,,ii #aaith ,,congress #ast ,session ,s4 #hgc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjbe,mr4 ,crapo 7for himself1 ,mr4 ,hickenlooper1 ,mr4 ,risch1 ,mr4 ,kelly1 ,mr4 ,banks1 ,ms4 ,slotkin1 ,mr4 ,scott of ,florida1 ,mr4 ,peters1 ,mr4 ,young1 ,ms4 ,alsobrooks1 ,mr4 ,cruz1 ,mr4 ,van ,hollen1 ,ms4 ,klobuchar1 ,mr4 ,bennet1 ,mr4 ,padilla1 ,ms4 ,smith1 and ,mr4 ,gallego7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to preserve and recapitalize the fighter aircraft capabilities of the ,air ,force and its reserve components1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fighter ,force ,preservation and ,recapitalization ,act of #bjbe4 #b4 ,minimum number of fighter aircraft in the ,air ,force and reserve components of the ,air ,force ,section #ijfb7;i7 of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,during and inserting ,except as provided in paragraph 7#b71 during2 7,b7 by striking ,october #a1 #bjbf and inserting ,october #a1 #bjcj2 7,c7 by striking #a1hjj and inserting #a1ijj2 and 7,d7 by striking #a1ade and inserting #a1bjj2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#c7 by inserting after paragraph 7#a7 the following new paragraph 7#b73 7#b7 7,a7 ,subject to subparagraphs 7,b7 and 7,c71 the ,secretary of ,defense may temporarily reduce the total aircraft inventory required by paragraph 7#a7 to enable recapitalization of units transitioning from one combat-coded mission fighter aircraft to a new combat-coded fighter aircraft4 7,b7 ,a temporary reduction authorized under subparagraph 7,a7 shall not-- 7i7 result in less than #a1hjj aircraft in the total aircraft inventory of fighter aircraft at any given time2 or 7ii7 exceed two years4 7,c7 7i7 ,before authorizing a temporary reduction under subparagraph 7,a71 the ,secretary of ,defense shall-- 7,i7 provide notification to the congressional defense committees2 and 7,,ii7 identify in such notification the specific units to be recapitalized4 7ii7 ,the ,secretary of ,defense may satisfy the requirement for notification under this subparagraph if the ,secretary includes such notification in a fiscal-year quarterly report required by subsection 7n74 2 and 7#d7 in paragraph 7#c71 as redesignated by paragraph 7#b71 by striking ,in this subsection3 and all that follows through ,the term primary mission aircraft inventory means and inserting ,in this subsection1 the term primary mission aircraft inventory means4 #c4 ,annual report on status of total fighter aircraft inventory ,section #ijfb of title #aj1 ,united ,states ,code1 as amended by section #b1 is further amended by adding at the end the following new subsection3 7n7 7#a7 ,not later than #ij days after the date of the enactment of the ,fighter ,force ,preservation and ,recapitalization ,act of #bjbe1 and at the end of each fiscal-year quarter thereafter through ,september #cj1 #bjcj1 the ,secretary of the ,air ,force shall submit to the congressional defense committees a report describing the status of the total aircraft inventory requirement for fighter aircraft established by subsection 7i74 7#b7 ,each report required by paragraph 7#a7 shall include the following3 7,a7 ,the overall number of new advanced capability fighter aircraft1 fifth-generation fighter aircraft1 and next-generation air dominance fighter aircraft received by the ,air ,force during the fiscal-year quarter covered by the report4 7,b7 ,the mission design series prefix of each airframe received4 7,c7 ,the vendor from which each new fighter aircraft was received4 7,d7 ,the number of new advanced capability fighter aircraft and fifth-generation fighter aircraft assigned to units of the ,regular ,air ,force1 the ,air ,force ,reserve1 and the ,air ,national ,guard during the fiscal-year quarter covered by the report4 7,e7 ,the distribution ratios of new fighter aircraft received from vendors during the fiscal-year covered by the report and assigned to units of the ,regular ,air ,force1 the ,air ,force ,reserve1 and the ,air ,national ,guard1 including-- 7i7 the percentage of total new advanced capability fighter aircraft and new fifth-generation fighter aircraft received that were assigned to each component 7,regular ,air ,force1 ,air ,force ,reserve1 and ,air ,national ,guard72 and 7ii7 the percentage of aircraft assigned to each component1 disaggregated by mission design series prefix4 7,f7 ,the number of legacy capability fighter aircraft