38 U.S.C. § 7317 — Hazardous research projects: indemnifica-

Page 1179 TITLE 38—VETERANS’ BENEFITS § 7317 within such time after date of service or knowl- edge of service as determined by the Attorney General, all process served upon such person or an attested true copy thereof to such person’s immediate superior or to whomever was des- ignated by the Secretary to receive such papers and such person shall promptly furnish copies of the pleading and process therein to the United States attorney for the district embracing the place wherein the proceeding is brought, to the Attorney General, and to the Secretary. (c) Upon a certification by the Attorney Gen- eral that the defendant was acting in the scope of such person’s employment in or for the Ad- ministration at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. After re- moval the United States shall have available all defenses to which it would have been entitled if the action had originally been commenced against the United States. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the employee whose act or omission gave rise to the suit was not acting within the scope of such person’s office or employment, the case shall be remanded to the State court. (d) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in section 2677 of title 28, and with the same effect. (e) The Secretary may, to the extent the Sec- retary considers appropriate, hold harmless or provide liability insurance for any person to whom the immunity provisions of this section apply (as described in subsection (a)), for dam- age for personal injury or death, or for property damage, negligently caused by such person while furnishing medical care or treatment (in- cluding the conduct of clinical studies or inves- tigations) in the exercise of such person’s duties in or for the Administration, if such person is assigned to a foreign country, detailed to State or political division thereof, or is acting under any other circumstances which would preclude the remedies of an injured third person against the United States, provided by sections 1346(b) and 2672 of title 28, for such damage or injury. (f) The exception provided in section 2680(h) of title 28 shall not apply to any claim arising out of a negligent or wrongful act or omission of any person described in subsection (a) in furnishing medical care or treatment (including medical care or treatment furnished in the course of a clinical study or investigation) while in the ex- ercise of such person’s duties in or for the Ad- ministration. (Added Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 219; amended Pub. L. 108–170, title III, § 302(e), Dec. 6, 2003, 117 Stat. 2058.) Editorial Notes AMENDMENTS 2003—Subsec. (a)(1). Pub. L. 108–170, § 302(e)(1), sub- stituted ‘‘health’’ for ‘‘medical’’ in three places in con- cluding provisions. Subsec. (a)(2). Pub. L. 108–170, § 302(e)(2), substituted ‘‘health’’ for ‘‘medical’’ the first place it appeared and inserted ‘‘chiropractor,’’ after ‘‘podiatrist,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–170, title III, § 302(h), Dec. 6, 2003, 117 Stat. 2058, provided that: ‘‘The amendments made by this section [amending this section and sections 7401 to 7404, 7409, and 7421 of this title] shall take effect at the end of the 180–day period beginning on the date of the en- actment of this Act [Dec. 6, 2003].’’ § 7317. Hazardous research projects: indemnifica- tion of contractors (a)(1) With the approval of the Secretary, any contract or research authorized by section 7303 of this title, the performance of which involves a risk of an unusually hazardous nature, may provide that the United States will indemnify the contractor as provided in paragraph (2), but only to the extent that the liability, loss, or damage concerned arises out of the direct per- formance of the contract and to the extent not covered by the financial protection required under subsection (e). (2) Indemnity under paragraph (1) is indemnity against either or both of the following: (A) Liability (including reasonable expenses of litigation or settlement) to third persons, except liability under State or Federal work- ers’ injury compensation laws to employees of the contractor employed at the site of and in connection with the contract for which indem- nification is granted, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually haz- ardous. (B) Loss of or damage to property of the con- tractor from a risk that the contract defines as unusually hazardous. (b) A contract that provides for indemnifica- tion in accordance with subsection (a) must also provide for— (1) notice to the United States of any claim or suit against the contractor for 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 any such suit or claim for which indemnification is pro- vided hereunder. (c) A payment may not be made under sub- section (a) unless the Secretary certifies that the amount is just and reasonable. (d) Upon approval by the Secretary, payments under subsection (a) may be made from— (1) funds obligated for the performance of the contract concerned; (2) funds available for research or develop- ment or both, and not otherwise obligated; or (3) funds appropriated for those payments. (e) Each contractor which is a party to an in- demnification agreement under subsection (a) shall have and maintain financial protection of Page 1180 TITLE 38—VETERANS’ BENEFITS § 7318 such type and in such amounts