10 U.S.C. § 9062: Policy; composition; aircraft authorization

preserving the peace and security, and providing for the defense, of the United States, the Commonwealths and possessions, and any areas occupied by the United States; supporting the national policies; implementing the national objectives; and overcoming any nations responsible for aggressive acts that imperil the peace and security of the United States. There is a United States Air Force within the Department of the Air Force. In general, the Air Force includes aviation forces both combat and service not otherwise assigned. It shall be organized, trained, and equipped primarily for prompt and sustained offensive and defensive air operations. It is responsible for the preparation of the air forces necessary for the effective prosecution of war except as otherwise assigned and, in accordance with integrated joint mobilization plans, for the expansion of the peacetime components of the Air Force to meet the needs of war. the Regular Air Force, the Air National Guard of the United States, the Air National Guard while in the service of the United States, and the Air Force Reserve; all persons appointed or enlisted in, or conscripted into, the Air Force without component; and all Air Force units and other Air Force organizations, with their installations and supporting and auxiliary combat, training, administrative, and logistic elements; and all members of the Air Force, including those not assigned to units; necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency. Subject to subsection (f) of this section, chapter 911 of this title, and the strength authorized by law pursuant to section 115 of this title , the authorized strength of the Air Force is 70 Regular Air Force groups and such separate Regular Air Force squadrons, reserve groups, and supporting and auxiliary regular and reserve units as required. There are authorized for the Air Force 24,000 serviceable aircraft or 225,000 airframe tons of serviceable aircraft, whichever the Secretary of the Air Force considers appropriate to carry out this section. This subsection does not apply to guided missiles. Effective October 1, 2011 , the Secretary of the Air Force shall maintain a total aircraft inventory of strategic airlift aircraft of not less than 301 aircraft. Effective on the date that is 45 days after the date on which the report under section 141(c)(3) of the National Defense Authorization Act for Fiscal Year 2013 is submitted to the congressional defense committees, the Secretary shall maintain a total aircraft inventory of strategic airlift aircraft of not less than 275 aircraft. that has a cargo capacity of at least 150,000 pounds; and that is capable of transporting outsized cargo an unrefueled range of at least 2,400 nautical miles. The term “outsized cargo” means any single item of equipment that exceeds 1,090 inches in length, 117 inches in width, or 105 inches in height. Repealed. Pub. L. 116–283, div. A, title I, § 132(b) , Jan. 1, 2021 , 134 Stat. 3430 .] During the period beginning on October 1, 2017 , and ending on October 1, 2026 , the Secretary of the Air Force shall maintain a total aircraft inventory of fighter aircraft of not less than 1,800 aircraft, and a total primary mission aircraft inventory (combat-coded) of not less than 1,145 fighter aircraft. is designated by a mission design series prefix of F– or A–; is manned by one or two crewmembers; and 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. 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. of not less than 466 aircraft during the period ending on September 30, 2026 ; of not less than 478 aircraft during the period beginning on October 1, 2026 , and ending on September 30, 2027 ; of not less than 490 aircraft during the period beginning on October 1, 2027 , and ending on September 30, 2028 ; and of not less than 502 aircraft beginning on October 1, 2028 . the Secretary certifies to the congressional defense committees that such reduction is justified by the results of the mobility capability and requirements study conducted under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ); and a period of 30 days has elapsed following the date on which the certification is made to the congressional defense committees under subparagraph (A). In the case of a KC–135 aircraft that is replaced in the aircraft inventory by a KC–46 aircraft, the Secretary of the Air Force may reassign the KC–135 aircraft to any Air Refueling Wing that has the capacity to expand its aircraft inventory to include such reassigned aircraft. In determining whether an Air Refueling Wing has the capacity to so expand its inventory, the Secretary shall consider, among other things, the capacity of the Air Refueling Wing to man the additional aircraft and support pilot training requirements for the additional aircraft. The term “air refueling tanker aircraft” means an aircraft that has as its primary mission the refueling of other aircraft. The term “total aircraft inventory” means aircraft authorized to a flying unit for operations or training. retire an F–22 aircraft; reduce funding for unit personnel or weapon system sustainment activities for F–22 aircraft in a manner that presumes future congressional authority to divest such aircraft; keep an F–22 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as “XJ” status); or decrease the total aircraft inventory of F–22 aircraft below 184 aircraft. The prohibition under paragraph (1) shall not apply to individual F–22 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft. From the beginning of the covered period through the end of fiscal year 2026, the Secretary may not retire any F–15E aircraft. In fiscal year 2027, the Secretary may not retire more than 21 F–15E aircraft. In fiscal year 