Page:United States Statutes at Large Volume 119.djvu/3175

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[119 STAT. 3157]
[119 STAT. 3157]
PUBLIC LAW 109-000—MMMM. DD, 2005

PUBLIC LAW 109–163—JAN. 6, 2006

119 STAT. 3157

of Defense certifies to those committees that such threat poses grave harm to national security. (d) WRITTEN NOTICE OF CHANGE IN AMOUNT.— (1) REQUIREMENT.—The Secretary of the Navy shall submit to the congressional defense committees each year, at the same time that the budget is submitted under section 1105(a) of title 31, United States Code, for the next fiscal year, written notice of any change in the amount set forth in subsection (a) during the preceding fiscal year that the Secretary has 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 vessel referred to in subsection (a), such year being the fiscal year in which the Secretary of the Navy intends to award a contract for detail design and construction. (e) NEXT-GENERATION DESTROYER PROGRAM.—In this section, the term ‘‘next-generation destroyer program’’ means the program to acquire and deploy a new class of destroyers as the followon to the Arleigh Burke class of destroyers. SEC. 124. LITTORAL COMBAT SHIP (LCS) PROGRAM.

(a) LIMITATION OF COSTS.—Except as provided in subsection (b), the total amount obligated or expended for procurement of the fifth and sixth vessels in the Littoral Combat Ship (LCS) class of vessels, excluding amounts for elements designated by the Secretary of the Navy as a mission package, may not exceed $220,000,000 per vessel. (b) ADJUSTMENT OF LIMITATION AMOUNT.—The Secretary of the Navy may adjust the amount set forth in subsection (a) for either vessel referred to in that subsection by the following: (1) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2005. (2) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 2005. (3) The amounts of outfitting costs and post-delivery costs incurred for that vessel. (4) The amounts of increases or decreases in costs of that vessel that are attributable to insertion of new technology into that vessel, as compared to the technology built into the first and second vessels, respectively, of the Littoral Combat Ship (LCS) class of vessels. (c) LIMITATION ON TECHNOLOGY INSERTION COST ADJUSTMENT.—The Secretary of the Navy may use the authority under paragraph (4) of subsection (b) to adjust the amount set forth in subsection (a) for any vessel referred to in that subsection with respect to insertion of new technology into that vessel only if— (1) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology would lower the life-cycle cost of the vessel; or (2) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology is required to meet an emerging threat and the Secretary of Defense certifies to those committees that such threat poses grave harm to national security. (d) ANNUAL REPORT ON COST GROWTH.—

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