Mike D. Rogers
Representative for Alabama · Republican · United States
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(8) An assessment of NATO's deterrence efforts in Romania, including a description and evaluation of-- (A) United States force posture in Romania, including any new rotations to Romania intended to enhance deterrence following the 2025 decision to end the rotational presence of a United States brigade; (B) consultations with NATO allies r…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(a) Requirement for Risk-based Approach.--Section 3843 of title 10, United States Code, is amended to read as follows: ``Sec. 3843. Contractor business systems: monitoring and surveillance standards ``(a) Requirement for Risk-based Approach.--The Secretary shall implement an agile, streamlined risk-based approach to surveillance of contra…”
“(b) Modification of Certain Certifications and Assessments.-- (1) Certifications.--Section 1249(b) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60) is amended-- (A) in the matter preceding paragraph (1), by striking ``The certification described'' and inserting following: ``(1) In general.--Except as prov…”
“(b) Objectives.--The Commander shall ensure that the Cognitive Performance Enhancement Program-- (1) improves readiness, resilience, and recovery, using evidence-based holistic and proactive high-performance brain training that has a validated ability to scale cost- effectively across the special operations forces enterprise; [[Page H4842…”
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“(b) Program Activities.--In carrying out the pilot program established under subsection (a), the Director shall-- (1) identify each part, component, or assembly listed on the No Bid Solicitation List that-- (A) is a critical readiness item of supply; (B) is associated with a solicitation made at least 18 months in the past that has received no bids or no responsive offers; and (C) is suitable to be produced by advanced manufacturing; (2) for each part, component, or assembly identified under paragraph (1), identify one or more small business concerns with capabilities to produce or contribute to the production of the part, component, or assembly, including capabilities such as-- (A) utilization of digital engineering, digital twins, or model-based engineering; (B) employment of advanced manufacturing technologies, including additive manufacturing; (C) rapid prototyping or reverse engineering; (D) ability to produce low-volume or legacy parts, components, or assemblies; or (E) specialization in-- (i) development of engineering and technical data packages; (ii) validated manufacturing processes and materials; or (iii) support testing, certification, and qualification activities of parts, components, or assemblies; and (3) use available authorities to enter into contracts or agreements with small business concerns identified under paragraph (2) for the manufacture of parts, components, or assemblies identified under paragraph (1).”
“SEC. 1873. PILOT PROGRAM ON DIGITAL ENGINEERING AND ADVANCED MANUFACTURING TO ADDRESS NO-BID SOLICITATIONS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Director of the Defense Logistics Agency, in coordination with the Assistant Secretary of Defense for Sustainment and the Assistant Secretary of Defense for Industrial Base Policy, shall establish a pilot program to leverage small business concerns to address supply chain gaps associated with parts, components, and assemblies listed on the No Bid Solicitation List.”
“(b) Increased Funding Limits.--Section 4955 of title 10, United States Code, as amended by section 861(c) of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60), is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``$1,500,000'' and inserting ``$2,000,000''; (B) in paragraph (2), by striking ``$750,000'' and inserting ``$1,000,000''; and (C) in paragraph (4), by striking ``1,500,000'' and inserting ``$2,000,000''; and (2) by adding at the end the following new subsection: ``(f) Waiver.--The Secretary may waive or modify the dollar amounts in subsection (a) on a case-by-case basis, if the Secretary-- ``(1) determines that it would be in the best interest of the program; and ``(2) provides the congressional defense committees notice of such modification or waiver not later than 30 days after making such modification or issuing such waiver.''.”
“(a) Purposes.--Section 4952(1) of title 10, United States Code, as amended by section 861 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60), is amended by striking ``furnishing procurement technical assistance'' and inserting ``furnishing confidential procurement technical assistance''.”
“``(2) The Secretary of Defense may delegate the authority under paragraph (1) to the commander of a Major Range and Test Facility Installation.''; and (5) in subsection (g), as redesignated by paragraph (3), by adding at the end the following new paragraphs: ``(3) The term `covered contractor' means a small business concern or nontraditional defense contractor, that, during the preceding fiscal year, received not greater than $50,000,000 in contracts or agreements from the Department of Defense. ``(4) The term `nontraditional defense contractor' has the meaning given such term in section 3014 of this title. ``(5) The term `small business concern' has the meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632).''. SEC. 1872. AMENDMENTS TO THE PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM.”
