To authorize the Secretary of the Navy to enter into contracts for the procurement of amphibious vessels, and for other purposes.

I 116TH CONGRESS 2D SESSION H. R. 7195 To authorize the Secretary of the Navy to enter into contracts for the procurement of amphibious vessels, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 11, 2020 Mr. WITTMAN (for himself and Mr. PALAZZO) introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize the Secretary of the Navy to enter into con- tracts for the procurement of amphibious vessels, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. MULTIYEAR PROCUREMENT AUTHORITY FOR 3 AMPHIBIOUS VESSELS. 4 (a) AUTHORITY FOR MULTIYEAR PROCUREMENT.— 5 Except as provided in subsection (b) and subject to section 6 2306b of title 10, United States Code, the Secretary of 7 the Navy may enter into one or more multiyear contracts 8 for the procurement of the following: 9 VerDate Sep 11 2014 01:14 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7195.IH H7195 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7195 IH (1) Three amphibious transport dock vessels 1 designated LPD–31, LPD–32, and LPD–33. 2 (2) One amphibious landing helicopter assault 3 vessel designated LHA–9. 4 (b) LIMITATION ON CONTRACT AUTHORITY.—The 5 Secretary of the Navy may not enter into a contract under 6 subsection (a) until the date on which the Secretary cer- 7 tifies to the congressional defense committees that the pro- 8 curement of the vessels specified in such subsection is con- 9 sistent with— 10 (1) the most recent 30-year shipbuilding plan of 11 the Navy; and 12 (2) the most recent Commandant’s Planning 13 Guidance of the 38th Commandant of the Marine 14 Corps. 15 (c) LIMITATION ON CONTRACT MODIFICATION.—The 16 Secretary of the Navy may not modify a contract entered 17 into under subsection (a)(1) if the modification would in- 18 crease the total target price of the three amphibious trans- 19 port dock vessels by more than 10 percent above the target 20 price specified in the original contract awarded for the ves- 21 sels under subsection (a)(1). 22 (d) USE OF INCREMENTAL FUNDING FOR LPD–31 23 AND LHA–9.—With respect to a contract entered into 24 under subsection (a) for the vessel LPD–31 or the vessel 25 VerDate Sep 11 2014 01:14 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7195.IH H7195 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7195 IH LHA–9, the Secretary may use incremental funding to 1 make payments under the contract. 2 (e) AUTHORITY FOR ADVANCE PROCUREMENT.—The 3 Secretary of the Navy may enter into one or more con- 4 tracts, beginning in fiscal year 2021, for advance procure- 5 ment associated with the vessels for which authorization 6 to enter into a multiyear procurement contract is provided 7 under subsection (a) and for equipment or subsystems as- 8 sociated with the vessels, including procurement of— 9 (1) long lead time material; or 10 (2) materiel or equipment in economic order 11 quantities when cost savings are achievable. 12 (f) CONDITION FOR OUT-YEAR CONTRACT PAY- 13 MENTS.—A contract entered into under subsection (a) 14 shall provide that any obligation of the United States to 15 make a payment under the contract for a fiscal year after 16 fiscal year 2021 is subject to the availability of appropria- 17 tions or funds for that purpose for such later fiscal year. 18 (g) LIMITATION ON TERMINATION LIABILITY.—A 19 contract for the construction of vessels entered into under 20 subsection (a) shall include a clause that limits the liability 21 of the United States to the contractor for any termination 22 of the contract. The maximum liability of the United 23 States under the clause shall be the amount appropriated 24 VerDate Sep 11 2014 23:38 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7195.IH H7195 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7195 IH for the vessels covered by the contract regardless of the 1 amount obligated under the contract. 2 (h) REPEAL.—Sections 127 and 129 of the National 3 Defense Authorization Act for Fiscal Year 2020 (Public 4 Law 116–92) are repealed. 5 Æ VerDate Sep 11 2014 01:14 Jun 29, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H7195.IH H7195 pbinns on DSKJLVW7X2PROD with BILLS