(a) Authority
Subject to the provisions of section 3501 of title 10, United States Code, specified in subsection (c), the head of an agency may enter into one or more multiyear contracts for more than one but not more than seven program years, beginning in fiscal year 2027, for the procurement of the following systems (including items, services, and logistics support associated with those systems and their subsystems):
Standard Missile–3 (SM–3) Block IB missile systems.
Standard Missile–3 (SM–3) Block IIA missile systems.
Precision Strike Missiles (PrSM).
Standard Missile–6 Missiles (SM–6).
Advanced Medium-Range Air-to-Air Missiles (AMRAAM).
Joint Air-to-Surface Standoff Missiles (JASSM).
Long Range Anti-Ship Missiles (LRASM).
Tomahawk Land Attack Missile (TLAM) and Maritime Strike Tomahawk (MST).
Terminal High Altitude Area Defense (THAAD) systems.
Patriot Advanced Capability–3 (PAC–3) Missile Segment Enhancement (MSE) systems.
Low-cost hypersonic strike systems.
Family of Affordable Mass Munitions (FAMM), Extended-Range Attack Munition (ERAM), Enterprise Test Vehicle (ETV), and ground-launched low-cost cruise missile systems.
Joint Advanced Tactical Missiles (JATM).
(b) Procurement in conjunction with existing contracts
The systems authorized to be procured under subsection (a) may be procured as an addition to an existing contract relating to such systems.
(c) Limited applicability of other law
The provisions of section 3501 of title 10, United States Code, specified in this subsection are as follows:
Subsection (f).
Subsection (g), applied by substituting contract awarded pursuant to the authority of this section for contract described in subsection (a) each place it appears.
Subsection (i)(1).
Subsection (1)(3).
(d) Certification to congressional defense committees required
The head of an agency may enter into a multiyear contract under subsection (a) only if the head of the agency certifies to the congressional defense committees in writing, not later than seven days before entering into such a contract, each of the following:
That the use of such a contract is consistent with the projected force structure requirements for the applicable program.
That the use of such a contract will result in significant savings compared to the total anticipated costs of carrying out the program through annual contracts.
That there is a reasonable expectation that throughout the contemplated contract period the head of the agency will request funding for the contract at the level required to avoid contract cancellation.
That there is a stable design for the property to be acquired and the technical risks associated with such property are not excessive.
That the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a such a contract are realistic.
That the use of such a contract will promote the national security of the United States.
That during the fiscal year in which the contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program (as defined in section 221 of title 10, United States Code) for such fiscal year will include the funding required to execute the program without cancellation.
(e) Authority for advance procurement
The head of an agency may enter into one or more contracts for advance procurement associated with a program for which authorization to enter into a multiyear contract is provided under subsection (a) and for systems and subsystems associated with such program, in economic order quantities when cost savings are achievable.
(f) Condition for out-year contract payments
A multiyear 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 for that purpose for such later fiscal year.
(g) Definition
In this section, the term head of an agency means—
the Secretary of Defense;
the Secretary of the Army;
the Secretary of the Navy; or
the Secretary of the Air Force.