“Section 4175 of title 10, United States Code, is amended-- (1) in subsection (c), by striking ``A contract entered into'' and inserting ``Except as provided in subsection (e), a contract entered into''; (2) in subsection (d), by inserting ``or subsection (e)'' after ``subsection (c)''; (3) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; (4) by inserting after subsection (d) the following new subsection: ``(e) Exception to Contract Price Requirement.--(1) Notwithstanding subsection (c), a contract entered into under subsection (a) with a covered contractor may include a provision authorizing a commercial entity using a Major Range and Test Facility Installation under the contract to reimburse the Department of Defense for a cost that is less than the amount of all direct costs to the United States associated with the test and evaluation activities conducted by the covered contractor under the contract if the Secretary determines, and certifies in writing, that-- ``(A) such test and evaluation activities are for a promising science and technology concept with a low technology readiness level; ``(B) the contract is expected to yield to the Department of Defense a significant, long-term technological benefit or benefit relating to the defense industrial base; and ``(C) such test and evaluation activities will not delay or displace previously scheduled test activities associated with an existing program of record or the Portfolio Acquisition Executive of such program of record has provided written agreement to the delay or displacement.”
“(2) The term ``supply chain chokepoint'' means any component or subcomponent that-- (A) is a necessary input to the production of one or more defense articles within a covered strategic sector; and (B) is-- (i) produced by a limited number of domestic suppliers, a single domestic supplier, or no domestic supplier; or (ii) is sourced in significant part from a covered nation, as such term is defined in section 4872(f)(2) of title 10, United States Code, the disruption of which would materially impair the production of one or more defense articles. [[Page H4887]] Subtitle D--Small Business Matters SEC. 1871. EXCEPTION TO CONTRACT PRICE REQUIREMENT RELATING TO USE OF TEST AND EVALUATION INSTALLATIONS BY COMMERCIAL ENTITIES.”
“(F) Subcomponents for attritable, unmanned, and autonomous systems, including-- (i) optical sensors; (ii) motors; and (iii) cameras. (G) Such other components as designated by the Assistant Secretary pursuant to a determination that the sector is critical to the ability of the United States to deter or prevail in a high-end conflict.”
“(4) Such recommendations, including legislative recommendations and recommendations for new or expanded production or financing authorities, as the Assistant Secretary considers appropriate to expand organic industrial base and other production needs identified in the briefing and report. (b) Definitions.--In this section: (1) The term ``covered strategic component'' means each of the following: (A) High-strength steel and titanium castings and forgings and other components supporting the submarine industrial base. (B) Subcomponents required for long-range fires and air and missile defense systems, including-- (i) solid rocket motors; (ii) energetics and their precursors; and (iii) sensitive electronics. (C) Batteries, rare earth magnets, and other energy storage platforms. (D) Castings and forgings. (E) Printed circuit boards.”
“(3) An evaluation of production and financing models and mechanisms best suited to expand domestic production for each identified supply chain chokepoint, including each of the following: (A) Government-owned, government-operated, or other forms of government production; (B) Government-owned, contractor-operated production; (C) Contractor-owned, contractor-operated production, or other forms of commercial production; (D) Pre-qualifying additional commercial production sources; (E) Strategic stockpiling; (F) Government lending, grants, and other financing; and (G) Offtake agreements, price-floor commitments, multiyear procurement, or other government commitments to ensure predictable demand aggregation.”
“(2) A categorization of identified supply chain chokepoints into the following approaches best suited for expanding domestic production, including a description of the criteria used for each category: (A) Government production. (B) Government-supported commercial production. (C) Commercially viable production with de-risked private entry.”
“(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Industrial Base Policy shall provide to the congressional defense committees a briefing and report that include each of the following: (1) An identification of supply chain chokepoints for each covered strategic component, including-- (A) the defense articles and systems dependent on the chokepoint, particularly for components necessary to produce multiple critical defense articles; (B) the current domestic and foreign sources of supply, including identification of any covered nation sources and any single points of failure; (C) the consequences to defense production of a disruption of the chokepoint; and (D) the estimated time required to restore or replace the capability in the event of a disruption.”
“(f) Termination.--The authority to carry out the Program shall terminate on the date that is five years after the date of the enactment of this Act. (g) Definitions.--In this section: (1) The term ``covered depot'' has the meaning given such term in 2476 of title 10, United States Code. (2) The term ``organic industrial base'' means each covered depot. (3) The term ``Program'' means the program established under subsection (a). SEC. 1867. BRIEFING AND REPORT ON DEFENSE INDUSTRIAL BASE CHOKEPOINTS AND ORGANIC INDUSTRIAL BASE MODERNIZATION.”
