Pub. L. 105-85, div. A, tit. I, subtit. C, sec. 121

NEW ATTACK SUBMARINE PROGRAM.

EnactedYear: 1997Length: 529 wordsOfficial source
SEC. 121. NEW ATTACK SUBMARINE PROGRAM. (a) Amounts Authorized From SCN Account.—Of the amounts authorized to be appropriated by section 102(a)(3) for fiscal year 1998, $2,599,800,000 is available for the New Attack Submarine Program. (b) Contract Authority.—(1) The Secretary of the Navy may enter into a contract for the procurement of four submarines under the New Attack Submarine program. (2) Any contract entered into under paragraph (1)— (A) shall, notwithstanding section 2304(k) of title 10, United States Code, be awarded to one of the two eligible shipbuilders as the prime contractor on the condition that the prime contractor enter into one or more subcontracts (under such prime contract) with the other of the two eligible shipbuilders as contemplated in the New Attack Submarine Team Agreement; and (B) shall provide for— (i) construction of the first submarine in fiscal year 1998; and (ii) advance construction and advance procurement of materiel for the second, third, and fourth submarines in fiscal year 1998. (3) The following shipbuilders are eligible for a contract under this subsection: (A) The Electric Boat Corporation. (B) The Newport News Shipbuilding and Drydock Company. (4) In paragraph (2)(A), the term “New Attack Submarine Team Agreement” means the agreement known as the Team Agreement between Electric Boat Corporation and Newport News Shipbuilding and Drydock Company, dated February 25, 1997, that was submitted to Congress by the Secretary of the Navy on March 31, 1997. (c) Limitation of Liability.—If a contract entered into under this section is terminated, the United States shall not be liable 111 STAT. 1649for termination costs in excess of the total amount appropriated for the New Attack Submarine program. (d) Repeals of Superseded Provisions of Previous Defense Authorization Laws.—(1) Section 131 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 206) is amended— (A) in subsection (a)(1)(B)— (i) in clause (i), by striking out which shall be built by Electric Boat Division”; and (ii) in clause (ii), by striking out which shall be built by Newport News Shipbuilding”; and (B) in subsection (b), by striking out paragraph (1). (2) Section 121 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2441) is amended— (A) in subsection (a)— (i) in paragraph (1)(B), by striking out “to be built by Electric Boat Division”; and (ii) in paragraph (1)(C), by striking out “to be built by Newport News Shipbuilding”; (B) in subsection (d), by striking out paragraph (2); (C) in subsection (e), by striking out paragraph (1); and (D) in subsection (g), by striking out “the committees specified in subsection (e)(1)” in paragraphs (3) and (4) and inserting in lieu thereof “the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives”. (e) Inapplicability of Superseded Aspects of Attack Submarine Development Plan.—The Secretary of Defense and the Secretary of the Navy are not required to carry out the portions of the program plan submitted under subsection (c) of section 131 of the National Defense Authorization Act for Fiscal Year 1996 that are included in the plan pursuant to subparagraphs (A), (B), and (E) of paragraph (2) of such subsection.