(a) Authority for multiyear procurement
Subject to section 3501 of title 10, United States Code, and except as provided in subsections (b) and (c), the Secretary of Defense may enter into one or more multiyear contracts, beginning with the fiscal year 2027 program year, for the procurement of—
F–35 aircraft; and
initial spare parts and alternate mission equipment 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 and alternate mission equipment for each aircraft to be procured under the contract.
(c) Additional requirements and limitations
(1) In general
The Secretary of Defense may not enter into a contract for the procurement of an aircraft under subsection (a) until the date on which all of the following requirements have been met:
The Under Secretary of Defense for Acquisition and Sustainment has certified to the congressional defense committees that—
any multiyear contracts for the procurement of F–35 aircraft units will achieve savings of not less than 5 percent compared with the estimated cost of procuring the same number and configuration of F–35 aircraft through annual contracts over the same period; and
the Director of Cost Assessment and Program Evaluation reviewed and validated such savings estimate.
The Under Secretary of Defense for Acquisition and Sustainment has submitted to the congressional defense committees a report on the plan of the Department of Defense to improve operational readiness rates of F–35 aircraft. The report shall include—
funding requirements, by fiscal year, that achieve readiness to the required rates of full mission capability, mission capability, and aircraft availability, as defined by the Air Force and the Department of the Navy; and
funding requirements across the period covered by the future-years defense program that demonstrate full resources budgeted and programmed to achieve annual readiness requirements as identified in clause (i).
(2) Limitation on availability of funds
Of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2027 for the Office of the Under Secretary of Defense for Acquisition and Sustainment for official travel, not more than 50 percent may be obligated or expended until the date on which the Under Secretary submits to the congressional defense committees a certification—
that funding for fiscal year 2026 has been obligated and expended to meet the fiscal year 2026 readiness requirements as identified in paragraph (1)(B)(i); and
that funding for fiscal year 2027 has been requested to meet fiscal year 2027 readiness requirements as identified in such paragraph.
(d) Condition for out-year contract payments
A 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.
(e) 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.