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42 U.S.C. § 1887 — Indemnification of grantees, contractors, and subcontractors under ocean drilling program; approvals and certifications by Director

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1887 — Indemnification of grantees, contractors, and subcontractors under ocean drilling program; approvals and certifications by Director

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.

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Stable record: federal_law:legal_authorities:record_usc_9c4c07c5946b55ce8fda554f
Source file: Laws/federal/codes/united-states-code/title-42/section-1887-indemnification-of-grantees-contractors-and-subcontractors-under-ocean-d--6f0019bca7.md
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Source location: Title 42, Chapter 16, § 1887; chapter-016-national-science-foundation.md

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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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3861 — Research and development contracts: indemnification provisions

**(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

42 U.S.C. § 1887 — Indemnification of grantees, contractors,

Page 5179 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1900 sections 1861 and 1885 of this title. For complete classi- fication of this Act to the Code, see Short Title of 1980 Amendment note set out under section 1861 of this title and Tables. CODIFICATION Section, formerly classified to section 16831 of this title, was transferred following the enactment of Title 51, National and Commercial Space Programs, by Pub. L. 111–314. Section was enacted as part of the National Aero- nautics and Space Administration Authorization Act of 2005, and not as part of the National Science Founda- tion Act of 1950 which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Tech- nology of House of Representatives by House Resolu- tion No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. § 1887. Indemnification of grantees, contractors, and subcontractors under ocean drilling pro- gram; approvals and certifications by Direc- tor The Foundation is on and after November 25, 1985, authorized to indemnify grantees, contrac- tors, and subcontractors associated with the ocean drilling program under the provisions of section 3861 of title 10, with all approvals and certifications required thereby made by the Di- rector of the National Science Foundation. (Pub. L. 99–160, title II, § 201, Nov. 25, 1985, 99 Stat. 922; Pub. L. 117–81, div. A, title XVII, § 1702(j)(3), Dec. 27, 2021, 135 Stat. 2159.) Editorial Notes CODIFICATION Section was enacted as pa

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