Section 1 Short title
This Act may be cited as the “Fighter Aircrew Career Flexibility Act”.
Fighter Aircrew Career Flexibility Act
A BILL
To establish a pilot program for the retention of experienced regular Air Force fighter aircrew, and for other purposes.
Sec. 2 Retention of Experienced Regular Air Force Fighter Aircrew Pilot Program
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”).
Participation eligibility— Participation in the Program shall be limited as follows:
Participants shall be officers in the active component of the Air Force with 11F and 12F Air Force Specialty Code (AFSC) designations.
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.
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.
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.
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.
Wing commanders may limit participation in the Program for purposes of mission requirements.
Process for entry—
Approval authority— The Secretary of the Air Force shall delegate to wing commanders the authority to approve entry into the Program.
Processing— The Air Force shall adjudicate requests for entry into the Program within 30 days of receiving written requests from applicants.
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.
Intermission period—
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.
Duration—
In general— The duration of the intermission shall be between 4 months and 1 year in duration, as selected by the participant.
Changes— While on intermission, a participant may request a change in duration, which shall be adjudicated by the wing commander within 14 days.
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.
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.
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).
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.
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.
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.
Promotion— Subsection (g)(1) of section 710 of title 10, United States Code, shall govern the consideration and eligibility for promotion of Program participants.
Effect of inactivation on certain retirement benefits— Any period of participation of a member in a program under this section shall not count toward—
eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of title 10, United States Code; or
computation of retired or retainer pay under chapter 71 or 1223 of title 10, United States Code.
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.
Return to active service—
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).
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.
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.
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.
Report—
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.
Elements— The report required under paragraph (1) shall include the following elements:
A description of how many eligible aircrew applied for the Program and how many were accepted.
An assessment of changes in retention for the 11F and 12F career fields based on the pilot program.
An assessment of changes in 11F/12F manning in Air Operations Centers and air staffs as a result of the Program.
A description of the out-placement of Program participants after the intermission period.
A recommendation from the Air Force whether to continue, discontinue, or modify the Program after it ends pursuant to subsection (h).
Duration— The pilot program established under this section shall terminate 5 years after it is established.
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.