PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 211 SEC. 133. COST LIMITATION FOR SEAWOLF SUBMARINE PROGRAM. (a) LIMITATION OF COSTS. —Except as provided in subsection (b), the total amount obligated or expended for procurement of the SSN-21, SSN-22, and SSN-23 Seawolf class submarines may not exceed $7,223,659,000. (b) AUTOMATIC INCREASE OF LIMITATION AMOUNT.— The amount of the limitation set forth in subsection (a) is increased by the following amounts: (1) The amounts of outfitting costs and post-delivery costs incurred for the submarines referred to in such subsection. (2) The amounts of increases in costs attributable to economic inflation after September 30, 1995. (3) The amounts of increases in costs attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 1995. (c) REPEAL OF SUPERSEDED PROVISION.— Section 122 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2682) is repealed. SEC. 134. REPEAL OF PROHIBITION ON BACKFIT OF TRIDENT SUB- MARINES. Section 124 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2683) is repealed. SEC. 135. ARLEIGH BURKE CLASS DESTROYER PROGRAM. (a) AUTHORIZATION FOR PROCUREMENT OF SIX VESSELS. — The Secretary of the Navy is authorized to construct six Arleigh Burke class destroyers in accordance with this section. Within the amount authorized to be appropriated pursuant to section 102(a)(3), $2,169,257,000 is authorized to be appropriated for construction (including advance procurement) for the Arleigh Burke class destroyers. (b) CONTRACTS. — (1) The Secretary is authorized to enter into contracts in fiscal year 1996 for the construction of three Arleigh Burke class destroyers. (2) The Secretary is authorized, in fiscal year 1997, to enter into contracts for the construction of the other three Arleigh Burke class destroyers covered by subsection (a), subject to the availability of appropriations for such destroyers. (3) In awarding contracts for the six vessels covered by subsection (a), the Secretary shall continue the contract award pattern and sequence used by the Secretary for the procurement of Arleigh Burke class destroyers during fiscal years 1994 and 1995. (4) A contract for construction of a vessel or vessels that is entered into in accordance with paragraph (1) shall include a clause that limits the liability of the Government to the contractor for any termination of the contract. The maximum liability of the Government under the clause shall be the amount appropriated for the vessel or vessels. (c) USE OF AVAILABLE FUNDS. —(1) Subject to paragraph (2), the Secretary may take appropriate actions to use for full funding of a contract entered into in accordance with subsection (b)— (A) any funds that, having been appropriated for shipbuilding and conversion programs of the Navy other than Arleigh Burke class destroyer programs pursuant to the authorization in section 102(a)(3), become excess to the needs of the Navy
�
