Sec. 356. REPORT AND CERTIFICATION REQUIREMENTS REGARDING SUSTAINMENT COSTS FOR FIGHTER AIRCRAFT PROGRAMS

497 words·~2 min read·/statute-compilations/comps-16861/sec-356

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 356 REPORT AND CERTIFICATION REQUIREMENTS REGARDING SUSTAINMENT COSTS FOR FIGHTER AIRCRAFT PROGRAMS ###

(a)Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on individual aircraft fleet sustainment costs for the F-35 A/B/C, F/A-18 C/D/E/F/G, AV-8B, A-10C, F-16 C/D, F-22, and F-15 C/E/EX aircraft fleets. Such report shall include the following: ####

(1)A detailed description and explanation of, and the actual cost data related to, current sustainment costs for the aircraft fleets specified in this subsection, 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 for a prime contractor and any first-tier subcontractor) with respect to such sustainment costs. ####

(2)An identification of sustainment cost metrics for each aircraft fleet specified in this subsection for each of fiscal years 2022 through 2026, expressed in cost-per-tail-per-year format. ###

(b)Limitation on Certain F-35 Contracts ####

(1)In general The Secretary of Defense may not enter into a performance-based logistics sustainment contract for the F-35 airframe or engine programs, or modify an existing contract for the F-35 airframe or engine programs to require the use of a performance-based logistics sustainment contract, unless the Secretary submits to the congressional defense committees a certification that the Secretary has determined such a performance-based logistics contract will— #####

(A)reduce sustainment or operating costs for the F-35 airframe or engine programs; or #####

(B)increase readiness rates, full and partial mission capability rates, or airframe and engine availability rates of the F-35 weapon system. ####

(2)Certification Any certification submitted pursuant to paragraph

(1)shall include a cost-benefit analysis comparing an existing contract for the F-35 airframe or engine programs with a performance-based logistics sustainment contract for the F-35 airframe or engine programs. ####

(3)Applicability The limitation under paragraph

(1)shall not apply with respect to the termination, modification, exercise of a contract option for, or other action relating to, a contract for the F-35 program entered into prior to the date of the enactment of this Act unless such termination, modification, exercise, or other action would require the use of a performance-based logistics sustainment contract as specified in paragraph (1). ###

(c)Cost-per-tail-per-year Calculation For purposes of this section, the average cost-per-tail of a variant of an aircraft of an Armed Force shall be determined by— ####

(1)adding the total amount expended for a fiscal year (in base year fiscal 2012 dollars) for all such aircraft in the inventory of an Armed Force for— #####

(A)unit level manpower; #####

(B)unit operations; #####

(C)maintenance; #####

(D)sustaining support; #####

(E)continuing system support; and #####

(F)modifications; and ####

(2)dividing the sum resulting under paragraph

(1)by the average number of such aircraft in the inventory of an Armed Force during such fiscal year.