1. (a) Prohibition The Secretary of Energy may not provide any bonuses, award fees, or other form of performance- or production-based awards to a contractor operating a Department of Energy defense nuclear facility unless, in evaluating the performance or production under the contract, the Secretary considers the contractor’s compliance with all applicable environmental, safety, and health statutes, regulations, and practices for determining both the size of, and the contractor’s qualification for, such bonus, award fee, or other award. The prohibition in this subsection applies with respect to contracts entered into, or contract options exercised, after November 29, 1989.
2. (b) Regulations The Secretary of Energy shall promulgate regulations to implement subsection (a) not later than March 1, 1990.

(Pub. L. 107–314, div. D, title XLVIII, § 4802, formerly Pub. L. 101–189, div. C, title XXXI, § 3151, Nov. 29, 1989, 103 Stat. 1682; renumbered Pub. L. 107–314, div. D, title XLVIII, § 4802, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(k)(3), Nov. 24, 2003, 117 Stat. 1783; Pub. L. 112–239, div. C, title XXXI, § 3131(v), Jan. 2, 2013, 126 Stat. 2184; Pub. L. 113–66, div. C, title XXXI, § 3146(a)(2)(J), Dec. 26, 2013, 127 Stat. 1073.)

Editorial Notes

Codification

Section was formerly classified to section 7256b of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

Amendments

2013—Subsecs. (b), (c). Pub. L. 113–66 redesignated subsec. (c) as (b) and struck out former subsec. (b) which defined “Department of Energy defense nuclear facility”.

Pub. L. 112–239 redesignated subsec. (c) as (b) and struck out former subsec. (b) which related to a report on Rocky Flats bonuses.

Subsec. (d). Pub. L. 112–239, § 3131(v)(3), redesignated subsec. (d) as (c).

2003—Pub. L. 108–136, § 3141(k)(3)(D)(i), made technical amendment to section catchline.

Subsec. (a). Pub. L. 108–136, § 3141(k)(3)(D)(ii), substituted “November 29, 1989” for “the date of the enactment of this Act” in the original, which for purposes of codification had been changed to “November 29, 1989” thus requiring no change in text.

Subsec. (b). Pub. L. 108–136, § 3141(k)(3)(D)(iii), substituted “May 29, 1990,” for “6 months after November 29, 1989,”.

Subsec. (d). Pub. L. 108–136, § 3141(k)(3)(D)(iv), substituted “March 1, 1990” for “90 days after November 29, 1989”.