S. 4374

119 S4374 IS: Airpower Acceleration Act of 2026
 U.S. Senate
 2026-04-22
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 II  119th CONGRESS  2d Session  S. 4374  IN THE SENATE OF THE UNITED STATES   April 22, 2026   Mr. Budd  (for himself,  Mrs. Shaheen ,  Mr. King ,  Mr. Schmitt ,  Mr. Sheehy ,  Mr. Rounds , and  Mr. Cramer ) introduced the following bill; which was read twice and referred to the  Committee on Armed Services    A BILL
To authorize the Secretary of Defense to enter into multiyear contracts for the procurement of F–35 and F–15EX aircraft, and for other purposes.
1.
Short title
This Act may be cited as the   Airpower Acceleration Act of 2026  .
2.
Multiyear procurement authority for F–35 and F–15EX aircraft
(a)
Multiyear procurement authority
Subject to section 3501 of title 10, United States Code, except as provided in this section, the Secretary of Defense may enter into one or more multiyear contracts for the procurement of F–35A, F–35B, F–35C, and F–15EX aircraft.
(b)
Findings requirements
(1)
In general
A contract described in subsection (a) is deemed to meet the requirements of section 3501(a) of such title.
(2)
Request
Section 3501(i)(2) of such title shall not apply for purposes of this Act.
(3)
Report
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report with respect to contracts described in subsection (a) containing preliminary findings of the agency head described in paragraphs (1) through (6) of section 3501(a) of such title, together with the basis for such findings.
(c)
Advance procurement
(1)
In general
The Secretary of Defense may enter into one or more contracts for advance procurement of key components of F–35A, F–35B, F–35C, and F–15EX aircraft in economic order quantities.
(2)
Certification
The Secretary of Defense shall include in any certification submitted under section 3501(i)(3) of such title a description of the specific components the Secretary intends to procure under the authority provided by paragraph (1).
(d)
Sense of Congress
It is the sense of Congress that the implementation of section 3501(d) of such title is important to ensuring that all subcontractors, vendors, and suppliers promptly receive funds in order to supercharge the defense industrial base.
3.
Modification of inventory requirements for Air Force fighter aircraft
(a)
In general
Subsection (i) of section 9062 of title 10, United States Code, is amended to read as follows:
(i)
(1)
The Secretary of the Air Force shall—
(A)
during the period beginning on October 1, 2026, and ending on October 1, 2035, maintain a total aircraft inventory of fighter aircraft of not less than 1,800 aircraft; and
(B)
maintain a total aircraft inventory of combat-coded fighter aircraft of—
(i)
not less than 1,369 aircraft by December 31, 2030; and
(ii)
not less than 1,558 aircraft by December 31, 2035.
(2)
In this subsection:
(A)
The term  fighter aircraft —
(i)
means an aircraft that—
(I)
is designated by a mission design series prefix of F– or A–;
(II)
is manned by one or two crewmembers; and
(III)
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; and
(ii)
does not include collaborative combat aircraft.
(B)
The term  primary mission aircraft inventory  means aircraft assigned to meet the primary aircraft authorization to a unit for the performance of its wartime mission.
(C)
The term  total aircraft inventory of combat-coded fighter aircraft  means the total inventory of combat-coded fighter aircraft the Air Force possesses, including in—
(i)
the primary mission aircraft inventory;
(ii)
the backup aircraft inventory; and
(iii)
the attrition reserve.
 .
(b)
Effective date
The amendment made by subsection (a) shall take effect on October 1, 2026.
4.
F–15EX aircraft fleet
(a)
Authority
Subject to subsection (b), the Secretary of the Air Force may increase the size of the F–15EX aircraft fleet from 129 to 329 F–15EX aircraft.
(b)
Condition
The Secretary of the Air Force shall use any F–15EX aircraft procured after the first 129 aircraft under the authority provided by subsection (a) exclusively for the purpose of recapitalizing the F–15E aircraft fleet of the Air Force.