retired or divested by the ,regular ,air ,force1 the ,air ,force ,reserve1 and the ,air ,national ,guard during the fiscal-year quarter covered by the report1 disaggregated by unit4 7,g7 ,an identification of fighter aircraft units scheduled for recapitalization1 including any associated authorizations for a temporary reduction in the minimum total aircraft inventory level for fighter aircraft established by subsection 7i74 7,h7 ,any notable trends1 issues1 or challenges related to the receipt and assignment of new fighter aircraft during the fiscal-year quarter covered by the report1 including any delays1 discrepancies1 or other factors that may have impacted such receipt or assignment4 7#c7 ,each report required by paragraph 7#a7 shall be submitted in unclassified form1 unless the ,secretary of the ,air ,force determines that the inclusion of classified information in the report is necessary1 in which case the report may be submitted in classified form or with classified annexes or sections4 7#d7 ,notwithstanding any other provision of law1 if the ,secretary of the ,air ,force does not submit a report required by paragraph 7#a7 to the congressional defense committees by the deadline established by such paragraph1 no funds may be obligated or expended for travel by the ,secretary of the ,air ,force until the report is submitted4 4 #d4 ,recapitalization prioritization of ,air ,force service-retained fighter fleet ,section #ijfb of title #aj1 ,united ,states ,code1 as amended by sections #b and #c1 is further amended by adding at the end the following new subsection3 7o7 7#a7 ,the ,secretary of the ,air ,force shall ensure that for every four new advanced capability fighter aircraft1 fifth-generation fighter aircraft1 and next-generation air dominance fighter aircraft accepted by the ,air ,force1 not less than three shall be assigned and delivered to a fighter aircraft squadron of the ,air ,force that-- 7,a7 exists as of the date of the enactment of the ,fighter ,force ,preservation and ,recapitalization ,act of #bjbe2 and 7,b7 is service retained4 7#b7 ,for each new advanced capability fighter aircraft1 fifth-generation fighter aircraft1 or next-generation air dominance fighter aircraft assigned and delivered to a fighter aircraft squadron under paragraph 7#a71 the ,secretary of the ,air ,force may retire a legacy capability fighter aircraft from that squadron on a one-for-one basis4 4 #e4 ,preservation and recapitalization of ,air ,national ,guard fighter fleet ,section #ijfb of title #aj1 ,united ,states ,code1 as amended by sections #b through #d1 is further amended by adding at the end the following new subsection3 7p7 7#a7 ,except as provided in paragraphs 7#b7 and 7#c71 during the period beginning on ,december #bc1 #bjbd1 and ending on ,october #a1 #bjcj1 the ,secretary of the ,air ,force-- 7,a7 shall maintain not less than #be fighter aircraft squadrons of the ,air ,national ,guard1 including the #be fighter aircraft squadrons of the ,air ,national ,guard in existence as of ,december #bc1 #bjbd2 and 7,b7 may not retire1 reduce funding for1 or place in a status considered excess to the requirements of the possessing command and awaiting disposition instructions 7commonly referred to as ,,xj status7 any legacy capability fighter aircraft or fifth-generation fighter aircraft assigned to any of the #be fighter aircraft squadrons of the ,air ,national ,guard in existence as of ,december #bc1 #bjbd4 7#b7 ,the prohibition under paragraph 7#a77;,b7 shall not apply to individual legacy capability fighter aircraft1 advanced capability fighter aircraft1 or fifth-generation fighter aircraft that the ,secretary of the ,air ,force determines1 on a case-by-case basis1 to be no longer mission capable and uneconomical to repair because of aircraft accidents1 mishaps1 or excessive material degradation and non-airworthiness status of certain aircraft4 7#c7 ,for each new advanced capability fighter aircraft or fifth-generation fighter aircraft assigned and delivered to a fighter aircraft squadron maintained under paragraph 7#a77;,a71 the ,secretary of the ,air ,force may retire a legacy capability fighter aircraft from that squadron on a one-for-one basis4 7#d7 ,section #bbdd;a of this title shall not apply to the implementation of this subsection4 4 #f4 ,annual recapitalization plan for ,air ,national ,guard fighter fleet ,section #ijfb of title #aj1 ,united ,states ,code1 as amended by sections #b through #e1 is further amended by adding at the end the following new subsection3 7q7 7#a7 ,the ,secretary of the ,air ,force1 in consultation with the ,director of the ,air ,national ,guard1 shall annually develop a plan to recapitalize the fighter fleet of the ,air ,national ,guard4 7#b7 ,the plan required under paragraph 7#a7 shall-- 7,a7 identify each of the #be fighter aircraft squadrons of the ,air ,national ,guard in existence on the date of the enactment of this ,act2 7,b7 provide a plan for recapitalization of all such squadrons at a similar rate as the fighter aircraft squadrons of the active components of the ,armed ,forces1 with the same combination of legacy capability fighter aircraft and advanced capability fighter aircraft found in fighter aircraft squadrons of the active ,air ,force2 7,c7 establish a timetable for a plan or actions for the recapitalization proposed under subparagraph 7,b7 through ,october #a1 #bjcj1 disaggregated by fighter aircraft squadron and fiscal year1 which shall identify funding required for each fiscal year2 7,d7 assess budgetary effects on the active components of the ,armed ,forces if the recapitalization plan proposed under subparagraph 7,b7 were implemented in accordance with the timeline established under subparagraph 7,c72 7,e7 assess the effects of such plan on the operational readiness and personnel readiness of the active and reserve components of the ,armed ,forces1 including the effects of such plan on the ability of such components to meet steady state and contingency force presentation and mission requirements of combatant commanders2 and 7,f7 examine the feasibility of acquiring ,f-#af ,block #gj fighter aircraft for the ,air ,national ,guard4 7#c7 7,a7 ,not later than ,july #a of each year through ,july #a1 #bjcj1 the ,secretary of the ,air ,force shall submit to the congressional defense committees a report that includes the plan required under paragraph 7#a74 7,b7 ,the report required under subparagraph 7,a7 shall be submitted in unclassified form1 but may contain a classified annex4 4 #g4 ,definitions ,section #ijfb of title #aj1 ,united ,states ,code1 as amended by sections #b through #f1 is further amended by adding at the end the following new subsection3 7r7 ,in this section3 7#a7 ,the term advanced capability fighter aircraft-- 7,a7 means any new production variant of an airframe type specified in paragraph 7#d71 including-- 7i7 the ,f-#af ,block #gj_/gb and any subsequent block2 and 7ii7 the ,f-#ae;,,ex and any subsequent variant2 and 7,b7 does not include a modified or upgraded version of a legacy capability fighter aircraft4 7#b7 ,the term fifth-generation fighter aircraft means an ,f-#bb aircraft or an ,f-#ce aircraft4 7#c7 ,the term fighter aircraft means an aircraft that-- 7,a7 is designated by a mission design series prefix of ,f- or ,a-2 7,b7 includes one or two crewmembers on board the aircraft when in operation2 and 7,c7 7i7 executes single-role or multi-role missions1 including air-to-air combat1 air-to-ground attack1 air interdiction1 suppression or destruction of enemy air defenses1 close air support1 strike control and reconnaissance1 combat search and rescue support1 or airborne forward air control2 or 7ii7 operates collaboratively with an uncrewed aircraft operating semi-autonomously in proximity4 7#d7 ,the term legacy capability fighter aircraft means a pre-fifth-generation fighter aircraft1 including-- 7,a7 an ,f-#af aircraft1 whether pre-block or post-block2 7,b7 an ,f-#ae;,c_/,d_/,e aircraft2 or 7,c7 an ,a-#aj;,c aircraft4 7#e7 ,the term next-generation air dominance fighter aircraft-- 7,a7 means-- 7i7 a sixth-generation fighter aircraft capable of interacting collaboratively with uncrewed aircraft operating semi-autonomously in proximity2 or 7ii7 any other fighter aircraft referenced or designated as a sixth-generation airframe2 and 7,b7 does not include uncrewed fighter-type aircraft4 7#f7 ,the term service retained1 with respect to a fighter aircraft unit or a fighter aircraft1 means that the unit or aircraft-- 7,a7 is controlled by the ,regular ,air ,force1 the ,air ,force ,reserve1 or the ,air ,national ,guard for operational1 training1 or administrative purposes of the component concerned2 and 7,b7 is not assigned to1 or under the operational control of1 a combatant command or joint task force4 4