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10 U.S.C. § 3861 — Research and development contracts: indemnification provisions
Federal law — U.S. Code and appendices · legal_authorities
**(a)** With the approval of the Secretary of the military department concerned, any contract of a military department for research or development, or both, may provide that the United States will indemnify the contractor against either or both of the following, but only to the extent that they arise out of the direct performance of the contract and to the extent not compensated by insurance or otherwise:
(1) Claims (including reasonable expenses of litigation or settlement) by third persons, including employees of the contractor, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous.
(2) Loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous.
**(b)** A contract, made under subsection (a), that provides for indemnification must also provide for—
(1) notice to the United States of any claim or suit against the contractor for the death, bodily injury, or loss of or damage to property; and
(2) control of or assistance in the defense by the United States, at its election, of that suit or claim.
**(c)** No payment may be made under subsection (a) unless the Secretary of the department concerned, or an officer or official of his department designated by him, certifies that the amount is just and reasonable.
**(d)** Upon approval by the Secretary concerned, payments under subsection (a) may be made from—
(1) funds obligated for the performance of the contract concerned;
(2) funds available for research or development, or both, and not otherwise obligated; or
(3) funds appropriated for those payments.
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Stable record: federal_law:legal_authorities:record_usc_282b0a8e39e7877d01a4a7db
Source file: Laws/federal/codes/united-states-code/title-10/section-3861-research-and-development-contracts-indemnification-provisions--74faf4cc07.md
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Source location: Title 10, Chapter 281, § 3861; chapter-281-claims-and-disputes.md
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**(a)** With the approval of the Secretary of the military department concerned, any contract of a military department for research or development, or both, may provide that the United States will indemnify the contractor against either or both of the following, but only to the extent that they arise out of the direct performance of the contract and to the extent not compensated by insurance or otherwise:
(1) Claims (including reasonable expenses of litigation or settlement) by third persons, including employees of the contractor, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous.
(2) Loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous.
**(b)** A contract, made under subsection (a), that provides for indemnification must also provide for—
(1) notice to the United States of any claim or suit against the contractor for the death, bodily injury, or loss of or damage to property; and
(2) control of or assistance in the defense by the United States, at its election, of that suit or claim.
**(c)** No payment may be made under subsection (a) unless the Secretary of the department concerned, or an officer or official of his department designated by him, certifies that the amount is just and reasonable.
**(d)** Upon approval by the Secretary concerned, payments under subsection (a) may be made from—
(1) funds obligated for the performance of the contract concerned;
(2) funds available for research or development, or both, and not otherwise obligated; or
(3) funds appropriated for those payments.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2354
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Federal law — U.S. Code and appendices · legal_authorities
The Foundation shall have the authority, within the limits of available appropriations, to do all things necessary to carry out the provisions of this chapter, including, but without being limited thereto, the authority—
**(a)** to prescribe such rules and regulations as it deems necessary governing the manner of its operations and its organization and personnel;
**(b)** to make such expenditures as may be necessary for administering the provisions of this chapter;
**(c)** to enter into contracts or other arrangements, or modifications thereof, for the carrying on, by organizations or individuals in the United States and foreign countries, including other government agencies of the United States and of foreign countries, of such scientific or engineering activities as the Foundation deems necessary to carry out the purposes of this chapter, and, at the request of the Secretary of State or Secretary of Defense, specific scientific or engineering activities in connection with matters relating to international cooperation or national security, and, when deemed appropriate by the Foundation, such contracts or other arrangements, or modifications thereof may be entered into without legal consideration, without performance or other bonds, and without regard to [section 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim);
**(d)** to make advance, progress, and other payments which relate to scientific or engineering activities without regard to the provisions of section 3324(a) and (b) of title 31;
**(e)** to acquire by purchase, lease, loan, gift, or condemnation, and to hold and dispose of by grant, sale, lease, or loan, real and personal property of all kinds necessary for, or resulting from, the exer
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1870
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Federal law — U.S. Code and appendices · legal_authorities
The Foundation is on and after November 25, 1985, authorized to indemnify grantees, contractors, and subcontractors associated with the ocean drilling program under the provisions of [section 3861 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3861&num=0&edition=prelim), with all approvals and certifications required thereby made by the Director of the National Science Foundation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1887
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Appointment**
(1) **In general** — The Director of the National Cancer Institute shall be appointed by the President, and the Directors of the other national research institutes and national centers shall be appointed by the Secretary, acting through the Director of National Institutes of Health. Each Director of a national research institute or national center shall report directly to the Director of National Institutes of Health.