“(e) Report.--Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the activities carried out under the Program, including-- (1) an identification of any certification or accreditation achieved pursuant to subsection (c)(1); (2) a description of the number and type of casts and forged components manufactured by each covered depot under the Program and whether such casts or forged components have been qualified for use with respect to legacy aircraft; (3) a description of any operational or funding barriers to implementation of the Program; (4) any recommendations for legislative, regulatory, or policy modifications necessary to reduce such barriers, including with respect to the receipt of funds to carry out the Program; and (5) any other recommendations for improving the Program, including whether to extend the or make permanent the Program.”
“(2) Authority under partnership.--As part of any partnership entered into between an original manufacturer of legacy aircraft and a covered depot under paragraph (1), such original manufacturer may analyze requirements and specifications relating to legacy aircraft, and update related technical data, to identify the minimum requirements for raw material, processing of such raw material, and manufacturing, relating to casts and forged components for legacy aircraft.”
“(5) The manufacture, in limited production quantities, of such candidate casts and forged components for use as reserve stock for such legacy aircraft. (6) The development or acquisition of such workforce, equipment, or materials as may be necessary to accomplish any activity under paragraphs (1) through (5). (d) Public-private Partnership.-- (1) Requirement.--Under the Program, each covered depot selected under subsection (b) shall seek to enter into at least one public-private partnership with an original manufacturer of legacy aircraft for the purpose of such manufacturer supporting the activities conducted at the covered depot under subsection (c).”
“(c) Activities Authorized.--In carrying out the Program, the Secretary of Defense may conduct at any covered depot selected pursuant to subsection (b) one or more of the following activities: (1) Such activities as may be necessary to certify or otherwise accredit the covered depot to meet industry standards relating to the manufacturing of casts and forged components for legacy aircraft, including the processing of raw materials for such manufacturing. (2) The identification of candidate casts or forged components to be manufactured at a covered depot for legacy aircraft. (3) The manufacture of test articles for such candidate casts or forged components. (4) The analysis, test, demonstration, and qualification of such candidate casts and forged components for use with respect to legacy aircraft.”
“(a) Program.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a demonstration and prototyping program, to be known as the ``Organic Industrial Base Qualification Program for Castings and Forgings for Legacy Aircraft'', to develop, test, and qualify the organic industrial base as an alternate source for the manufacture of casts and forged components for fixed wing or rotary wing legacy aircraft. (b) Selection of Depots.-- (1) Selection.--The Secretary shall select one or more covered depots at which to carry out the Program. (2) Foundry requirement.--The Secretary shall ensure that any covered depot selected under paragraph (1) has a foundry capable of manufacturing casts and forged components.”
“(a) In General.--Notwithstanding subsection (c) of section 2208 of title 10, United States Code, the Secretary of Defense and the Secretary of a military department may use funds available for operations and maintenance to pay expenses necessary to train prevailing rate employees, as defined by section 5342(a)(2)(A) of title 5, United States Code, who perform services or work funded by a working- capital fund. (b) Termination.--The authority under subsection (a) shall expire on October 1, 2032. SEC. 1866. DEMONSTRATION AND PROTOTYPING PROGRAM FOR QUALIFICATION OF ORGANIC INDUSTRIAL BASE AS ALTERNATE SOURCE FOR MANUFACTURE OF CASTS AND FORGED COMPONENTS FOR LEGACY AIRCRAFT.”
“(3) Report.--Not later than August 1, 2027, the Comptroller General shall submit to the congressional defense committees a report containing the results of the review under paragraph (1). SEC. 1864. EXCLUSION OF MANUFACTURING ARSENAL WORKLOAD FROM DEPOT CARRYOVER CALCULATION. Section 377(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C. 2476 note) is amended by inserting ``any manufacturing arsenal workload and'' after ``calculated carryover amount''. SEC. 1865. TEMPORARY AUTHORITY FOR USE OF OPERATION AND MAINTENANCE FUNDS TO PROVIDE TRAINING FOR CERTAIN EMPLOYEES PERFORMING SERVICES OR WORK FUNDED BY WORKING-CAPITAL FUNDS.”
“Such review shall include the following: (A) An identification of key weapon systems expected to be fielded by the Army for the first time during the five-year period following the date of the commencement of such review. (B) An assessment of the plans of the Army for the maintenance and repair of, and the logistics, supply chain, and other sustainment functions for, such weapon systems. (C) An assessment of the extent to which the Army is developing and investing in the sustainment functions specified in subparagraph (B) concurrent with the fielding of such weapon systems. (2) Briefing.--Not later than April 1, 2027, the Comptroller General shall provide to the congressional defense committees a briefing on preliminary observations relating to the review under paragraph (1), including on planned reporting formats and schedules.”
