Sec. 347. Report and certification requirements regarding sustainment costs for F–35 aircraft program
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Not later than March 1, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on sustainment costs for the F–35 aircraft program. Such report shall include the following: A detailed description and explanation of, and the actual cost data related to, sustainment costs for the F–35 aircraft program, including an identification and assessment of cost elements attributable to the Federal Government or to contractors (disaggregated by the entity responsible for each portion of the cost element, including at the prime contractor and major subcontractor levels) with respect to such sustainment costs.
An identification of the affordability targets of the Air Force, Navy, and Marine Corps, respectively, for sustainment costs for the F–35 aircraft program (expressed in cost per tail per year format and disaggregated by aircraft variant) for the following years: With respect to the affordability target of the Air Force, for the year in which the Secretary of the Air Force completes the procurement of the program of record number of F–35 aircraft for the Air Force. With respect to the affordability target of the Navy, for the year in which the Secretary of the Navy completes the procurement of the program of record number of F–35 aircraft for the Navy; and With respect to the affordability target of the Marine Corps, for the year in which the Secretary of the Navy completes the procurement of the program of record number of F–35 aircraft for the Marine Corps.
A detailed plan for the reduction of sustainment costs for the F–35 aircraft program to achieve the affordability targets specified in paragraph (2), including a plan for contractors to reduce their portion of such sustainment costs. An identification of sustainment cost metrics for the F–35 aircraft program for each of fiscal years 2022 through 2026, expressed in cost per tail per year format. Not later than December 31 of each of the years 2022 through 2026, the Secretary of Defense shall submit to the congressional defense committees a certification indicating whether the F–35 aircraft program met the sustainment cost metrics identified pursuant to subsection (a)(4) with respect to the fiscal year for which the report is submitted.
If a certification under paragraph
(1)indicates that the sustainment cost metrics for the respective year were not met, the Secretary shall submit to the congressional defense committees a detailed justification for the outcome. The Secretary of Defense may not enter into a performance-based logistics contract for the sustainment of the F–35 aircraft program until the Secretary submits to the congressional defense committees a certification that— the F–35 aircraft program has met the sustainment cost metrics identified pursuant to subsection (a)(4) for two consecutive fiscal years, as indicated by two consecutive certifications submitted under subsection (b)(1); and the Secretary has determined that such a performance-based logistics contract will further reduce sustainment costs for the F–35 aircraft program. In this section, the term cost per tail per year means the average annual operating and support cost (as estimated pursuant to a formula determined by the Secretary) per aircraft.