S. 4373

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4373 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4373

To establish a pilot program for the retention of experienced regular 
Air Force fighter aircrew, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 22, 2026

Mr. Budd (for himself, Mrs. Shaheen, Mr. King, Mr. Schmitt, Mr. Rounds, 
Mr. Cramer, Mr. Kaine, and Ms. Rosen) introduced the following bill; 
which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

A BILL

To establish a pilot program for the retention of experienced regular 
Air Force fighter aircrew, 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 Aircrew Career Flexibility 
Act''.

SEC. 2. RETENTION OF EXPERIENCED REGULAR AIR FORCE FIGHTER AIRCREW 
PILOT PROGRAM.

(a) Establishment.--Not later than one year after the date of the 
enactment of this Act, the Secretary of the Air Force shall establish a 
pilot program, to be known as the ``Retention of Experienced Regular 
Air Force Fighter Aircrew Pilot Program'', to permit one-time, time-
limited career intermissions for regular Air Force fighter aircrew to 
test whether targeted intermissions reduce early separations and 
preserve experienced fighter aircrew subject matter experts for air 
staff positions and leadership roles in the active component (in this 
Act referred to as the ``Program'').
(b) Participation Eligibility.--Participation in the Program shall 
be limited as follows:
(1) Participants shall be officers in the active component 
of the Air Force with 11F and 12F Air Force Specialty Code 
(AFSC) designations.
(2) Participants shall have completed their respective 
Undergraduate Pilot Training or Undergraduate Navigator 
Training active duty service commitment and shall not be 
subject to any limitation with respect to maximum number of 
years of service or maximum rank.
(3) The existence of an active duty service commitment 
(ADSC), other than the commitment referred to in paragraph (2), 
shall not bar any otherwise eligible individual from 
participating in the Program.
(4) The Secretary of the Air Force may limit pilot program 
participation for members tasked for a deployment and should 
consider the ``Prepare'' and ``Reset'' phases of Air Force 
Generation (AFFORGEN) as opportunities for eligible members to 
participate in the Program.
(5) An individual who is scheduled for a deployment shall 
be ineligible for participation in the Program until the 
individual returns from the deployment or the deployment is 
cancelled.
(6) Wing commanders may limit participation in the Program 
for purposes of mission requirements.
(c) Process for Entry.--
(1) Approval authority.--The Secretary of the Air Force 
shall delegate to wing commanders the authority to approve 
entry into the Program.
(2) Processing.--The Air Force shall adjudicate requests 
for entry into the Program within 30 days of receiving written 
requests from applicants.
(3) Scrolling process.--The Secretary of the Air Force 
shall ensure that the Air Force's officer scrolling process 
does not interfere with the Program timelines specified in this 
section.
(d) Intermission Period.--
(1) Placement in individual ready reserve.--Participants in 
the Program will be placed in the Individual Ready Reserve for 
the duration of their intermissions from active duty.
(2) Duration.--
(A) In general.--The duration of the intermission 
shall be between 4 months and 1 year in duration, as 
selected by the participant.
(B) Changes.--While on intermission, a participant 
may request a change in duration, which shall be 
adjudicated by the wing commander within 14 days.
(3) Training requirements.--Each participant in the Program 
shall enter into a written agreement with the Secretary of the 
Air Force agreeing to undergo during the intermission such 
inactive service training as the Secretary shall require in 
order to ensure that the participant retains proficiency, at a 
level determined by the Secretary to be sufficient, in the 
military skills, professional qualifications, and physical 
readiness of the participant during the inactivation of the 
participant from active service.
(4) Retention of access and certain active status 
benefits.--The Secretary of the Air Force, to the maximum 
extent practicable, shall allow participants in the Program to 
retain their security clearances, access to special access 
programs and alternative compensatory control measures, network 
access, base access, commissary and exchange access, Common 
Access Card, and other items to ensure rapid return to an 
active status from Individual Ready Reserve status.
(5) Compensation and benefits.--The Secretary of Defense 
