To modify the limitations applicable to payments under incentives clauses in chemical demilitarization contracts.

SA 4279. Mr. WARNER (for himself, Mr. Levin, Mr. Allard, and Mr. Salazar) proposed an amendment to the bill S. 2766, to authorize appropriations for fiscal year 2007 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; as follows:

On page 93, strike lines 23 through 25 and insert the following:

(c) Additional Limitation on Payments.--

(1) Payment conditional on performance.--No payment may be made under an incentives clause under this section unless the Secretary determines that the contractor concerned has satisfactorily performed its duties under such incentives clause.

(2) Payment contingent on appropriations.--An incentives clause under this section 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 section.