Page:United States Statutes at Large Volume 124.djvu/4445

 124 STAT. 4419 PUBLIC LAW 111–383—JAN. 7, 2011 ‘‘(ii) In the case of an incentive payment for the completion of facility closure activities within the target incentive range specified in such clause, $55,000,000. ‘‘(C) An incentives clause in a contract under this section shall specify the target incentive ranges of costs for completion of destruc- tion operations and facility closure activities, respectively, as jointly agreed upon by the contracting officer and the contractor concerned. An incentives clause shall require a proportionate reduction in the maximum incentive payment amounts in the event that the contractor exceeds an agreed-upon target cost if such excess costs are the responsibility of the contractor. ‘‘(D) The amount of the incentive payment earned by a con- tractor for a chemical demilitarization facility under an incentives clause under this subsection shall be based upon a determination by the Secretary on how early in the target incentive range specified in such clause destruction operations or facility closure activities, as the case may be, are completed. ‘‘(E) The provisions of any incentives clause under this sub- section shall be consistent with the obligation of the Secretary of Defense under subsection (d)(1)(A), to provide for maximum protection for the environment, the general public, and the per- sonnel who are involved in the destruction of the lethal chemical agents and munitions. ‘‘(F) In negotiating the inclusion of an incentives clause in a contract under this subsection, the Secretary may include in such clause such additional terms and conditions as the Secretary considers appropriate. ‘‘(3)(A) No payment may be made under an incentives clause under this subsection unless the Secretary determines that the contractor concerned has satisfactorily performed its duties under such incentives clause. ‘‘(B) An incentives clause under this subsection shall specify that the obligation of the Government to make payment under such incentives clause is subject to the availability of appropriations for that purpose. Amounts appropriated for Chemical Agents and Munitions Destruction, Defense, shall be available for payments under incentives clauses under this subsection. ‘‘(o) DEFINITIONS.—In this section: ‘‘(1) The term ‘chemical agent and munition’ means an agent or munition that, through its chemical properties, pro- duces lethal or other damaging effects on human beings, except that such term does not include riot control agents, chemical herbicides, smoke and other obscuration materials. ‘‘(2) The term ‘Chemical Weapons Convention’ means the Convention on the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done at Paris, January 13, 1993, and entered into force April 29, 1997 (T. Doc. 103–21). ‘‘(3) The term ‘lethal chemical agent and munition’ means a chemical agent or munition that is designed to cause death, through its chemical properties, to human beings in field con- centrations. ‘‘(4) The term ‘destruction’ means, with respect to chemical munitions or agents— ‘‘(A) the demolishment of such munitions or agents by incineration or by any other means; or