Contract authority for submarine tender program

(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.