[109th Congress Public Law 104]
[From the U.S. Government Printing Office]


[DOCID: f:publ104.109]

[[Page 119 STAT. 2285]]

Public Law 109-104
109th Congress

                                 An Act


 
To authorize the Secretary of the Navy to enter into a contract for the 
 nuclear refueling and complex overhaul of the U.S.S. Carl Vinson (CVN-
              70). <<NOTE: Nov. 19, 2005 -  [H.R. 4326]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. CARL VINSON.

    (a) Contract Authorized.--Notwithstanding section 1502 of title 31, 
United States Code, the Secretary of the Navy may, subject to subsection 
(c), enter into a contract for the nuclear refueling and complex 
overhaul of the U.S.S. Carl Vinson (CVN-70).
    (b) Fiscal Year 2006 Limitation.--Funds available to the Secretary 
of the Navy for fiscal year 2006 may be used for the commencement of 
work on the contract authorized by subsection (a) during fiscal year 
2006, but only for obligations in an amount not to exceed $89,000,000. 
Additional amounts may be obligated for such work for fiscal year 2006 
only to the extent to which authority is expressly provided by law, and 
funds are appropriated by law, for such obligations after the date of 
the enactment of this Act.
    (c) Condition on Subsequent 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--
            (1) for fiscal year 2006 for an amount that would result in 
        the total of the amounts so paid being in excess of the amount 
        specified in subsection (b) is subject to the availability of 
        appropriations for that purpose made in an Act making 
        appropriations for the Department of Defense for that fiscal 
        year; and
            (2) for a fiscal year after fiscal year 2006 is subject to 
        the availability of appropriations for that purpose for that 
        fiscal year.

    (d) Waiver of Prohibition of New Starts Under Continuing Resolution 
Authority.--The contract authorized by this section

[[Page 119 STAT. 2286]]

may be entered into without regard to section 102(a) of Public Law 109-
77 (119 Stat. 2038).

    Approved November 19, 2005.

LEGISLATIVE HISTORY--H.R. 4326:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 151 (2005):
            Nov. 16, considered and passed House.
            Nov. 17, considered and passed Senate.

                                  <all>