To authorize the exchange with the United Kingdom of certain F-35 Lightning II Joint Strike Fighter aircraft.

1. Adds SEC. 158. AUTHORITY FOR EXCHANGE WITH UNITED KINGDOM OF SPECIFIED F-35 LIGHTNING II JOINT STRIKE FIGHTER AIRCRAFT at the end of subtitle D of title I

   Adds a section

   In S. 1867 · Placed on Calendar Senate

   (b) Use of Remaining Funds.--The Secretary of the Air Force shall take appropriate actions to ensure that any funds described by subsection (a)(2)(B) are obligated and expended for the purpose for which originally authorized and appropriated, including, but not limited to, the installation of two engine shipsets on two operational Joint Surveillance Target Attack Radar System aircraft and the purchase of two spare engines.

   Inserted: SEC. 158. AUTHORITY FOR EXCHANGE WITH UNITED KINGDOM OF SPECIFIED F-35 LIGHTNING II JOINT STRIKE FIGHTER AIRCRAFT.

   Inserted: (a) Authority.--

   Inserted: (1) Exchange authority.--In accordance with subsection (c), the Secretary of Defense may transfer to the United Kingdom of Great Britain and Northern Ireland (in this section referred to as the "United Kingdom") all right, title, and interest of the United States in and to an aircraft described in paragraph (2) in exchange for the transfer by the United Kingdom to the United States of all right, title, and interest of the United Kingdom in and to an aircraft described in paragraph (3). The Secretary may execute the exchange under this section on behalf of the United States only with the concurrence of the Secretary of State.

   Inserted: (2) Aircraft to be exchanged by united states.--The aircraft authorized to be transferred by the United States under this subsection is an F-35 Lightning II aircraft in the Carrier Variant configuration acquired by the United States for the Marine Corps under a future Joint Strike Fighter program contract referred to as the Low-Rate Initial Production 6 contract.

   Inserted: (3) Aircraft to be exchanged by united kingdom.--The aircraft for which the exchange under paragraph (1) may be made is an F-35 Lightning II aircraft in the Short-Take Off and Vertical Landing configuration that, as of November 19, 2010, is being acquired on behalf of the United Kingdom under an existing Joint Strike Fighter program contract referred to as the Low-Rate Initial Production 4 contract.

   Inserted: (b) Funding for Production of Aircraft.--

   Inserted: (1) Funding sources for aircraft to be exchanged by united states.--

   Inserted: (A) In general.--Except as provided in subparagraph (B), funds for production of the aircraft to be transferred by the United States (including the propulsion system, long lead-time materials, the production build, and deficiency corrections) may be derived from appropriations for Aircraft Procurement, Navy, for the aircraft under the contract referred to in subsection (a)(2).

   Inserted: (B) Exception.--Costs for flight test instrumentation of the aircraft to be transferred by the United States and any other non-recurring and recurring costs for that aircraft associated with unique requirements of the United Kingdom may not be borne by the United States.

   Inserted: (2) Funding sources for aircraft to be exchanged by united kingdom.--Costs for upgrades and modifications of the aircraft to be transferred to the United States that are necessary to bring that aircraft to the Low-Rate Initial Production 6 configuration under the contract referred to in subsection (a)(2) may not be borne by the United States.

   Inserted: (c) Implementation.--The exchange under this section shall be implemented pursuant to the memorandum of understanding titled "Joint Strike Fighter Production, Sustainment, and Follow-on Development Memorandum of Understanding", which entered into effect among nine nations including the United States and the United Kingdom on December 31, 2006, consistent with section 27 of the Arms Export Control Act (22 U.S.C. 2767), and as supplemented as necessary by the United States and the United Kingdom.

   Original wording

   At the end of subtitle D of title I, add the following:

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As printed