Sec. 165. LIMITATION ON PROCUREMENT OF F–35 AIRCRAFT PENDING CERTIFICATION ON IMPROVEMENTS AND CORRECTION OF DEFICIENCIES
908 words·~4 min read·
/statute-compilations/comps-18280/sec-165A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 165 LIMITATION ON PROCUREMENT OF F–35 AIRCRAFT PENDING CERTIFICATION ON IMPROVEMENTS AND CORRECTION OF DEFICIENCIES ###
(a)Limitation The Secretary of Defense may not accept or take delivery of covered F–35 aircraft in excess of the maximum quantities specified in subsection
(c)until the date on which the Secretary certifies to the congressional defense committees that the Secretary is in compliance with each of the following requirements: ####
(1)The Secretary has submitted to Congress (in accordance with subsection (b)) and is implementing a plan, with appropriate actions and milestones, to develop and field F–35 aircraft and mission systems digital-twin models across the F–35 enterprise. ####
(2)The Secretary has submitted to Congress (in accordance with subsection (b)) and is implementing a plan, with appropriate actions and milestones, to procure at least one new cooperative avionics flying test bed aircraft for the F–35 enterprise. ####
(3)The Secretary has submitted to Congress (in accordance with subsection (b)) and is implementing a plan, with appropriate actions and milestones, to procure and construct a new F–35 mission software integration laboratory to enable concurrent testing of TR–2 and TR–3 mission system hardware, software, and any existing or new F–35 capabilities. ####
(4)The Secretary has submitted to Congress (in accordance with subsection (b)) and is implementing a plan of corrective actions and milestones to resolve all deficiencies and recommendations identified in the 2024 F–35 Initial Operational Testing and Evaluation report submitted to Congress by the Director of Operational Testing and Evaluation. ####
(5)The Secretary has submitted to Congress (in accordance with subsection (b)) and is implementing a plan of corrective actions and milestones to minimize F–35 new aircraft production interruptions and resolve all programmatic deficiencies associated with the new F–35 mission system radar hardware and software related to the development, testing, acceptance, certification, production, and fielding of the radar as identified by the Director of the F–35 Joint Program Office. ####
(6)The Secretary has submitted to Congress (in accordance with subsection (b)) and is implementing a plan of corrective actions and milestones to resolve all deficiencies and recommendations identified in the report of the F–35 software Independent Review Team commissioned by the Secretary of the Air Force and the Director of the F–35 Joint Program Office. ####
(7)The Secretary has submitted to Congress (in accordance with subsection (b)) and is implementing a corrective action plan with appropriate actions, milestones, necessary technical data and other resources, and metrics for measuring improvements, to address long-standing sustainment challenges and improve fleetwide mission capable and full mission capable rates for F–35 aircraft. At a minimum, such plan shall provide for— #####
(A)completing the set-up of military service depots and attaining the required production capacity; #####
(B)addressing and mitigating corrosion, particularly in all F–35 variants, including the necessary parts, equipment, technical data, and any necessary adjustments to squadron staffing to effectively conduct corrosion inspections and work; #####
(C)improving the visibility and availability of assets and parts that detract from mission capable rates; and #####
(D)developing mechanisms to surge supply support for the air vehicle and engine and ensure continuity of F–35 logistics and operations in contested environments. ####
(8)The Secretary has submitted all plans and corrective action plans described in paragraphs
(1)through
(7)to the congressional defense committees as required under subsection (b). ####
(9)The Secretary has met the requirements of subsections (b)(5) and
(c)of section 226 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 137 Stat. 196) and has submitted all documentation required to be submitted to Congress pursuant to such subsections. ###
(b)Submittal of Plans to Congress ####
(1)In general The Secretary of Defense shall submit to the congressional defense committees all plans and corrective action plans described in paragraphs
(1)through
(7)of subsection (a). ####
(2)Elements Each plan submitted under paragraph
(1)shall include— #####
(A)an estimate of the total amount of funds required to complete implementation of the plan; #####
(B)realistic, event-driven schedules to achieve the objectives of the plan; and #####
(C)a schedule risk assessment to a minimum of 80 percent confidence level. ####
(3)Form Each plan described in paragraph
(1)shall be submitted in unclassified form, but may contain a classified annex. ###
(c)Maximum Quantities The maximum quantities of covered F–35 aircraft specified in this subsection are the following: ####
(1)Thirty F–35A aircraft. ####
(2)Nine F–35B aircraft. ####
(3)Nine F–35C aircraft. ###
(d)Annual Reports ####
(1)In general Not later than April 1, 2025, and on an annual basis thereafter for the following five years, the Secretary of Defense shall submit to the congressional defense committees a report that includes a comprehensive update on all plans that— #####
(A)were developed pursuant to paragraphs
(1)through
(7)of subsection (a); and #####
(B)are being implemented by the Secretary as of the date of the report. ####
(2)Form Each report under paragraph
(1)shall be submitted in unclassified form but may contain a classified annex. ###
(e)Covered F–35 Aircraft Defined In this section, the term “covered F–35” aircraft means new production F–35 aircraft— ####
(1)that are authorized to be procured using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2025 for the Department of Defense; and ####
(2)the procurement of which is fully funded by the United States.
Connectionstraces to 1
Traces to 1 document
public-private-law
1 reference not yet in our index
- 137 Stat. 196
Citation graph
cites case law
Sec. 165
LIMITATION ON PROCUREMENT OF F–35 AIRCRAFT PENDING CERTIFICATION ON IMPROVEMENTS AND CORRECTION OF DEFICIENCIES
Stat.137 Stat. 196
Cites 2Cited by 0 across 0 sources