SUSTAIN Act

This Act may be cited as the Sustainment of Unmanned Systems, Total Force Aircraft Inventory, and National Guard Protection Act or the SUSTAIN Act.
Except as provided in this section, during the covered period, the Secretary of the Air Force may not—
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—
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
reducing the primary mission aircraft inventory of MQ–9 aircraft of the Air Force below the levels in effect on such date of enactment;
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
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).
The prohibition under subsection (a) shall not apply to an individual MQ–9 aircraft if the Secretary of the Air Force—
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
meets the requirements of subsection (c) with respect to the MQ–9 aircraft unit concerned.
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—
assigns to such unit a new primary mission;
certifies to the congressional defense committees that such mission will maintain or enhance the operational capability of such unit within the total force; and
submits to the congressional defense committees a plan describing—
the personnel impacts of mission conversion;
the projected operational capability of the new mission, including programmed funding and required manpower;
the timeline for transition; and
any associated aircraft, systems, or infrastructure requirements.
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.
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Director of the Air National Guard, shall submit to the congressional defense committees a report on the plan of the Department of the Air Force to recapitalize the MQ–9 aircraft fleet.
The report required by subsection (a) shall include the following:
An assessment of the current operational status, projected service life, and mission requirements of the MQ–9 aircraft fleet.
A description of planned modernization efforts, sustainment activities, and capability upgrades for MQ–9 aircraft through fiscal year 2035.
An assessment of options for recapitalization or modernization MQ–9 aircraft.
A description of the role of the Air National Guard in the future MQ–9 aircraft force structure and recapitalization strategy.
A projected timeline and estimated funding requirements associated with recapitalization of the MQ–9 aircraft fleet.
An identification of any legislative authorities required to implement the recapitalization plan.
In this Act:
The term congressional defense committees has the meaning given that term in section 101(a) of title 10, United States Code.
The term covered period means the period beginning on the date of the enactment of this Act and ending on September 30, 2032.
The term designed operational capability statement has the meaning given that term in Air Force Instruction 10–201.