CONDITIONAL MULTIYEAR PROCUREMENT AUTHORITY FOR F/A–18E, F/A–18F, OR EA–18G AIRCRAFT.

SEC. 128. CONDITIONAL MULTIYEAR PROCUREMENT AUTHORITY FOR F/A–18E, F/A–18F, OR EA–18G AIRCRAFT.(a) Authority for Multiyear Procurement.—(1) In general.—Subject to section 2306b of title 10, United States Code, the Secretary of the Navy may enter into a multiyear contract for the procurement of F/A–18E, F/A–18F, or EA–18G aircraft.(2) Submission of written certification by secretary of defense.—For purposes of paragraph (1), the term “March 1 of the year in which the Secretary requests legislative authority to enter into such contract” in section 2306b(i)(1) of such title shall be deemed to be a reference to March 1, 2010.(b) Contract Requirement.—A multiyear contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose.(c) Report of Findings.—In addition to any reports or certifications required by section 2306b of title 10, United States Code, not later than March 1, 2010, the Secretary of Defense shall submit to the congressional defense committees a report on how the findings and conclusions of the quadrennial defense review under section 118 of such title and the 30-year aviation plan under section 231a of such title have informed the acquisition strategy of the 123 STAT. 2218 Secretary with regard to the F/A–18E, F/A–18F, and EA–18G aircraft programs of record.(d) Sunset.—(1) Termination date.—Except as provided in paragraph (2), the authority to enter into a multiyear contract under subsection (a) shall terminate on May 1, 2010.(2) Extension.—The Secretary of the Navy may enter into a multiyear contract under subsection (a) until September 30, 2010, if the Secretary notifies the congressional defense committees in writing—(A) that the administrative processes or other contracting activities necessary for executing this authority cannot be completed before May 1, 2010; and(B) of the date, on or before September 30, 2010, on which the Secretary plans to enter into such multiyear contract.