(2) **Appointment**
(A) *Term* — A Director of a national research institute or national center who is appointed by the Secretary, acting through the Director of National Institutes of Health, shall be appointed for 5 years.
(B) *Reappointment* — At the end of the term of a Director of a national research institute or national center, the Director may be reappointed in accordance with standards applicable to the relevant appointment mechanism. There shall be no limit on the number of terms that a Director may serve.
(C) *Vacancies* — If the office of a Director of a national research institute or national center becomes vacant before the end of such Director’s term, the Director appointed to fill the vacancy shall be appointed for a 5-year term starting on the date of such appointment.
(D) *Current directors* — Each Director of a national research institute or national center who is serving on December 13, 2016, shall be deemed to be appointed for a 5-year term under this subsection beginning on such date.
(E) *Rule of construction* — Nothing in this subsection shall be construed to limit the authority of the Secretary or the Director of National Institutes of Health to terminate the appointment of a director referred to in subparagraph (A) before the expiration of such director’s 5-year term.
(F) *Nature of appointm
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 284
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Federal law — U.S. Code and appendices · legal_authorities
Page 2578
TITLE 10—ARMED FORCES
§ 3861
bered § 3848 and amended Pub. L. 116–283, div. A,
title XVIII, § 1835(c), (d)(4), Jan. 1, 2021, 134 Stat.
4240.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3848, added Pub. L. 85–861, § 1(94), Sept.
2, 1958, 72 Stat. 1485; amended Pub. L. 86–559, § 1(26),
June 30, 1960, 74 Stat. 272; Pub. L. 90–130, § 1(12)(B), Nov.
8, 1967, 81 Stat. 376; Pub. L. 90–486, § 9(1), Aug. 13, 1968,
82 Stat. 760; Pub. L. 95–485, title VIII, § 820(h), Oct. 20,
1978, 92 Stat. 1627; Pub. L. 96–513, title V, § 512(8), Dec.
12, 1980, 94 Stat. 2929; Pub. L. 99–145, title V, § 522(a)(1),
title XIII, § 1303(a)(20)(B), Nov. 8, 1985, 99 Stat. 631, 739;
Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29,
1988, 102 Stat. 2059, related to transfer or discharge of
reserve first lieutenants, captains, majors, and lieuten-
ant colonels with 28 years of service, prior to repeal by
Pub. L. 103–337, div. A, title XVI, §§ 1629(a)(3), 1691(b)(1),
Oct. 5, 1994, 108 Stat. 2963, 3026, effective Oct. 1, 1996. See
section 14501 et seq. of this title.
A prior section 3849, added Pub. L. 85–861, § 1(94), Sept.
2, 1958, 72 Stat. 1485, related to separation or transfer to
retired reserve of officers in the reserve grade of lieu-
tenant colonel assigned to the Women’s Army Corps
upon completion of 28 years of service, prior to repeal
by Pub. L. 86–559, § 1(27), June 30, 1960, 74 Stat. 272.
Prior sections 3850 to 3855 were repealed by Pub. L.
103–337, div. A, title XVI, §§ 1629(a)(3), 1691(b)(1), Oct. 5,
1994, 108 Stat. 2963, 3026, effective Oct. 1, 1996.
Section 3850, added Pub. L. 85–861, § 1(94), Sept. 2, 1958,
72 Stat. 1485; amended Pub. L. 104–106, div. A, title XV,
§ 1501(c)(25), Feb. 10, 1996, 110 Stat. 499, related to trans-
fer or disc
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3861
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