LIMITATION ON RETIREMENT OF U-2 AND RQ-4 AIRCRAFT.

SEC. 136. LIMITATION ON RETIREMENT OF U-2 AND RQ-4 AIRCRAFT. (a) Limitation.—The Secretary of the Air Force may take no action that would prevent the Air Force from maintaining the fleets of U-2 aircraft or RQ-4 aircraft in their current, or improved, configurations and capabilities until— (1) the Under Secretary of Defense for Acquisition and Sustainment certifies in writing to the appropriate committees of Congress that— (A) in the case of the RQ-4 aircraft, the validated operating and sustainment costs of the capability developed to replace the RQ-4 aircraft are less than the validated operating and sustainment costs for the RQ-4 aircraft on a comparable flight-hour cost basis; or (B) in the case of the U-2 aircraft, the validated operating and sustainment costs of the capability developed to replace the U-2 aircraft are less than the validated operating and sustainment costs for the U-2 aircraft on a comparable flight-hour cost basis; and (2) the Chairman of the Joint Requirements Oversight Council certifies in writing to the appropriate committees of Congress that the capability to be fielded at the same time or before the retirement of the U-2 aircraft or RQ-4 aircraft (as the case may be) would result in equal or greater capability available to the commanders of the combatant commands and would not result in less capacity available to the commanders of the combatant commands. (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. (c) Appropriate Committees of Congress Defined.—In this section, the term “appropriate committees of Congress” means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (d) Repeal.—Section 133 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1321) is repealed.