“``(e) Definitions.--In this section: ``(1) The term `covered Army depot' means a covered depot listed in section 2476(f)(1) of this title. ``(2) The term `organic industrial base of the Army' means each covered Army depot.''. (b) Guidance.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall issue guidance to implement section 2477 of title 10, United States Code, as added by subsection (a). (c) GAO Review.-- (1) Review.--The Comptroller General of the United States shall conduct a review of plans of [[Page H4886]] the Army for sustainment with respect to the development and fielding of new weapon systems.”
“``(d) Annual Report on Certain Activities.--On an annual basis, the Secretary of the Army shall disseminate to each covered Army depot, and submit to the congressional defense committees, a report that includes-- ``(1) with respect to the year preceding the date of the submission of the report, detailed information on-- ``(A) the type and quantity of production activities and depot-level maintenance and repair activities performed by each such depot during such year; and ``(B) how such activities were coordinated with other production activities and depot-level maintenance and repair activities across the Department of Defense; and ``(2) with respect to the three-year period following the date of the submission of the report, a comprehensive plan for the production activities and depot-level maintenance and repair activities to be performed by each such depot during such period, including detailed information on-- ``(A) the type and quantity of such activities; ``(B) how such activities would be coordinated with other production activities and depot-level maintenance and repair activities across the Department of Defense; ``(C) for each fiscal year within such period, how the projected use of funds for the depot-level maintenance and repair workload of each covered Army depot would contribute to the percentage limitation under section 2466 of this title; and ``(D) the current and projected needs of the Army, the other military departments, and foreign partners, that may be addressed through such activities.”
“``(c) Reports on Modernization Efforts.--Concurrent with the submission of each plan required by section 2473 of this title, the Secretary of the Army shall submit to the congressional defense committees a report detailing, with respect to the five-year period covered by the plan, the efforts of the Army over such period to modernize covered Army depots consistent with this section, including the criteria used to allocate funds available for such modernization between such depots.”
“``(b) Limitation on Actions to Decrease Workload.--The Secretary of the Army may not carry out any action that would decrease the workload performed by any covered Army depot for a year by more than 10 percent as compared with the workload performed by that covered Army depot five years prior unless-- ``(1) the Secretary of the Army submits to the congressional defense committees a notification that includes an explanation for such decrease and a plan to shift other workload requirements of the Army to the covered Army depot, to maintain workforce capability; and ``(2) a period of 30 days has elapsed following such notification.”
“``(5) Establishing key training pipelines, and desired throughput with respect to such pipelines, necessary to support each covered Army depot in accordance with this subsection, including by identifying appropriations necessary for such support.”
“``(3) Establishing an updated resourcing model for such organic industrial base, for the purpose of-- ``(A) reducing production costs associated with each covered Army depot; and ``(B) ensuring such costs are, to the maximum extent practicable, competitive with commercial capabilities. ``(4) Ensuring the updated resourcing model established under paragraph (3)-- ``(A) details any modification to a working-capital fund of the Army necessary to achieve a purpose specified in such paragraph; and ``(B) accounts for the use of funds appropriated for the Army or relevant elements of the Department of Defense, including the Army Contracting Command, the Civilian Human Resources Agency of the Army, the Defense Finance and Accounting Service, and the Defense Information Systems Agency, or for base operating services.”
“``(2) Establishing an updated structure for the governance of such organic industrial base, under which-- ``(A) decisions regarding resourcing and site operations overseen by the Army Materiel Command shall be delineated from, and reconciled with, workload and acquisition requirements overseen by the Assistant Secretary of the Army for Acquisition, Logistics, and Technology; and ``(B) the relationship between the Army Sustainment Command and the Joint Energetics Transition Office established under section 148 of this title shall be delineated with respect to such organic industrial base.”
“Modernization of organic industrial base of Department of the Army ``(a) Modernization.--The Secretary of the Army shall take such steps as may be necessary to accelerate the modernization of the organic industrial base of the Army to meet the requirements of the Army, including by carrying out the following: ``(1) Ensuring the production of additional materials by, or the expanded use of capabilities of, such organic industrial base.”
