Procurement of Air Force F-22 fighters began in FY1999, and a total of 187 have been procured through FY2009. The issue for Congress is whether to approve the Administration’s proposal in the FY2010 budget to end F-22 procurement at 187 aircraft, or reject that proposal and provide funding in FY2010 for the procurement of additional F-22s in FY2010 and/or subsequent years. The White House has vowed to veto any bill that supports the acquisition of F-22s beyond the 187 that have been procured through FY2009.
FY2010 defense authorization act: The conference report (H.Rept. 111-288 of October 7, 2009) on the FY2010 defense authorization act (H.R. 2647/P.L. 111-84 of October 28, 2009) authorizes no funding for the procurement of F-22s beyond the 187 that have already been procured. Section 132 of the act revises the availability of certain prior-year funding for the F-22 program. Section 133 requires the Air Force to develop a plan for the preservation and storage of unique tooling related to the production of hardware and end items for the F-22. Section 1250 requires two reports regarding potential foreign military sales of the F-22.
FY2010 DOD appropriations bill: In lieu of a conference report, the House Appropriations Committee on December 15, 2009, released an explanatory statement on a final version of H.R. 3326. This version was passed by the House on December 16, 2009, and by the Senate on December 19, 2009, and signed into law on December 19, 2009, as P.L. 111-118.
The explanatory statement provides the Administration’s requested amount, $95.2 million, for F-22 procurement. It rescinds $383 million in FY2009 advance procurement funds for the F-22 program. In-service modification funds are cut from $350.7 million to $177.3 million.
The statement also includes language prohibiting funds from being used to approve or license the sale of the F-22. Additionally, the statement permits the Department of Defense to conduct studies and design activities to develop a future export version of the aircraft that protects classified and sensitive information.
Date of Report: December 22, 2009
Number of Pages: 63
Order Number: RL31673
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