ENHANCEMENTS OF AUTHORITY OF SECRETARY OF DEFENSE TO REDUCE OR DENY AWARD FEES TO COMPANIES FOUND TO JEOPARDIZE THE HEALTH OR SAFETY OF GOVERNMENT PERSONNEL.

SEC. 834. ENHANCEMENTS OF AUTHORITY OF SECRETARY OF DEFENSE TO REDUCE OR DENY AWARD FEES TO COMPANIES FOUND TO JEOPARDIZE THE HEALTH OR SAFETY OF GOVERNMENT PERSONNEL.(a) Expansion of Dispositions Subject to Authority.—Section 823 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2412; 10 U.S.C. 2302 note) is amended—(1) in subsection (c), by adding at the end the following new paragraph:“(5) In an administrative proceeding, a final determination of contractor fault by the Secretary of Defense pursuant to subsection (d).”;(2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and(3) by inserting after subsection (c) the following new subsection (d):“(d) Determinations of Contractor Fault by Secretary of Defense.—“(1) In general.—In any case described by paragraph (2), the Secretary of Defense shall—“(A) provide for an expeditious independent investigation of the causes of the serious bodily injury or death alleged to have been caused by the contractor as described in that paragraph; and“(B) make a final determination, pursuant to procedures established by the Secretary for purposes of this subsection, whether the contractor, in the performance of a covered contract, caused such serious bodily injury or death through gross negligence or with reckless disregard for the safety of civilian or military personnel of the Government.“(2) Covered cases.—A case described in this paragraph is any case in which the Secretary has reason to believe that—“(A) a contractor, in the performance of a covered contract, may have caused the serious bodily injury or death of any civilian or military personnel of the Government; and“(B) such contractor is not subject to the jurisdiction of United States courts.“(3) Construction of determination.—A final determination under this subsection may be used only for the purpose 124 STAT. 4279 of evaluating contractor performance, and shall not be determinative of fault for any other purpose.”.(b) Definition of Contractor.—Paragraph (1) of subsection (e) of such section, as redesignated by subsection (a)(2) of this section, is amended to read as follows:“(1) The term ‘contractor’ means a company awarded a covered contract and a subcontractor at any tier under such contract.”.(c) Technical Amendment.—Subsection (c) of such section is further amended in the matter preceding paragraph (1) by striking “subsection (a)” and inserting “subsection (b)”.(d) Inclusion of Determinations of Contractor Fault in Database for Federal Agency Contract and Grant Officers and Suspension and Debarment Officials.—Section 872(c)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4556) is amended by adding at the end the following new subparagraph:“(E) In an administrative proceeding, a final determination of contractor fault by the Secretary of Defense pursuant to section 823(d) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2302 note).”.(e) Effective Date.—The requirements of section 823 of the National Defense Authorization Act for Fiscal Year 2010, as amended by subsections (a) through (c), shall apply with respect to the following:(1) Any contract entered into on or after the date of the enactment of this Act.(2) Any task order or delivery order issued on or after the date of the enactment of this Act under a contract entered into before, on, or after that date.