft with significant remaining service life, or support a potential foreign military transfer or sale. (7) Reports Not later than 90 days after the date of the enactment of this Act, and annually thereafter through September 30, 2033, the Secretary of the Air Force shall submit to the congressional defense committees a report on covered A–10 aircraft. Each report shall include— (A) the number of aircraft retired, stored, preserved, cannibalized, transferred, or disposed of during the preceding year; (B) the number of preserved aircraft that received wing replacement or wing upgrade modifications; (C) the projected remaining flying hours of each preserved aircraft, or by category if necessary for security or administrative reasons; (D) the status of preservation and recoverability actions for each such aircraft; (E) any aircraft assessed as viable candidates for foreign military sale, transfer, training use, operational test use, or contingency activation; (F) any waiver exercised under paragraph (6), including the justification for such waiver; (G) the tail numbers, current location, and current storage or preservation status of all A–10 aircraft that, as of the date of the enactment of this Act, are retired, retiring, transferred to, or pending transfer to the 309th Aerospace Maintenance and Regeneration Group; (H) identification of which such aircraft have received wing replacement or wing upgrade modifications; (I) identification of which such aircraft are assessed as retaining projected flying hours exceeding the threshold specified in paragraph (9)(B); and (J) identification of which such aircraft are assessed as viable candidates for reconstitution, contingency activation, training use, test use, heritage demonstration, or foreign military sale or transfer. (8) Rule of construction Nothing in this subsection shall be construed to require the Secretary of the Air Force to return any aircraft to active service or to transfer any aircraft to a foreign country in violation of other applicable provisions of law, export control requirements, end-use monitoring requirements, or national security considerations. (9) Covered A–10 aircraft defined In this subsection, the term covered A–10 aircraft means an A–10 aircraft that, as of the date on which the aircraft is proposed for retirement, transfer, or placement into storage— (A) has received wing replacement or wing upgrade modifications intended to extend the service life of the aircraft; (B) retains not fewer than 1,500 projected flying hours of remaining service life, as determined by the Secretary of the Air Force using the most current structural and airworthiness data available; or (C) is assessed by the Secretary of the Air Force, in consultation with the Secretary of Defense, as a viable candidate for reconstitution, contingency activation, security cooperation use, foreign military sale, or transfer under the Arms Export Control Act or any other provision of law.