MODIFICATION TO LIMITATION ON RETIREMENT OF U–2 AND RQ–4 AIRCRAFT.

SEC. 139. MODIFICATION TO LIMITATION ON RETIREMENT OF U–2 AND RQ–4 AIRCRAFT. Section 136 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1317) is amended by striking subsection (b) and inserting the following new subsection (b):“(b) Waiver.—The Secretary of Defense may waive a certification requirement under paragraphs (1) or (2) of subsection (a) with respect to U–2 aircraft or RQ–4 aircraft if the Secretary—“(1) with respect to the requirement under paragraph (1) of that subsection—“(A) determines, after analyzing sufficient and relevant data, that a greater capability is worth increased operating and sustainment costs; and“(B) provides to the appropriate committees of Congress a certification on such determination and supporting analysis; and“(2) with respect to the requirement under paragraph (2) of that subsection—“(A) determines, after analyzing sufficient and relevant data, that a loss in capacity and capability will not prevent the combatant commands from accomplishing their missions at acceptable levels of risk; and“(B) provides to the appropriate committees of Congress a certification of such determination and supporting analysis.”.