[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3392 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3392

To support and strengthen the fighter aircraft capabilities of the Air 
                     Force, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2023

  Mr. Bacon (for himself, Mr. Crow, Mr. James, Mr. Ruppersberger, Mr. 
  Lamborn, and Ms. Slotkin) introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To support and strengthen the fighter aircraft capabilities of the Air 
                     Force, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fighter Force Preservation and 
Recapitalization Act of 2023''.

SEC. 2. MINIMUM NUMBER OF AIRCRAFT AND FIGHTER SQUADRONS IN THE AIR 
              NATIONAL GUARD.

    Section 9062 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(l)(1) The aircraft inventory of the Air National Guard shall 
include not fewer than 25 fighter aircraft squadrons each of which 
shall have a minimum of 18 primary aircraft authorized.
    ``(2) The Secretary of Defense may waive the requirements of 
paragraph (1) with respect to individual aircraft if the Secretary--
            ``(A) certifies to the congressional defense committees 
        that compliance with such requirements is not feasible due to 
        extraordinary circumstances; and
            ``(B) includes with such certification an explanation of 
        such circumstances.''.

SEC. 3. PLAN ON FIGHTER FORCE RECAPITALIZATION.

    (a) Plan Required.--The Secretary of the Air Force, in consultation 
with the Director of the Air National Guard, shall develop a fighter 
aircraft recapitalization plan that provides for--
            (1) the replacement and modernization of Air National Guard 
        fighter squadrons at a rate that shall ensure the full, one-
        for-one, recapitalization of Air National Guard fighter 
        squadrons by the end of fiscal year 2034; and
            (2) the fielding of the Next Generation Air Dominance 
        family of systems in the Air National Guard.
    (b) Submittal to Congress.--Not later than 120 days after the date 
of the enactment of this Act, the Secretary of the Air Force shall 
submit to the congressional defense committees the plan developed under 
subsection (a).
    (c) Congressional Defense Committees Defined.--In this section, the 
term ``congressional defense committees'' has the meaning given that 
term in section 101(a)(16) of title 10, United States Code.
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