[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5575-S5576]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6041. Mr. WICKER submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle C of title I, add the following:

     SEC. 131. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS 
                   SHIPBUILDING PROGRAMS.

       (a) Contract Authority.--
       (1) Procurement authorized.--The Secretary of the Navy may 
     enter into one or more contracts for the procurement of up to 
     five covered ships.
       (2) Procurement in conjunction with existing contracts.--
     The ships authorized to be procured under paragraph (1) may 
     be procured as additions to existing contracts covering such 
     programs.
       (b) Certification Required.--A contract may not be entered 
     into under subsection (a) unless the Secretary of the Navy 
     certifies to the congressional defense committees, in 
     writing, not later than 30 days before entry into the 
     contract, each of the following, which shall be prepared by 
     the milestone decision authority for such programs:
       (1) The use of such a contract is consistent with the 
     Commandant of the Marine Corp's projected force structure 
     requirements for amphibious ships.
       (2) The use of such a contract will result in significant 
     savings compared to the total anticipated costs of carrying 
     out the program through annual contracts. In certifying cost 
     savings under the preceding sentence, the Secretary shall 
     include a written explanation of--

[[Page S5576]]

       (A) the estimated end cost and appropriated funds by fiscal 
     year, by hull, without the authority provided in subsection 
     (a);
       (B) the estimated end cost and appropriated funds by fiscal 
     year, by hull, with the authority provided in subsection (a);
       (C) the estimated cost savings or increase by fiscal year, 
     by hull, with the authority provided in subsection (a);
       (D) the discrete actions that will accomplish such cost 
     savings or avoidance; and
       (E) the contractual actions that will ensure the estimated 
     cost savings are realized.
       (3) There is a reasonable expectation that throughout the 
     contemplated contract period the Secretary of the Navy will 
     request funding for the contract at the level required to 
     avoid contract cancellation.
       (4) There is a stable design for the property to be 
     acquired and the technical risks associated with such 
     property are not excessive.
       (5) The estimates of both the cost of the contract and the 
     anticipated cost avoidance through the use of a contract 
     authorized under subsection (a) are realistic.
       (6) The use of such a contract will promote the national 
     security of the United States.
       (7) During the fiscal year in which such contract is to be 
     awarded, sufficient funds will be available to perform the 
     contract in such fiscal year.
       (c) Authority for Advance Procurement.--The Secretary of 
     the Navy may enter into one or more contracts for advance 
     procurement associated with a vessel or vessels for which 
     authorization to enter into a contract is provided under 
     subsection (a), and for systems and subsystems associated 
     with such vessels in economic order quantities when cost 
     savings are achievable.
       (d) Condition for Out-year Contract Payments.--A contract 
     entered into under subsection (a) shall provide that any 
     obligation of the United States to make a payment under the 
     contract for a fiscal year is subject to the availability of 
     appropriations for that purpose for such fiscal year.
       (e) Definitions.--In this section--
       (1) the term ``covered ship'' means a San Antonio-class or 
     America-class ship; and
       (2) the term ``milestone decision authority'' has the 
     meaning given the term in section 2366a(d) of title 10, 
     United States Code.
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