“Accounting for certain depots: authority to write off capital expenditures ``(a) Authority.--With respect to any covered depot, the Secretary of Defense may write off, for accounting purposes, any depreciated cost or debt associated with capital that does not generate revenue as a result of a Government- directed mission change. ``(b) Delegation of Authority.--The Secretary may delegate the authority under subsection (a) to the Secretary of a military department. ``(c) Covered Depot Defined.--In this section, the term `covered depot' has the meaning given such term in section 2476 of this title.''. SEC. 1863. REFORMS RELATING TO ARMY ORGANIC INDUSTRIAL BASE. (a) Modernization.--Chapter 146 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2477.”
“Section 2466(d)(1) of title 10, United States Code, is amended-- (1) by striking ``each Defense Agency, the percentage'' and inserting ``each Defense Agency--'' ``(A) the percentage''; (2) in subparagraph (A), as so redesignated, by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(B) the dollar amount of such expended and projected funds, respectively, disaggregated by covered depot.''. SEC. 1862. AUTHORITY TO WRITE OFF CAPITAL EXPENDITURES FOR CERTAIN DEPOTS OF DEPARTMENT OF DEFENSE. Chapter 146 of title 10, United States Code, is amended by inserting after section 2470 the following new section: ``Sec. 2471.”
“(c) Briefing.--Not later than 60 days after the date of the enactment of this section, the Comptroller General shall provide to the congressional defense committees a briefing on plans for any assessments required under subsection (a) and a timeline and format for delivery of the final results of such assessments. Subtitle C--Organic Industrial Base SEC. 1861. MODIFICATION TO ANNUAL REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR WORKLOADS BY PUBLIC AND PRIVATE SECTORS.”
“(2) With respect to a procurement described in subsection (a), a determination of whether the Secretary-- (A) has sufficient understanding and data on the incentives and motivations of defense contractors necessary to negotiate a fair deal for the Department of Defense; (B) has and uses mechanisms to assess contractor performance and tools for accountability for meeting contractual obligations; (C) understands the data rights needed to maintain, sustain, and upgrade weapon systems and effectively uses contracting approaches to facilitate iterative development and to adopt commercial technologies; (D) has sufficient understanding of, and can monitor changes in, the defense industrial base, including the effect of mergers and acquisitions and tracking as new entrants; and (E) evaluates the effectiveness of efforts to reduce supply chain risks and measure the effects of available industrial policy tools.”
“SEC. 1842. COMPTROLLER GENERAL ASSESSMENT ON IMPROVING WEAPON SYSTEMS AND TECHNOLOGY PROCUREMENT. (a) Assessments.--The Comptroller General of the United States shall conduct one or more assessments of how the Secretary of Defense can improve procurement of weapon systems and technologies. (b) Elements.--Any assessment under subsection (a) shall include the following: (1) An evaluation of the extent to which the members of the acquisition workforce (as defined in section 101 of title 10, United States Code) have the knowledge, skills, and expertise necessary to negotiate a fair deal for weapon systems and technologies for the Department of Defense.”
“(b) Definitions.--In this section-- (1) the term ``major munitions program'' means-- (A) any major munitions program within the meaning given such term in section 4172 of title 10, United States Code; and (B) any munitions program that is identified as a critical munitions requirement by the Munitions Acceleration Council in the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2027; and (2) the term ``low-cost, mass-produced munition'' means any munition that can be produced and delivered by a single contractor-- (A) in quantities two or more times greater than the quantities that the relevant existing munition can be produced and delivered in a single fiscal year using production capacity that is currently available to the contractor; and (B) at a cost to the Department at least 25 percent lower per unit than the relevant existing munition.”
“(a) Requirement.--In meeting the requirements of the Department of Defense for major munitions programs, the Secretary of Defense shall consider alternative designs, including designs such as low-cost, mass-produced munitions or other capabilities that could complement existing munitions capabilities.”
“(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 [[Page H4885]] 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-- (1) the Secretary of Defense; (2) the Secretary of the Army; (3) the Secretary of the Navy; or (4) the Secretary of the Air Force. SEC. 1841. MANAGING AND MITIGATING RISKS IN MAJOR MUNITIONS PROGRAMS.”
“(7) 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.”
“(2) That the use of such a contract will result in-- (A) savings of the total anticipated costs of carrying out the program through annual contracts; or (B) necessary defense industrial base stability not otherwise achievable through annual contracts. (3) 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. (4) That there is a stable design for the property to be acquired and the technical risks associated with such property are not excessive. (5) 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. (6) That the use of such a contract will promote the national security of the United States.”
