113 STAT. 742 PUBLIC LAW 106-65—OCT. 5, 1999 "(C) the operational requirements of the Department of the Navy. "(g) CONTINGENT WAIVER OF OTHER PROVISIONS OF LAW. — (1) The Secretary may waive the appHcabiHty of subsections (e)(2) and (f) of section 2401 of this title to a contract authorized by law as provided in subsection (b) if the Secretary makes the following findings with respect to that contract: "(A) The need for the vessels or services to be provided under the contract is expected to remain substantially unchanged during the contemplated contract or option period. "(B) There is a reasonable expectation that throughout the contemplated contract or option period the Secretary of the Navy (or, if the contract is for services to be provided to, and funded by, another military department, the Secretary of that military department) will request funding for the contract at the level required to avoid contract cancellation. "(C) The timeliness of consideration of the contract by Congress is such that such a waiver is in the interest of the United States. Notice. "(2) The Secretary shall submit a notice of any waiver under paragraph (1) to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. "(h) SOURCE OF FUNDS FOR TERMINATION LIABILITY. —If a contract entered into under this section is terminated, the costs of such termination may be paid from— "(1) amounts originally made available for performance of the contract; "(2) amounts currently available for operation and maintenance of the type of vessels or services concerned and not otherwise obligated; or "(3) funds appropriated for those costs.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: "7233. Auxiliary vessels: extended lease authority.". (b) DEFINITION OF DEPARTMENT OF DEFENSE SEALIFT VESSEL.— Section 2218(k)(2) of title 10, United States Code, is amended— (1) by striking "that is—" in the matter preceding subparagraph (A) and inserting "that is any of the following:"; (2) by striking "a" at the beginning of subparagraphs (A), (B), and (E) and inserting "A"; (3) by striking "an" at the beginning of subparagraphs (C) and (D) and inserting "An"; (4) by striking the semicolon at the end of subparagraphs (A), (B), and (C) and inserting a period; (5) by striking "; or" at the end of subparagraph (D) and inserting a period; and (6) by adding at the end the following new subparagraphs: "(F) A strategic sealift ship. "(G) A combat logistics force ship. "(H) A maritime prepositioned ship. "(I) Any other avixiliary support vessel.". 10 USC 7233 (c) EFFECTIVE DATE. —Section 7233 of title 10, United States note. Code, as added by subsection (a), shall take effect on October 1, 1999.
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