Sec. 141. IMPLEMENTATION OF AFFORDABILITY, OPERATIONAL, AND SUSTAINMENT COST CONSTRAINTS FOR THE F-35 AIRCRAFT PROGRAM
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## SEC. 141 IMPLEMENTATION OF AFFORDABILITY, OPERATIONAL, AND SUSTAINMENT COST CONSTRAINTS FOR THE F-35 AIRCRAFT PROGRAM ###
(a)F-35A Quantity Limit for the Air Force ####
(1)Limitation Beginning on October 1, 2028, the total number of F-35A aircraft that the Secretary of the Air Force may maintain in the aircraft inventory of the Air Force may not exceed the lesser of— #####
(A)1,763; or #####
(B)the number obtained by— ######
(i)multiplying 1,763 by the cost-per-tail factor determined under paragraph (2); and ######
(ii)rounding the product of the calculation under clause
(i)to the nearest whole number. ####
(2)Cost-per-tail factor For purposes of paragraph (1)(B), the cost-per-tail factor is equal to— #####
(A)the affordability cost target for F-35A aircraft of the Air Force (as determined by the Secretary of the Air Force in accordance with subsection (e)), divided by #####
(B)a number equal to the average cost-per-tail-per-year of the F-35A aircraft of the Air Force during fiscal year 2027 (as determined by the Secretary of the Air Force in accordance with subsection (f)). ###
(b)F-35B Quantity Limit for the Marine Corps ####
(1)Limitation Beginning on October 1, 2028, the total number of F-35B aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of— #####
(A)353; or #####
(B)the number obtained by— ######
(i)multiplying 353 by the cost-per-tail factor determined under paragraph (2); and ######
(ii)rounding the product of the calculation under clause
(i)to the nearest whole number. ####
(2)Cost-per-tail factor For purposes of paragraph (1)(B), the cost-per-tail factor is equal to— #####
(A)the affordability cost target for F-35B aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by #####
(B)a number equal to the average cost-per-tail-per-year of the F-35B aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). ###
(c)F-35C Quantity Limit for the Navy ####
(1)Limitation Beginning on October 1, 2028, the total number of F-35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Navy may not exceed the lesser of— #####
(A)273; or #####
(B)the number obtained by— ######
(i)multiplying 273 by the cost-per-tail factor determined under paragraph (2); and ######
(ii)rounding the product of the calculation under clause
(i)to the nearest whole number. ####
(2)Cost-per-tail factor For purposes of paragraph (1)(B), the cost-per-tail factor is equal to— #####
(A)the affordability cost target for F-35C aircraft of the Navy (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by #####
(B)a number equal to the average cost-per-tail-per-year of the F-35C aircraft of the Navy during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). ###
(d)F-35C Quantity Limit for the Marine Corps ####
(1)Limitation Beginning on October 1, 2028, the total number of F-35C aircraft that the Secretary of the Navy may maintain in the aircraft inventory of the Marine Corps may not exceed the lesser of— #####
(A)67; or #####
(B)the number obtained by— ######
(i)multiplying 67 by the cost-per-tail factor determined under paragraph (2); and ######
(ii)rounding the product of the calculation under clause
(i)to the nearest whole number. ####
(2)Cost-per-tail factor For purposes of paragraph (1)(B), the cost-per-tail factor is equal to— #####
(A)the affordability cost target for F-35C aircraft of the Marine Corps (as determined by the Secretary of the Navy in accordance with subsection (e)), divided by #####
(B)a number equal to the average cost-per-tail-per-year of the F-35C aircraft of the Marine Corps during fiscal year 2027 (as determined by the Secretary of the Navy in accordance with subsection (f)). ###
(e)Determination of Required Affordability Cost Targets ####
(1)Air force Not later than October 1, 2025, the Secretary of the Air Force shall— #####
(A)determine an affordability cost target to be used for purposes of subsection (a)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F-35A aircraft of the Air force for fiscal year 2027; and #####
(B)submit to the congressional defense committees a certification identifying the affordability cost target determined under subparagraph (A). ####
(2)Navy and marine corps Not later than October 1, 2025, the Secretary of the Navy shall— #####
(A)determine an affordability cost target to be used for purposes of subsection (b)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F-35B aircraft of the Marine Corps for fiscal year 2027; #####
(B)determine an affordability cost target to be used for purposes of subsection (c)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F-35C aircraft of the Navy for fiscal year 2027; #####
(C)determine an affordability cost target to be used for purposes of subsection (d)(2)(A), which shall be the dollar amount the Secretary determines to represent the required cost-per-tail-per-year for an F-35C aircraft of the Marine Corps for fiscal year 2027; and #####
(D)submit to the congressional defense committees a certification identifying each affordability cost target determined under subparagraphs
(A)through (C). ###
(f)Determination of Actual Cost-per-tail-per-year for Fiscal Year 2027 — ####
(1)In general Not later than 90 days after the end of fiscal year 2027— #####
(A)the Secretary of the Air Force shall determine the average cost-per-tail of the F-35A aircraft of the Air Force during fiscal year 2027; and #####
(B)the Secretary of the Navy shall determine the average cost-per-tail of— ######
(i)the F-35B aircraft of the Marine Corps during fiscal year 2027; ######
(ii)the F-35C aircraft of the Navy during fiscal year 2027; and ######
(iii)the F-35C aircraft of the Marine Corps during fiscal year 2027. ####
(2)Calculation For purposes of paragraph (1), the average cost-per-tail of a variant of an F-35 aircraft of an Armed Force shall be determined by— #####
(A)adding the total amount expended for fiscal year 2027 (in base year fiscal 2012 dollars) for all such aircraft in the inventory of the Armed Force for— ######
(i)unit level manpower; ######
(ii)unit operations; ######
(iii)maintenance; ######
(iv)sustaining support; ######
(v)continuing system support; and ######
(vi)modifications; and #####
(B)dividing the sum obtained under subparagraph
(A)by the average number of such aircraft in the inventory of the Armed Force during such fiscal year. ###
(g)Waiver Authority The Secretary of Defense may waive the quantity limits under any of subsections
(a)through
(d)if, prior to issuing such a waiver, the Secretary certifies to the congressional defense committees that procuring additional quantities of a variant of an F-35 aircraft above the applicable quantity limit are required to meet the national military strategy requirements of the combatant commanders. The authority of the Secretary under this subsection may not be delegated. ###
(h)Aircraft Defined In this section, the term “aircraft” means aircraft owned and operated by an Armed Force of the United States and does not include aircraft owned or operated by an armed force of a foreign country.