Sec. 161 — Multiyear procurement authority for F–15EX aircraft

Statutory text

(a) Authority for multiyear procurement. Subject to section 3501 of title 10, United States Code, and except as provided in subsection (b), the Secretary of Defense may enter into one or more multiyear contracts, beginning with the fiscal year 2027 program year, for the procurement of—

(1) F—15EX aircraft; and(2)initial spare parts, alternate mission equipment, and conformal fuel tanks for such aircraft.

(b) Limitation. The Secretary of Defense may not enter into a contract for the procurement of an aircraft under subsection (a) until the date on which the Secretary certifies to the congressional defense committees that such contract will provide for the procurement of the full complement of initial spare parts, alternate mission equipment, and conformal fuel tanks for each aircraft to be procured under the contract.

(c) Condition for out-year contract paymentsA contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2027 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.

(d) Authority for advance procurement. The Secretary of Defense may enter into one or more contracts, beginning in fiscal year 2027, for advance procurement associated with the aircraft for which authorization to enter into a multiyear procurement contract is provided under subsection (a), which may include procurement of economic order quantities of material and equipment for such aircraft when cost savings are achievable.