123STA T . 221 8PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9Secr e ta r ywi t h re g ar d t o the F/A–18E, F/A–18F, a n d EA–18 G air - cra f t p rogra ms of record .( d ) S UNSET . — (1) T E RMI N A TI O N D ATE.—E x cept as pro v ided in paragraph ( 2 ),thea u thority to enter into a mu l tiyear contract under su b section (a) shall terminate on M ay1,2 0 10. (2) E X TENSION.—The Secretary of the N avy may enter into a multiyear contract under subsection (a) until September 3 0, 2010, if the Secretary notifies the congressional defense commit- tees in writing— (A) that the administrative processes or other con- tracting 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. Subti t leD—A i rFo r c e P ro g r amsSEC.13 1. R E PO R T O N T H E PROC U RE M ENT O F4 . 5G ENER A T I ON FIGHTER AIRCRAFT. (a) I N GENERA L .—Not later than 9 0 days after the date of the enactment of this Act, the Secretary of D efense shall submit to the congressional defense committees a report on the procurement of 4 . 5 generation fighter aircraft. The report shall include the fol- lowing
(1) The number of 4.5 generation fighter aircraft needed to be procured during fiscal years 2011 through 2025 to fulfill the re q uirement of the Air Force to maintain not less than 2,200 tactical fighter aircraft. (2) The estimated procurement costs for those aircraft if procured through annual procurement contracts. (3) The estimated procurement costs for those aircraft if procured through multiyear procurement contracts. (4) The estimated savings that could be derived from the procurement of those aircraft through a multiyear procurement contract, and whether the Secretary determines the amount of those savings to be substantial. (5) A discussion comparing the costs and benefits of obtaining those aircraft through annual procurement contracts with the costs and benefits of obtaining those aircraft through a multiyear procurement contract. ( 6 ) A discussion regarding the availability and feasibility of procuring F–35 aircraft to proportionally and concurrently recapitali z e the Air National Guard during fiscal years 2015 through fiscal year 2025. (b) 4.5 GENERATION FI GH TER AIR C RA F T DEFINED.—In this sec- tion, the term ‘ ‘4.5 generation fighter aircraft ’ ’ means current fighter aircraft, including the F–15, F–16, and F–18, that— (1) have advanced capabilities, including— (A) AESA radar; (B) high capacity data-lin k
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( C ) enhanced avionics; and (2) have the ability to deploy current and reasonably foreseeable advanced armaments. Notif i ca tio n.