shall ensure that while participants in the Program are on 
intermission, they and their families, as applicable, receive 
pay and allowances in accordance with, and on such terms as 
prescribed under, subsection (f) of section 710 of title 10, 
United States Code, except that subsection (e)(2) of this 
section, rather than subparagraph (D) of paragraph (3) of such 
subsection (f), shall govern the active duty service commitment 
that is required under the agreement described in such 
paragraph (3).
(6) Housing.--Participants in the Program residing in 
military installation or government housing shall not be 
required to vacate their residence during the intermission but 
shall be responsible for rent payments during the period that 
basic allowance for housing under section 403 of title 37, 
United States Code, is suspended.
(7) Continued entitlements.--The provisions of subsection 
(h) of section 710 of title 10, United States Code, shall apply 
with respect to continued entitlements for participants in the 
Program.
(8) Combination of intermission with permanent change of 
station.--Participants in the Program may combine an 
intermission with a permanent change of station (PCS) where 
operationally feasible.
(9) Promotion.--Subsection (g)(1) of section 710 of title 
10, United States Code, shall govern the consideration and 
eligibility for promotion of Program participants.
(10) Effect of inactivation on certain retirement 
benefits.--Any period of participation of a member in a program 
under this section shall not count toward--
(A) eligibility for retirement or transfer to the 
Ready Reserve under either chapter 571 or 1223 of title 
10, United States Code; or
(B) computation of retired or retainer pay under 
chapter 71 or 1223 of title 10, United States Code.
(11) Order to active service.--Under regulations prescribed 
by the Secretary of the Air Force, a participant in the Program 
may, in the discretion of the Secretary, be required to 
terminate participation in the Program and be ordered to active 
service.
(e) Return to Active Service.--
(1) Expedited on-boarding.--The Secretary of the Air Force 
shall provide expedited on-boarding to ensure that a returning 
participant in the Program meets prerequisites to perform 11F3/
12F3-rated flight duties or 11F4/12F4-rated staff duties within 
30 days of reporting back to active duty after an intermission 
pursuant to subsection (d).
(2) Active duty service commitment (adsc).--Upon return to 
active duty after an intermission pursuant to subsection (d), a 
participant shall incur a concurrent Active Duty Service 
Commitment (ADSC) equal to double the duration of the 
intermission.
(3) Exemption from userra 5-year reemployment rights time 
limitation.--The Secretary of the Air Force shall ensure that 
participants in the Program returning to active duty are placed 
on orders the Secretary deems to be a critical mission or 
requirement of the Air Force for purposes of the exception to 
the 5-year reemployment rights time limitation provided for in 
section 4312(c)(4)(D) of title 38, United States Code.
(f) Prohibition on Use of Participation as Negative Factor in 
Career Development.--Participation in the Program shall not be used as 
a negative factor in the context of promotion boards, career 
development opportunities, assignment matching, selection for 
intermediate- and senior-level education, or in any other manner with 
respect to determining career development and progression.
(g) Report.--
(1) In general.--Not later than 4 years after the 
establishment of the Program, the Secretary of the Air Force 
shall submit to the congressional defense committees a report 
assessing the effectiveness of the Program.
(2) Elements.--The report required under paragraph (1) 
shall include the following elements:
(A) A description of how many eligible aircrew 
applied for the Program and how many were accepted.
(B) An assessment of changes in retention for the 
11F and 12F career fields based on the pilot program.
(C) An assessment of changes in 11F/12F manning in 
Air Operations Centers and air staffs as a result of 
the Program.
(D) A description of the out-placement of Program 
participants after the intermission period.
(E) A recommendation from the Air Force whether to 
continue, discontinue, or modify the Program after it 
ends pursuant to subsection (h).
(h) Duration.--The pilot program established under this section 
shall terminate 5 years after it is established.
(i) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, in consultation with 
the Secretary of the Air Force, shall prescribe regulations to 
establish and implement the Program.
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