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Code · STATUTE-COMPILATIONS · John S. McCain National Defense Authorization Act for Fiscal Year 2019 · Sec. 147

Sec. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF E-8 JSTARS AIRCRAFT

692 words·~3 min read·/statute-compilations/comps-15483/sec-147

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## SEC. 147 LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF E-8 JSTARS AIRCRAFT ###
(a)Limitation on Availability of Funds for Retirement Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2019 or any subsequent fiscal year for the Air Force may be obligated or expended to retire, or prepare to retire, any E-8 Joint Surveillance Target Attack Radar System aircraft until the date on which the Secretary of the Defense certifies to the congressional defense committees that— ####
(1)the Secretary has identified— #####
(A)a capability with sufficient capacity to replace the current fleet of 16 E–8 Joint Surveillance Target Attack Radar System aircraft in a manner that meets global combatant command requirements; and #####
(B)potential global basing locations for such capability; and ####
(2)such replacement capability delivers capabilities that are comparable or superior to the capabilities delivered by such aircraft..3 3Two periods are so in law. See amendment made by section 140(1) of Public Law 116–283. ###
(b)Exception The limitation in subsection
(a)shall not apply to individual E-8C Joint Surveillance Target Attack Radar System aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair. ###
(c)Certification Required Not later than March 1, 2019, the Secretary of Defense, on a nondelegable basis, shall certify to the congressional defense committees that— ####
(1)the Secretary of the Air Force is taking all reasonable steps to ensure the legacy E-8C Joint Surveillance Target Radar System aircraft that the Air Force continues to operate meet all safety requirements; ####
(2)the Secretary of the Air Force has developed and implemented a funding strategy to increase the operational and maintenance availability of the legacy E-8C Joint Surveillance Target Radar System aircraft that the Air Force continues to operate; ####
(3)the Advanced Battle-Management System acquisition and fielding strategy is executable and that sufficient funds will be available to achieve all elements of the System as described in the Capability Development Document for the System; and ####
(4)in coordination with each separate geographic combatant commander, that the Secretary of the Air Force is implementing defined and measurable actions to meet the operational planning and steady-state force presentation requirements for Ground-Moving Target Indicator intelligence and Battle-Management, Command and Control towards a moderate level of risk until the Advanced Battle Management System delivers equivalent capability. ###
(d)GAO Report and Briefing ####
(1)Report required Not later than March 1, 2020, the Comptroller General of the United States shall submit to the congressional defense committees a report on Increment I, Increment 2, and Increment 3 of the 21st Century Advanced Battle Management System of Systems capability of the Air Force. The report shall include a review of— #####
(A)the technologies that compose the capability and the level of maturation of such technologies; #####
(B)the resources budgeted for the capability; #####
(C)the fielding plan for the capability; #####
(D)any risk assessments associated with the capability; and #####
(E)the overall acquisition strategy for the capability. ####
(2)Interim briefing Not later than March 1, 2019, the Comptroller General of the United States shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the topics to be covered by the report under paragraph (1), including any preliminary data and any issues or concerns of the Comptroller General relating to the report. ###
(e)Air Force Report Not later than February 5, 2019, the Secretary of the Air Force shall submit to the congressional defense committees a report on the legacy fleet of E-8C Joint Surveillance Target Attack Radar System aircraft that includes— ####
(1)the modernization and sustainment strategy, and associated costs, for the airframe and mission systems that will be used to maintain the legacy fleet of such aircraft until the planned retirement of the aircraft; and ####
(2)a plan that will provide combatant commanders with an increased level of E-8C force support.
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Sec. 147
LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF E-8 JSTARS AIRCRAFT
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