“(c) Limited Applicability of Other Law.--In applying section 3501 of title 10, United States Code, to subsection (a), only the following provisions of that section shall apply: (1) Subsection (f). (2) Subsection (g), in which the term ``contract described in subsection (a)'' shall mean a contract awarded pursuant to the authority of this section. (3) Subsection (i)(1). (4) Subsection (l)(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 less than 7 days before entry into the contract, each of the following: (1) That the use of such a contract is consistent with the projected force structure requirements for the respective program.”
“(8) Integrated Battle Command System (IBCS). (9) Air-Launched Rapid Response Weapon Increment 1 (ARRW Inc 1). (10) Army/Navy Transportable Radar Surveillance (TPY-2). (11) Javelin CLU (Command Launch Unit). (12) FGM-148 Javelin. (13) Coyote Block 2C (C-UAS interceptor). (14) Sonobuoys (SSQ-36, SSQ-53, SSQ-62, SSQ-101, SSQ-125). (15) RIM-162 Evolved Sea Sparrow Missile (ESSM). (16) RIM-116 Rolling Airframe Missile (RAM). (17) Remote Modular Terminal (RMT). (18) Counter Communications System (CCS). (b) Procurement in Conjunction With Existing Contracts.-- The systems authorized to be procured under subsection (a) may be procured as additions to existing contracts covering such systems.”
“(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): (1) Guided Multiple Launch Rocket System (GMLRS). (2) 6.8mm ammunition. (3) Advanced Precision Kill Weapon System (APKWS) (AGR-20 A/B), II / Fixed-Wing, Air Launched, Counter-Unmanned [Aircraft Systems] Ordnance (FALCO) (AGR-20F). (4) Lower Tier Air and Missile Defense Sensor (LTAMDS). (5) Small Diameter Bomb II (SDB II). (6) Air Intercept Missile-9X (AIM-9X). (7) Patriot Guidance Enhanced Missile-Tactical (GEM-T).”
“(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-- (1) the Secretary of Defense; (2) the Secretary of the Army; (3) the Secretary of the Navy; or (4) the Secretary of the Air Force. SEC. 1840. MULTIYEAR PROCUREMENT AUTHORITY FOR PLATFORMS AND COMPONENTS SYSTEMS.”
“(7) 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.”
“(3) 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. (4) That there is a stable design for the property to be acquired and the technical risks associated with such property are not excessive. (5) 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. (6) That the use of such a contract will promote the national security of the United States.”
“(2) Subsection (g), applied by substituting ``contract awarded pursuant to the authority of this section'' for ``contract described in subsection (a)'' each place it appears. (3) Subsection (i)(1). (4) 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: (1) That the use of such a contract is consistent with the projected force structure requirements for the applicable program. (2) 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.”
“(9) Terminal High Altitude Area Defense (THAAD) systems. (10) Patriot Advanced Capability-3 (PAC-3) Missile Segment Enhancement (MSE) systems. (11) Low-cost hypersonic strike systems. (12) Family of Affordable Mass Munitions (FAMM), Extended- Range Attack Munition (ERAM), Enterprise Test Vehicle (ETV), and ground-launched low-cost cruise missile systems. (13) 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: (1) Subsection (f).”
“(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): (1) Standard Missile-3 (SM-3) Block IB missile systems. (2) Standard Missile-3 (SM-3) Block IIA missile systems. (3) Precision Strike Missiles (PrSM). (4) Standard Missile-6 Missiles (SM-6). (5) Advanced Medium-Range Air-to-Air Missiles (AMRAAM). (6) Joint Air-to-Surface Standoff Missiles (JASSM). (7) Long Range Anti-Ship Missiles (LRASM). (8) Tomahawk Land Attack Missile (TLAM) and Maritime Strike Tomahawk (MST).”
“(b) Triennial Report.--Not later than December 31, 2027, and triennially thereafter, the Assistant Secretary of Defense for Industrial Base Policy shall submit to the congressional defense committees a report on the findings of the review conducted for the previous three fiscal years, including a description of the effects of completed mergers and acquisitions on the health of the defense industrial base and actions taken to mitigate any risks identified. SEC. 1839. MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN MUNITIONS.”
“(a) Triennial Review.--The Assistant Secretary of Defense for Industrial Base Policy shall triennially review merger and acquisition activity associated with major defense suppliers, including assessing the resulting financial health of such suppliers and whether resulting mergers and acquisitions have affected the supply of an essential good or service needed to support the Department of Defense's mission to provide national security and defense.”