Wednesday, September 16, 2026Independent tracking of the National Defense Authorization Act

The hub for the National Defense Authorization Act — status, history, and analysis

Title I: Procurement

Sec. 126Contract authority for submarine tender program

TL;DR

The Secretary of the Navy may enter into one or more contracts for the procurement of not more than two AS(X) submarine tenders.(b)Use of incremental fundingWith respect to a contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to…

Statutory text

(a) Contract authority. The Secretary of the Navy may enter into one or more contracts for the procurement of not more than two AS(X) submarine tenders.

(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. Any contract entered into under subsection (a) shall provide that—(1)any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and(2)the total liability of the Federal Government for termination of the contract shall be limited to the total amount of funding obligated to the contract at the time of termination.