Page:United States Statutes at Large Volume 120.djvu/2137

 120 STAT. 2106

PUBLIC LAW 109–364—OCT. 17, 2006 determined to be associated with a cost referred to in subsection (b). (2) EFFECTIVE DATE.—The requirement in paragraph (1) shall become effective with the budget request for the year of procurement of the first ship referred to in subsection (a).

SEC.

123.

MODIFICATION OF LIMITATION ON TOTAL COST PROCUREMENT OF CVN–77 AIRCRAFT CARRIER.

OF

Section 122(f)(1) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1650) is amended by striking ‘‘$4,600,000,000 (such amount being the estimated cost for the procurement of the CVN–77 aircraft carrier in the March 1997 procurement plan)’’ and inserting ‘‘$6,057,000,000’’. SEC. 124. CONSTRUCTION OF FIRST TWO VESSELS UNDER THE DDG– 1000 NEXT-GENERATION DESTROYER PROGRAM.

(a) AVAILABILITY OF FUNDS.—Of the amount authorized to be appropriated by section 102(a)(3) for fiscal year 2007 for Shipbuilding and Conversion, Navy, $2,568,000,000 may be available for the construction of the first two vessels under the DDG–1000 Next-Generation Destroyer program. (b) CONTRACT AUTHORITY.— (1) IN GENERAL.—The Secretary of the Navy may enter into a contract beginning with the fiscal year 2007 program year for procurement of each of the first two vessels under the DDG–1000 Next-Generation Destroyer program. (2) LIMITATION.—Not more than one contract described in paragraph (1) may be awarded under that paragraph to a single shipyard. (3) SPLIT FUNDING AUTHORIZED.—Each contract under paragraph (1) shall contemplate funding for the procurement of a vessel under such contract using a combination of funds appropriated for fiscal year 2007 and funds appropriated for fiscal year 2008. (4) CONDITION ON OUT-YEAR CONTRACT PAYMENTS.—A contract entered into under paragraph (1) shall provide that any obligation of the United States to make a payment under such contract for any fiscal year after fiscal year 2007 is subject to the availability of appropriations for that purpose for such fiscal year. (c) SENSE OF CONGRESS ON FUNDING FOR FOLLOW-ON SHIPS.— It is the sense of Congress that there is sufficient benefit to authorizing the one-time exception provided in this section to the full funding policy in order to support the competitive procurement of the follow-on ships of the DDG–1000 Next-Generation Destroyer program. However, it is the expectation of Congress that the Secretary of the Navy will structure the DDG–1000 program so that each ship, after the first two ships, is procured using the method of full funding in a single year. SEC. 125. ADHERENCE TO NAVY COST ESTIMATES FOR LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP PROGRAM.

(a) LIMITATION.—The total amount obligated or expended from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, for procurement of any ship that is constructed under the LHA Replacement (LHA(R)) amphibious assault ship program may not exceed $2,813,600,000 (as adjusted pursuant to subsection (b)).

VerDate 14-DEC-2004

13:05 Jul 12, 2007

Jkt 059194

PO 00002

Frm 00850

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.109

APPS06

PsN: PUBL002

