Pub. L. 109-163, div. A, tit. I, subtit. C, sec. 121
VIRGINIA-CLASS SUBMARINE PROGRAM.
SEC. 121. VIRGINIA-CLASS SUBMARINE PROGRAM.(a) Limitation of Costs.—Except as provided in subsection (b), the total amount obligated or expended for procurement of the five Virginia-class submarines designated as SSN–779, SSN–780, SSN–781, SSN–782, and SSN–783 may not exceed the following amounts:(1) For the SSN–779 submarine, $2,330,000,000.(2) For the SSN–780 submarine, $2,470,000,000.(3) For the SSN–781 submarine, $2,550,000,000.(4) For the SSN–782 submarine, $2,670,000,000.(5) For the SSN–783 submarine, $2,720,000,000.(b) Adjustment of Limitation Amounts.—The Secretary of the Navy may adjust the amount set forth in subsection (a) for any Virginia-class submarine specified 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 submarine.(4) The amounts of increases or decreases in costs of that submarine that are attributable to insertion of new technology into that submarine, as compared to the technology built into the lead vessel of the Virginia class.(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 Virginia-class submarine with respect to insertion of new technology into that submarine 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 submarine; 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.119 STAT. 3156(d) Notice to Congress of Program Changes.—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 any of the amounts 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).