CERTIFICATION OF CONTRACT CLAIMS.

SEC. 813. CERTIFICATION OF CONTRACT CLAIMS. (a) Regulations on Certification of Contract Claims.—(1) Chapter 141 of title 10, United States Code, as amended by sections 384 and 808, is further amended by adding at the end the following new section: “§2410e. Contract claims: certification regulations “(a) Regulations.—The Secretary of Defense may propose, for inclusion in the Federal Acquisition Regulation, regulations relating to certification of contract claims, requests for equitable adjustment to contract terms, and requests for relief under Public Law 85–804 (50 U.S.C. 1431 et seq.) that exceed $100,000. Such regulations, at a minimum, shall— “(1) provide that a contract claim, request for equitable adjustment to contract terms, or request for relief under Public Law 85–804 (50 U.S.C. 1431 et seq.) may not be paid unless the contractor provides, at the time the claim or request is submitted, the certification required by section 6(c)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 605(c)(1)); and 106 STAT. 2453 “(2) require that the person who certifies such a claim or request be an individual who is authorized to bind the contractor and who has knowledge of the basis of the claim or request, knowledge of the accuracy and completeness of the supporting data, and knowledge of the claim or request. “(b) Publication.—The Secretary of Defense shall ensure that upon promulgation of the regulations, the regulations are published in the Federal Register. “(c) Report.—If at any time the Secretary of Defense proposes revisions to the regulations promulgated pursuant to this section, the Secretary shall ensure that the proposed revisions are published in the Federal Register and, at the time of publication of such revisions, shall submit to Congress a report describing the proposed revisions and explaining why the regulations should be revised. The Secretary of Defense may not promulgate regulations containing such proposed revisions until the expiration of the 90-day period beginning on the date of receipt by Congress of such report.” (2) The table of sections at the beginning of such chapter, as amended by sections 384 and 808, is further amended by adding at the end the following new item: “2410e. Contract claims: certification regulations.”. (b) Repeal.—Section 2410 of title 10, United States Code, is repealed, effective upon the promulgation of regulations pursuant to section 2410e of title 10, United States Code, as added by subsection (a). (c) Adjustment of Shipbuilding Contracts.—Section 2405 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c)(1) If a certification referred to in subsection (b) with respect to a shipbuilding contract is determined to be deficient because of the position, status, or scope of authority of the person executing the certification, the contractor may resubmit the certification. The resubmitted certification shall be based on the knowledge of the contractor and the supporting data that existed when the original certification was submitted. The appropriateness of the person executing the resubmitted certification shall be determined on the basis of applicable law in effect at the time of the resubmission. “(2) If a certification is resubmitted pursuant to paragraph (1) by the date described in paragraph (3), the resubmitted certification shall be deemed to nave been submitted for purposes of this section at the time the original certification was submitted. “(3) The date by which a certification may be resubmitted for purposes of paragraph (2) is the date which is the later of— “(A) 90 days after the promulgation of regulations under section 2410e(a) of this title; or “(B) 30 days after the date which is the earlier of the date on which— “(i) the contractor is notified in writing, by an individual designated to make such notification by the Secretary of Defense, of the deficiency in the previously submitted claim, request, or demand; “(ii) a board of contract appeals issues a decision determining the previously submitted claim, request, or demand to be deficient; or “(iii) a Federal court renders a judgment determining the previously submitted claim, request, or demand to be deficient.”