H.R.9119

SECTION 1. Prohibition on certain reductions to MQ–9 aircraft units.

1. (a) Prohibition.—Except as provided in this section, during the covered period, the Secretary of the Air Force may not—

1. (1) divest, deactivate, redesignate, consolidate, transfer, initiate any action to retire, place in backup aircraft inventory status, or otherwise reduce the mission capability of any MQ–9 aircraft or MQ–9 aircraft unit in existence on the date of the enactment of this Act, including by—
   1. (A) reducing the total primary aerospace vehicle authorization (PAA) number of MQ–9 aircraft assigned to any unit of the Air National Guard below the levels in effect on such date of enactment; or
   2. (B) reducing the primary mission aircraft inventory of MQ–9 aircraft of the Air Force below the levels in effect on such date of enactment;
2. (2) modify the designed operational capability statement for any MQ–9 aircraft unit, as in effect on the date of the enactment of this Act, in a manner that would reduce the capabilities of such a unit below the levels specified in such statement as in effect on such date; or
3. (3) reduce, below the levels in effect on such date of enactment, the number of personnel assigned to units responsible for the operation and maintenance of MQ–9 aircraft if such reduction would affect the ability of such units to meet the capability described in paragraph (2).
   1. (b) Exception for individual aircraft.—The prohibition under subsection (a) shall not apply to an individual MQ–9 aircraft if the Secretary of the Air Force—
4. (1) determines, on a case-by-case basis, that the aircraft is unsafe to operate, uneconomical to repair, or no longer mission capable due to mishap damage, structural condition, airworthiness, obsolescence, or other material sustainment issue; and
5. (2) meets the requirements of subsection (c) with respect to the MQ–9 aircraft unit concerned.
   1. (c) Exception for mission conversion.—The prohibition under subsection (a) shall not apply to an MQ–9 aircraft unit if the Secretary of the Air Force, with the approval of the applicable governor pursuant to section 104(c) of title 32, United States Code—
6. (1) assigns to such unit a new primary mission;
7. (2) certifies to the congressional defense committees that such mission will maintain or enhance the operational capability of such unit within the total force; and
8. (3) submits to the congressional defense committees a plan describing—
   1. (A) the personnel impacts of mission conversion;
   2. (B) the projected operational capability of the new mission, including programmed funding and required manpower;
   3. (C) the timeline for transition; and
   4. (D) any associated aircraft, systems, or infrastructure requirements.
      1. (d) Consultation requirement.—The Secretary of the Air Force shall consult with the Chief of the National Guard Bureau and the Director of the Air National Guard before taking any action to retire, divest, reduce, realign, restructure, redesignate, consolidate, transfer, or otherwise modify any MQ–9 aircraft or MQ–9 aircraft unit assigned to the Air National Guard.