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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.
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 re-
ferred 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 Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Fighter Force Preser-
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vation and Recapitalization Act of 2023’’.
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SEC. 2. MINIMUM NUMBER OF AIRCRAFT AND FIGHTER
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SQUADRONS IN THE AIR NATIONAL GUARD.
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Section 9062 of title 10, United States Code, is
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amended by adding at the end the following new sub-
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section:
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•HR 3392 IH
‘‘(l)(1) The aircraft inventory of the Air National
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Guard shall include not fewer than 25 fighter aircraft
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squadrons each of which shall have a minimum of 18 pri-
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mary aircraft authorized.
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‘‘(2) The Secretary of Defense may waive the require-
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ments of paragraph (1) with respect to individual aircraft
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if the Secretary—
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‘‘(A) certifies to the congressional defense com-
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mittees that compliance with such requirements is
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not feasible due to extraordinary circumstances; and
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‘‘(B) includes with such certification an expla-
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nation of such circumstances.’’.
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SEC. 3. PLAN ON FIGHTER FORCE RECAPITALIZATION.
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(a) PLAN REQUIRED.—The Secretary of the Air
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Force, in consultation with the Director of the Air Na-
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tional Guard, shall develop a fighter aircraft recapitaliza-
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tion plan that provides for—
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(1) the replacement and modernization of Air
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National Guard fighter squadrons at a rate that
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shall ensure the full, one-for-one, recapitalization of
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Air National Guard fighter squadrons by the end of
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fiscal year 2034; and
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(2) the fielding of the Next Generation Air
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Dominance family of systems in the Air National
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Guard.
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(b) SUBMITTAL TO CONGRESS.—Not later than 120
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days after the date of the enactment of this Act, the Sec-
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retary of the Air Force shall submit to the congressional
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defense committees the plan developed under subsection
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(a).
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(c) CONGRESSIONAL DEFENSE COMMITTEES DE-
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FINED.—In this section, the term ‘‘congressional defense
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committees’’ has the meaning given that term in section
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101(a)(16) of title 10, United States Code.
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Æ
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