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Lawmakers’ F-22 demands may go unheeded

House Republicans and Democrats joined forces for two and a half hours to pummel the Pentagon’s chief weapon buyer for failing to spend $90 million on future F-22 jet fighters.

Undersecretary of Defense John Young was warned that the 2009 Defense Authorization Act “is not negotiable. You will obey what the bill says. That holds for the Pentagon and the secretary of defense,” scolded Rep. Neil Abercrombie, D-Hawaii, during a hearing of the House Armed Services air and land forces subcommittee.

“You are acting in defiance of the law and the intent of Congress,” lectured Rep. Phil Gingrey, R-Ga. “Is it up to you to decide which laws you will follow and which you will flout?”

Is Congress not to be taken seriously, demanded Rep. Silvestre Reyes, D-Texas.

Congress’ intent was perfectly clear, said Rep. Robin Hayes, R-N.C.: The Defense Department was to spend $140 million on advance procurements of parts for 20 more F0-22s.

Young, the Pentagon’s chief of acquisition, technology and logistics, tried to explain.

He said he ordered just $50 million worth of aircraft parts for four F-22s to avoid wasting money if incoming President Barack Obama and his defense secretary decide to kill the Raptor program.

If the new administration decides to keep the program going, it can order $90 million more in parts for 16 more planes without any extra cost to taxpayers, he said.

There’s a catch: To avoid a cost increase, the new administration must act by Jan. 21, one day after Obama is sworn in as president.

If a decision is delayed until March, for example, costs could increase by $200 million to $400 million, according to the Air Force. The extra cost would include the expense of restarting parts production lines that would shut down for lack of steady funding.

Gingrey, whose district includes thousands of Lockheed Martin workers who build F-22s, told Young his decision “won’t save taxpayers a dime,” but could inadvertently kill the F-22 program by driving up its costs.

Abercrombie, who is subcommittee chairman, warned that the Defense Department’s failure to comply with Congress’ instructions to spend $140 million on 20 aircraft “seems a willful rejection of what you’ve been ordered to do.”

“Congress rules,” he said. “The Pentagon can propose, admonish or put forward recommendations … Nevertheless, in the end, Congress makes the decisions.”

Out of Time

Well, maybe not.

After 150 minutes of hectoring Young, Gingrey conceded that he was uncertain how Congress could make the Defense Department comply.

“I don’t know,” he said. “Do you call the Justice Department? I don’t know.”

Congressional aides seemed to know the answer: As a practical matter, Congress can do nothing.

In two days, lawmakers would adjourn for the year. And even if they didn’t, it would take more time to go through the legal procedures to force the Pentagon to follow the law than there is time left before money has to be spent on the F-22, one aide said.

Lockheed Martin, the F-22’s manufacturer, is already paying production line expenses for six parts suppliers with the expectation that they will be needed when the Pentagon orders more F-22s, he said.

During his inquisition, Young argued that he is complying with the law.

At the center of the dispute is Section 134 of the 2009 Defense Authorization Act. It allocates $523 million for advance procurement of F-22 aircraft parts. But it also says that “not more than $140 million may be obligated” until after the next administration decided the fate of the F-22 program.

Young argued that the phrase “not more than” does not require him to spent the entire $140 million, it merely says he just can’t exceed that amount.

Subcommittee members insisted it is clear that they intended for the full $140 million to be spent.

Young said his intent is to give the next administration the greatest degree of leeway in deciding whether to keep or kill the F-22 program.

Defense Secretary Robert Gates and his deputy, Gordon England, have argued for ending the program, saying the F-22 money is needed more urgently to buy weapons that are more likely to be used in today’s wars. Despite two wars, the F-22 has yet to be used in combat.

However, the Air Force made it clear it wants more of the high-performance jets. So far, 183 have been ordered, and the Air Force’s acquisition chief, David Van Buren, told the subcommittee that the service plans to ask for 20 more in the 2010 budget it will send to Congress next February.

Young said the $50 million he wants to spend is enough to begin buying parts for four F-22s that Gates has agreed to buy as replacements for older fighters that have been lost in Iraq and Afghanistan. A request for the rest of the funding for those F-22s is to be included in the next Iraq war emergency spending bill, Young said.

If the next administration kills the F-22, Young will have saved $90 million. But if the next administration doesn’t make a decision by the day after inauguration, and then opts to keep the program alive, “the probability of additional cost … is reasonably high,” Young said.

Not Unanimous

Although Young’s verbal thrashing was thorough, it wasn’t unanimous.

Rep. Roscoe Bartlett, R-Md., reminded fellow Armed Services Committee members that Congress cannot afford to buy everything the Pentagon wants. Lawmakers must choose between equipment for the type of warfare now being fought now in Iraq and Afghanistan and high-tech weapons for fighting high-tech enemies in the future.

Too often, such decisions are made by the party with the best lobbyists, Bartlett said.

Rep. Joseph Sestak, D-Pa., a retired admiral, called the F-22 a “Seawolf of the Sky.”

Like the F-22, the Seawolf was a weapon designed for the Cold War, but entered service after the Cold War ended. A dozen ships were planned, but the enormously costly Seawolf was canceled in 1995 after three ships were built.

With the end of the Cold War, the Air Force has searched for missions to make the F-22 relevant, Sestak said. The plane has gone from a dog fighter to a ground attack aircraft to a cruise missile chaser, he said.

Gingrey wrapped up the hearing saying he hopes Young “will strongly consider reversing” his decision on F-22 spending and spend the full $140 million Congress intended.

Young gave no indication that he will.