123STA T . 2 4 13 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9(2)authorize the S e c retar y to re d uce or de n ya w ard f ee s for the re l e v ant award fee p eriod , or to recover all or part of award fees previously paid for such period, on the b asis of the ne g ative i m pact of such incident on contractor perform - ance . (b) COVER E DINCI DEN TS . —A n incident referred to in subsection (a) is any incident in which the contractor— ( 1 ) has been determined, through a criminal, civil, or administrative proceeding that results in a disposition listed in subsection (c), in the performance of a covered contract to have caused serious bodily in j ury or death to any civilian or military personnel of the G overnment through gross neg- ligence or with rec k less disregard for the safety of such per- sonnel
or (2) has been determined, through a criminal, civil, or administrative proceeding that results in a disposition listed in subsection (c), to be liable for actions of a subcontractor of the contractor that caused serious bodily injury or death to any civilian or military personnel of the Government, through gross negligence or with reckless disregard for the safety of such personnel. (c) L IST O FD IS P OSITIONS IN CRI M IN AL , CIVIL, OR ADMINISTRA- TIVE P ROCEEDIN G S.— F or purposes of subsection (a), the dispositions listed in this subsection are as follows
(1) In a criminal proceeding, a conviction. (2) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5 , 0 00 or more. ( 3 ) In an administrative proceeding, a finding of fault and liability that results in— (A) the payment of a monetary fine or penalty of $5,000 or more; or ( B ) the payment of a reimbursement, restitution, or damages in e x cess of $100,000. ( 4 ) T o the maximum extent practicable and consistent with applicable laws and regulations, in a criminal, civil, or adminis- trative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the person if the proceeding could have led to any of the outcomes specified in paragraph (1), (2), or (3). (d) DEFINITIONS.—In this section: (1) The term ‘ ‘defense contractor ’ ’ means a company awarded a covered contract. (2) The term ‘‘covered contract’’ means a contract awarded by the Department of Defense for the procurement of goods or services. (3) The term ‘‘serious bodily injury’’ means a grievous phys- ical harm that results in a permanent disability. (e) E FFECTIVE DATE.—This section shall apply with respect to contracts entered into after the date occurring 1 8 0 days after the date of the enactment of this Act.
