H.R. 4350 — what changed

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—

1,763; or

the number obtained by—

multiplying 1,763 by the cost-per-tail factor determined under paragraph (2); and

rounding the product of the calculation under clause (i) to the nearest whole number.

Cost-per-tail factor— For purposes of paragraph (1)(B), the cost-per-tail factor is equal to—

4,100,000, divided by

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 (e)).

Determination of cost-per-tail-per-year for fiscal year 2027— —

In general— Not later than 90 days after the end of fiscal year 2027—

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

the Secretary of the Navy shall determine the average cost-per-tail of—

the F–35B aircraft of the Marine Corps during such fiscal year;

the F–35C aircraft of the Navy during such fiscal year; and

the F–35C aircraft of the Marine Corps during such fiscal year.

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—

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—

unit level manpower;

unit operations;

maintenance;

sustaining support;

continuing system support; and

modifications; and

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.

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.

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.

Assistance to schools with significant numbers of military dependent students— Of the amount authorized to be appropriated for fiscal year 2022 in division D of this Act and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301 of this Act, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).

Local educational agency defined— In this section, the term “local educational agency” has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

Chapter 555 of title 46, United States Code, is redesignated as chapter 504 of such title and transferred to appear after chapter 503 of such title.

Chapter 504 of such title, as redesignated by paragraph (1), is amended in the chapter heading by striking “Miscellaneous” and inserting “Committees”.

The section heading for section 50401 of such title, as redesignated by paragraph (3), is amended to read as follows: “United States Committee on the Marine Transportation System”.

Conforming amendment— Section 8332(b)(1) of the Elijah E. Cummings Coast Guard Authorization Act of 2020 (division G of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283)) is amended by striking “section 55502” and inserting “section 50402”.

The analysis for chapter 504 of title 46, United States Code, as redesignated by subsection (a)(1), is amended to read as follows:

The table of chapters for subtitle V of title 46, United States Code, is amended—

by inserting after the item relating to chapter 503 the following:

by striking the item relating to chapter 555.