Page:United States Statutes at Large Volume 111 Part 2.djvu/759

 PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1839 (B) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (C) in subparagraph (A), as so redesignated, by striking out "such certification by failing to carry out". SEC. 810. REPEAL OF LIMITATION ON ADJUSTMENT OF SHIPBUILDING CONTRACTS, (a) REPEAL. —(1) Section 2405 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 141 of such title is amended by striking out the item relating to section 2405. (b) APPLICABILITY. — (1) Except as provided in paragraph (2), the repeal made by subsection (a) shall be effective with respect to claims, requests for equitable adjustment, and demands for pay- ment under shipbuilding contracts that have been or are submitted before, on, or after the date of the enactment of this Act. (2) Section 2405 of title 10, United States Code, as in effect immediately before the date of the enactment of this Act, shall continue to apply to a contractor's claim, request for equitable adjustment, or demand for payment under a shipbuilding contract that was submitted before such date if— (A) a contracting officer denied the claim, request, or demand, and the period for appealing the decision to a court or board under the Contract Disputes Act of 1978 expired before such date; (B) a court or board of contract appeals considering the claim, request, or demand (including any appeal of a decision of a contracting officer to deny the claim, request, or demand) denied or dismissed the claim, request, or demand (or the appeal), and the action of the court or board became final and unappealable before such date; or (C) the contractor released or releases the claim, request, or demand. SEC. 811. ITEM -BY-ITEM AND COUNTRY-BY -COUNTRY WAIVERS OF DOMESTIC SOURCE LIMITATIONS. (a) ITEM-BY -ITEM AND COUNTRY-BY -COUNTRY IMPLEMENTATION OF CERTAIN WAIVER AUTHORITY.— Section 2534 of title 10, United States Code, is amended by adding at the end the following new subsection: "(i) IMPLEMENTATION OF CERTAIN WAIVER AUTHORITY. — (1) The Secretary of Defense may exercise the waiver authority described in paragraph (2) only if the waiver is made for a particular item listed in subsection (a) and for a particular foreign country. "(2) This subsection applies to the waiver authority provided by subsection (d) on the basis of the applicability of paragraph (2) or (3) of that subsection. "(3) The waiver authority described in paragraph (2) may not be delegated below the Under Secretary of Defense for Acquisition and Technology. "(4) At least 15 days before the effective date of any waiver made under the waiver authority described in paragraph (2), the Secretary shall publish in the Federal Register and submit to the congressional defense committees a notice of the determination to exercise the waiver authority. 10 USC 2405 note. Applicability. Federal Register, publication. Notice.

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