I 118th CONGRESS 1st Session H. R. 5228 IN THE HOUSE OF REPRESENTATIVES August 18, 2023 Mr. Bacon introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary of the Air Force to develop a plan for the recapitalization of fighter squadrons of the Air National Guard and the Air Force Reserve and to limit modifications to the flying missions of such squadrons until such plan is complete.

1. Short title This Act may be cited as the Air Reserve Component Fighter Recapitalization Act of 2023 . 2. Limitation on termination of fighter squadrons (a) Limitation The Secretary of the Air Force may not terminate the fighter flying mission of any fighter squadron of the Air National Guard or the Air Force Reserve until a period of 180 days has elapsed following the date on which the Secretary submits the plan required under subsection (b). (b) Plan required (1) In general The Secretary of the Air Force, in coordination with the Director of the Air National Guard and the Commander of the Air Force Reserve, shall develop a notional plan for the recapitalization of all fighter squadrons of the Air National Guard and the Air Force Reserve. (2) Elements The plan under paragraph (1) shall— (A) provide options for the modernization of fighter squadrons of the Air National Guard and the Air Force Reserve and the replacement of the aircraft of such squadrons at a rate that ensures recapitalization of such squadrons with relevant and more capable replacement fighter aircraft; (B) ensure that each fighter squadron of the Air National Guard and the Air Force Reserve has the required minimum of primary mission assigned fighter aircraft to meet force presentation requirements of geographic combatant commanders for both steady-state and operational contingency planning and execution; (C) include consideration for the temporary reassignment of aircraft to such squadrons from other components of the Air Force, as necessary to meet the requirements of the plan; and (D) include the Secretary of the Air Force’s assessment of any effects of the force presentation on— (i) combatant commanders; (ii) aircrew accession absorption capacity; (iii) industrial capacity to support any additional production above programmed quantities; and (iv) costs aside from normal training and personnel costs of unit mission transitions. (3) Submittal to Congress The Secretary of the Air Force shall submit to the congressional defense committees the plan required under paragraph (1) together with an explanation of— (A) any programmatic funding required to implement such plan; and (B) how the plan differs from other plans of the Secretary of the Air Force with respect to fighter aircraft squadrons of the Air National Guard and the Air Force Reserve (including any such plans in effect as of the date of the submittal of the plan under paragraph (1)); and (C) any effects of the plan on operations and efforts to recapitalize or transition existing fighter aircraft squadrons of the Air National Guard and the Air Force Reserve as proposed in the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for fiscal year 2024. (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.