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H.R. 3838IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 340 · H.R. 3838

Joint Strike Fighter sustainment

Division A — Department of Defense Authorizations › Title III — Operation and Maintenance › Subtitle C — Logistics and Sustainment

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No wording changed between Committee version and Passed the House.

How the text changed

Committee version · Sec. 340

(a) Requirements By not later than September 30, 2028, the Secretary of Defense, in consultation with the Secretary of the Navy and the Secretary of the Air Force, shall ensure that— (1) sufficient wartime spares, support equipment, and depot level capabilities are projected to be available for the F-35 Joint Strike Fighter to— (A) sustain F-35 Joint Strike Fighter operations for at least 90 days in the most stressing operational plan required of each such Secretary; and (B) meet the fleet wide minimum readiness targets established by each such Secretary; and (2) each F-35 Joint Strike Fighter contractor has provided to the Secretary of the Navy or the Secretary of the Air Force, as applicable, and such Secretary has validated as accurate, all information that is necessary for the Department of Defense to successfully complete the financial reporting and accountability requirements for F-35 property, including— (A) the incorporation of information relating to the management and reporting of Government property that has been provided for contractor performance, as defined and agreed upon in the contract entered into by the contractor; and (B) the remediation of all material weaknesses of the F-35 Joint Strike Fighter Program identified in the Department of Defense Agency Financial Report for Fiscal Year 2024 that are within the control and responsibility of the contractor. (b) Treatment of individual contracts The information required under subsection (a)(2) may be provided on an individual contract basis. (c) Waiver The Secretary may waive a requirement under subsection (a) if the Secretary— (1) determines that such waiver is in the national security interests of the United States; and (2) provides to the congressional defense committees notice of such determination, which shall include an identification of the concern of the Secretary, a remedial action plan, and a proposed timeline to meet the requirements of such subsection. (d) Report Not later than February 1, 2026, the Secretary of Defense, in coordination with the Secretary of the Navy and the Secretary of the Air Force, shall submit to the congressional defense committees a report on the F-35 Joint Strike Fighter program that includes a description of each of the following: (1) The top scarce supply assets and plans to reach sustainable supply positions by not later than September 30, 2028. (2) The readiness condition of afloat and deployment spares packages and efforts available to refresh outdated supplies and spares. (3) The fiscal programming, by fiscal year, necessary to reduce deficient parts and depot capabilities to meet the joint strike fighter planning targets by not later than September 30, 2028.

•HR 3838 RHSEC. 340
Passed the House · Sec. 340

(a) Requirements By not later than September 30, 2028, the Secretary of Defense, in consultation with the Secretary of the Navy and the Secretary of the Air Force, shall ensure that— (1) sufficient wartime spares, support equipment, and depot level capabilities are projected to be available for the F-35 Joint Strike Fighter to— (A) sustain F-35 Joint Strike Fighter operations for at least 90 days in the most stressing operational plan required of each such Secretary; and (B) meet the fleet wide minimum readiness targets established by each such Secretary; and (2) each F-35 Joint Strike Fighter contractor has provided to the Secretary of the Navy or the Secretary of the Air Force, as applicable, and such Secretary has validated as accurate, all information that is necessary for the Department of Defense to successfully complete the financial reporting and accountability requirements for F-35 property, including— (A) the incorporation of information relating to the management and reporting of Government property that has been provided for contractor performance, as defined and agreed upon in the contract entered into by the contractor; and (B) the remediation of all material weaknesses of the F-35 Joint Strike Fighter Program identified in the Department of Defense Agency Financial Report for Fiscal Year 2024 that are within the control and responsibility of the contractor. (b) Treatment of individual contracts The information required under subsection (a)(2) may be provided on an individual contract basis. (c) Waiver The Secretary may waive a requirement under subsection (a) if the Secretary— (1) determines that such waiver is in the national security interests of the United States; and (2) provides to the congressional defense committees notice of such determination, which shall include an identification of the concern of the Secretary, a remedial action plan, and a proposed timeline to meet the requirements of such subsection. (d) Report Not later than February 1, 2026, the Secretary of Defense, in coordination with the Secretary of the Navy and the Secretary of the Air Force, shall submit to the congressional defense committees a report on the F-35 Joint Strike Fighter program that includes a description of each of the following: (1) The top scarce supply assets and plans to reach sustainable supply positions by not later than September 30, 2028. (2) The readiness condition of afloat and deployment spares packages and efforts available to refresh outdated supplies and spares. (3) The fiscal programming, by fiscal year, necessary to reduce deficient parts and depot capabilities to meet the joint strike fighter planning targets by not later than September 30, 2028.

•HR 3838 EHSEC. 340

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