S.Amdt. 2608

SA 2608. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 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. 129. PROCUREMENT AUTHORITY FOR GERALD R. FORD CLASS
AIRCRAFT CARRIER PROGRAM.

(a) Contract Authority.--
(1) Procurement authorized.--The Secretary of the Navy may
enter into one or more contracts, beginning with the fiscal
year 2019 program year, for the procurement of one Gerald R.
Ford class aircraft carrier to be designated CVN-81.
(2) Procurement in conjunction with cvn-80.--The aircraft
carrier authorized to be procured under subsection (a) may be
procured as an addition to the contract covering the Gerald
R. Ford class aircraft carrier designated CVN-80 that is
authorized to be constructed under section 121 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2104).
(b) Use of Incremental Funding.--With respect to a contract
entered into under subsection (a), the Secretary of the Navy
may use incremental funding to make payments under the
contract.
(c) Liability.--A contract entered into under subsection
(a) shall provide that the total liability to the Government
for termination of the contract entered into shall be limited
to the total amount of funding obligated at the time of
termination.
(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.
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