120 STAT. 2108
PUBLIC LAW 109–364—OCT. 17, 2006
class amphibious ships designated as LPD–22, LPD–23, LPD– 24, and LPD–25 may not exceed the amount for each such vessel specified in paragraph (2). (2) SPECIFIED COST LIMIT BY VESSEL.—The limitation under this subsection for each vessel specified in paragraph (1) is the following: (A) For the LPD–22 ship, $1,523,000,000 (as adjusted pursuant to subsection (b)). (B) For the LPD–23 ship, $1,477,000,000 (as adjusted pursuant to subsection (b)). (C) For the LPD–24 ship, $1,633,000,000 (as adjusted pursuant to subsection (b)). (D) For the LPD–25 ship, $1,927,000,000 (as adjusted pursuant to subsection (b)). (b) ADJUSTMENT OF LIMITATION AMOUNTS.—The Secretary of the Navy may adjust the amount set forth in subsection (a) for any ship specified in that subsection by the following: (1) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2006. (2) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 2006. (3) The amounts of outfitting costs and post-delivery costs incurred for that ship. (4) The amounts of increases or decreases in costs of that ship that are attributable to insertion of new technology into that ship, as compared to the technology built into the U.S.S. San Antonio (LPD–17), the lead ship of the LPD–17 class. (5) Contract cost adjustments directly attributed to the effect of Hurricane Katrina in August 2005 or other force majeure contract modifications. (6) The amounts of closeout costs associated with completion of the LPD–17 class program. (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 LPD–17 class ship with respect to insertion of new technology into that ship 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 ship; 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) 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).
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