Page:United States Statutes at Large Volume 123.djvu/2232

 123STA T . 2212 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9theprocu re m e n to faLi ttora lC om b at S hip a w ar d edtoacon - tractor s elected as part of a procurement authori z edb y sub- section ( a ) may not e x ceed $480, 000,000 per v essel . ( 2 ) EXCLUSION . —T he amounts described in this para g raph are amounts associated with the following ( A ) Elements designated by the Secretary of the N avy as a mission pac k age. ( B ) P lans. (C) Technical data packages. ( D ) Class design services. (E) Post-delivery, outfitting, and program support costs. (d) WA I VER AN D AD J US TM ENT O F LIMITATION AMOUNT.— ( 1 ) WAIVER.—The Secretary of the Navy may waive the limitation in subsection (c)(1) with respect to a vessel if— (A) the Secretary provides supporting data and certifies in writing to the congressional defense committees that— (i) the total amount obligated or expended for procurement of the vessel – ( I ) is in the best interest of the U nited States and (II) is affordable, within the context of the annual naval vessel construction plan re q uired by section 2 3 1 of title 10, United States Code; and (ii) the total amount obligated or expended for procurement of at least one other vessel authorized by subsection (a) has been or is expected to be less than $480,000,000; and (B) a period of not less than 30 days has expired following the date on which such certification and data are submitted to the congressional defense committees. (2) ADJUSTMENT.—The Secretary of the Navy may ad j ust the amount set forth in subsection (c)(1) for Littoral Combat Ship vessels referred to in that subsection by the following: (A) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 200 9 . (B) The amounts of increases or decreases in costs attributable to compliance with changes in F ederal, State, or local laws enacted after September 30, 2009. (C) The amounts of increases or decreases in costs of the vessel that are attributable to insertion of new technology into that vessel, as compared to the technology built into the first or second vessels of the Littoral Combat Ship class of vessels, if the Secretary determines, and cer- tifies to the congressional defense committees, that inser- tion of the new technology— (i) is expected to decrease the life-cycle cost of the vessel; or (ii) is required to meet an emerging threat that poses grave harm to national security. (D) The amounts of increases or decreases in costs required to correct deficiencies that may affect the safety of the vessel and personnel or otherwise preclude the vessel from safe operations and crew certifications. (e) ANNUAL R E P ORTS.—At the same time that the budget is submitted under section 110 5 (a) of title 31, United States Code, for each fiscal year, the Secretary of the Navy shall submit to