2028, the Secretary may not retire more than 30 F–15E aircraft. reduce funding for unit personnel or weapon system sustainment activities for retained F–15E aircraft in a manner that presumes future congressional authority to divest such aircraft; or keep an F–15E aircraft (other than an aircraft identified for retirement under paragraph (1)) in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as “XJ” status). In this subsection, the term “covered period” means the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026 and ending on September 30, 2030 . retire an RQ–4 aircraft; reduce funding for unit personnel or weapon system sustainment activities for RQ–4 aircraft in a manner that presumes future congressional authority to divest such aircraft; keep an RQ–4 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as “XJ” status); or decrease the total aircraft inventory of RQ–4 aircraft below 10 aircraft. The prohibition under paragraph (1) shall not apply to individual RQ–4 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft. The Secretary of the Air Force shall maintain a total inventory of intercontinental ballistic missiles sufficient to ensure that not fewer than 400 such missiles are operationally available. Francis E. Warren Air Force Base, Laramie County, Wyoming. Malmstrom Air Force Base, Cascade County, Montana. Minot Air Force Base, Ward County, North Dakota. In this subsection, the term “intercontinental ballistic missile” means any combination of the LGM–30G Minuteman III intercontinental ballistic missile or the LGM–35A Sentinel intercontinental ballistic missile. reverse the declining rates of aircraft readiness; improve the effectiveness of aircraft sustainment, including by addressing maintenance backlogs, supply shortages of aircraft parts, and depot capacity constraints; and ensure more accurate readiness reporting; and recommendations for any relevant legislative actions. Not later than one year after the date of the enactment of this Act [ Dec. 18, 2025 ], the Secretary of the Air Force shall implement the proposed actions identified in the report required under subsection (a). Not later than 30 days after the date on which the Secretary of the Air Force implements the proposed actions under subsection (b), and annually thereafter for each of the subsequent three years, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the status of the implementation of such actions. Each report required to be submitted under this section shall be submitted in unclassified form, but may include a classified annex.” During the period beginning on the date of the enactment of this Act [ Jan. 1, 2021 ] and ending on October 1, 2025 , the Secretary of the Air Force shall, except as provided in paragraph (2), maintain not less than 92 bomber aircraft based on the Primary Mission Aircraft Inventory (PMAI) of the Air Force. The Secretary may reduce the number of aircraft required by the Primary Mission Aircraft Inventory below the number specified in paragraph (1) if the Secretary determines, on a case-by-case basis, that a bomber aircraft is no longer to be so required because such aircraft is no longer mission capable due to mishap or other damage, or being uneconomical to repair. shall preserve four B–1 aircraft that are retired pursuant to subsection (a), in a manner that ensures the components and parts of each such aircraft are maintained in reclaimable condition that is consistent with type 2000 recallable storage, or better; and may not reduce the number of billets assigned to maintenance of B–1 aircraft in effect on January 1, 2020 .” A detailed rationale for the retirement of existing fighter aircraft and a detailed operational analysis of the portfolio of capabilities of the Air Force that demonstrates performance of the designated mission at an equal or greater level of effectiveness as the retiring aircraft. An assessment of the implications for the Air Force, the Air National Guard, and the Air Force Reserve of the force mix ratio of fighter aircraft and how existing aircraft inventory levels and unit personnel levels for the active and reserve components are proposed to change during the fiscal year in which fighter aircraft will be retired. the requirements of the National Defense Strategy and combatant commanders; and operational plans for major contingency operations and steady-state or rotational operations. Such other matters relating to the retirement of fighter aircraft as the Secretary considers appropriate. Each report required under paragraph (1) shall be included in the materials submitted in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31 , United States Code) for the fiscal year in which applicable decrease in fighter aircraft inventory levels is expected to occur. In this section, the term ‘fighter aircraft’ has the meaning given the term in subsection (i)(2)(A) of section 9062 of title 10 , United States Code, as added by subsection (a) of this section.” The Secretary of the Air Force shall transition the Air Force to an organizational model for all Air Force remotely piloted aircraft that uses a significant number of enlisted personnel as operators of such aircraft rather than officers only. For the regular component of the Air Force, the transition required by subsection (a) shall be completed not later than September 30, 2020 . For the Air Force Reserve and Air National Guard, the transition required by subsection (a) shall be completed not later than September 30, 2023 . Training infrastructure for enlisted personnel operating Air Force remotely piloted aircraft. Supervisory roles for officers and senior enlisted personnel for enlisted personnel operating Air Force remotely piloted aircraft. The objectives of the transition. The timeline of the transition. The resources