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.” .