required to implement the transition. Recommendations for any legislation action required to implement the transition. The assumptions used to complete the transition. Risks associated with implementing the transition. Not later than March 1, 2018 , and each March 1 thereafter until the transition required by subsection (a) is completed, the Secretary shall submit to the committees referred to in paragraph (1) a report on the progress of the Air Force in implementing the plan required under that paragraph and in achieving the transition required by subsection (a).” The number of and type of aircraft to be transferred. the schedule under which the aircraft will be returned to the reserve component; a description of the condition, including the estimated remaining service life, in which any such aircraft will be returned to the reserve component; and a description of the allocation of resources, including the designation of responsibility for funding aircraft operation and maintenance and a detailed description of budgetary responsibilities, for the period for which the aircraft is transferred to the regular component. The designation of responsibility for funding maintenance requirements or modifications to the aircraft generated as a result of the transfer, including any such requirements and modifications required during the period for which the aircraft is transferred to the regular component. Any location from which the aircraft will be transferred. The effects on manpower that such a transfer may have at any facility identified under paragraph (4). The effects on the skills and proficiencies of the reserve component personnel affected by the transfer. Any other items the Director of the Air National Guard or the Chief of Air Force Reserve determines are necessary in order to execute such a transfer. ensures that the Air Force has complied with Department of Defense regulations applicable to the transfer; and for a transfer described in subsection (c)(1), submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] an agreement entered into pursuant to subsection (a) regarding the transfer of the aircraft. the permanent assignment of an aircraft that terminates a reserve component’s equitable interest in the aircraft; or possession of an aircraft for a period in excess of 90 days. A routine temporary transfer of possession of an aircraft from a reserve component that is made solely for the benefit of the reserve component for the purpose of maintenance, upgrade, conversion, modification, or testing and evaluation. A routine permanent transfer of assignment of an aircraft that terminates a reserve component’s equitable interest in the aircraft if notice of the transfer has previously been provided to the congressional defense committees and the transfer has been approved by the Secretary of Defense pursuant to Department of Defense regulations. A transfer described in paragraph (1)(A) when there is a reciprocal permanent assignment of an aircraft from the regular component of the Air Force to the reserve component that does not degrade the capability of, or reduce the total number of, aircraft assigned to the reserve component. In the case of an aircraft transferred from a reserve component of the Air Force to the regular component of the Air Force for which an agreement under subsection (a) is not required by reason of subsection (c)(2)(A), possession of the aircraft shall be transferred back to the reserve component upon completion of the work described in subsection (c)(2)(A).” The Secretary of the Air Force shall not implement the consolidation of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard or the consolidation of aircraft repair facilities and personnel of the Air National Guard with aircraft repair facilities and personnel of the active Air Force unless and until the Secretary of the Air Force submits the reports required by (b) and (c), the Chief of the National Guard Bureau submits the assessment required by subsection (d), and the Secretary of Defense submits the certification required by subsection (e). Not later than 30 days after the date of the enactment of this Act [ Oct. 14, 2008 ], the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report stating all the criteria being used by the Department of the Air Force and the Rand Corporation to evaluate the feasibility of consolidating Air Force maintenance functions into organizations that would integrate active, Guard, and Reserve components into a total-force approach. The report shall include the assumptions that were provided to or developed by the Rand Corporation for its study of the feasibility of the consolidation proposal. At least 90 days before any consolidation of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the findings of the Rand Corporation feasibility study and the Rand Corporation’s recommendations, the Air Force’s assessment of the findings and recommendations, any plans developed for implementation of the consolidation, and a delineation of all infrastructure costs anticipated as a result of implementation. the proposed actions to consolidate aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard by the Secretary of the Air Force; and the information included in the report required by subsection (c). After the Secretary of the Air Force submits the reports required by subsections (b) and (c), and before any consolidation of aircraft repair facilities and personnel of the active Air Force with aircraft repair facilities and personnel of the Air National Guard by the Secretary of the Air Force, the Secretary of Defense shall certify that such consolidation is in the national interest and will not adversely affect recruitment, retention, or execution of the Air National Guard mission in the individual States.”