as the Secretary shall require to cover liability to third persons and loss of or damage to the contractor’s prop- erty. The amount of financial protection re- quired shall be the maximum amount of insur- ance available from private sources, except that the Secretary may establish a lesser amount, taking into consideration the cost and terms of private insurance. Such financial protection may include private insurance, private contrac- tual indemnities, self-insurance, other proof of financial responsibility, or a combination of such measures. (f) In administering the provisions of this sec- tion, the Secretary may use the facilities and services of private insurance organizations and may contract to pay a reasonable compensation therefor. Any contract made under the provi- sions of this section may be made without re- gard to the provisions of section 6101(b) to (d) of title 41, upon a showing by the Secretary that advertising is not reasonably practicable, and advance payments may be made under any such contract. (g) The authority to indemnify contractors under this section does not create any rights in third persons which would not otherwise exist by law. (h) Funds appropriated to carry out this sec- tion shall remain available until expended. (i) In this section, the term ‘‘contractor’’ in- cludes subcontractors of any tier under a con- tract containing an indemnification provision pursuant to subsection (a). (Added Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 220; amended Pub. L. 111–350, § 5(j)(4), Jan. 4, 2011, 124 Stat. 3850.) Editorial Notes AMENDMENTS 2011—Subsec. (f). Pub. L. 111–350 substituted ‘‘section 6101(b) to (d) of title 41’’ for ‘‘section 3709 of the Revised Statutes (41 U.S.C. 5)’’. § 7318. National Center for Preventive Health (a)(1) The Under Secretary for Health shall es- tablish and operate in the Veterans Health Ad- ministration a National Center for Preventive Health (hereinafter in this section referred to as the ‘‘Center’’). The Center shall be located at a Department health care facility. (2) The head of the Center is the Director of Preventive Health (hereinafter in this section referred to as the ‘‘Director’’). (3) The Under Secretary for Health shall pro- vide the Center with such staff and other sup- port as may be necessary for the Center to carry out effectively its functions under this section. (b) The purposes of the Center are the fol- lowing: (1) To provide a central office for monitoring and encouraging the activities of the Veterans Health Administration with respect to the provision, evaluation, and improvement of preventive health services. (2) To promote the expansion and improve- ment of clinical, research, and educational ac- tivities of the Veterans Health Administration with respect to such services. (c) In carrying out the purposes of the Center, the Director shall do the following: (1) Develop and maintain current informa- tion on clinical activities of the Veterans Health Administration relating to preventive health services, including activities relating to— (A) the on-going provision of regularly-fur- nished services; and (B) patient education and screening pro- grams carried out throughout the Adminis- tration. (2) Develop and maintain detailed current information on research activities of the Vet- erans Health Administration relating to pre- ventive health services. (3) In order to encourage the effective provi- sion of preventive health services by Veterans Health Administration personnel— (A) ensure the dissemination to such per- sonnel of any appropriate information on such services that is derived from research carried out by the Administration; and (B) acquire and ensure the dissemination to such personnel of any appropriate infor- mation on research and clinical practices re- lating to such services that are carried out by researchers, clinicians, and educators who are not affiliated with the Administra- tion. (4) Facilitate the optimal use of the unique resources of the Department for cooperative research into health outcomes by initiating recommendations, and responding to requests of the Under Secretary for Health and the Di- rector of the Medical and Prosthetic Research Service, for such research into preventive health services. (5) Provide advisory services to personnel of Department health-care facilities with respect to the planning or furnishing of preventive health services by such personnel. (d) There is authorized to be appropriated $1,500,000 to the Medical Care General and Spe- cial Fund of the Department of Veterans Affairs for each fiscal year for the purpose of permitting the National Center for Preventive Health to carry out research, clinical, educational, and ad- ministrative activities under this section. Such activities shall be considered to be part of the operation of health-care facilities of the Depart- ment without regard to the location at which such activities are carried out. (e) In this section, the term ‘‘preventive health services’’ has the meaning given such term in section 1701(9) of this title. (Added Pub. L. 102–585, title V, § 511(a)(1), Nov. 4, 1992, 106 Stat. 4955; amended Pub. L. 103–446, title XII, § 1201(c)(5), Nov. 2, 1994, 108 Stat. 4683.) Editorial Notes AMENDMENTS 1994—Subsecs. (a)(1), (3), (c)(4). Pub. L. 103–446 sub- stituted ‘‘Under Secretary for Health’’ for ‘‘Chief Med- ical Director’’. Statutory Notes and Related Subsidiaries SELECTION OF FACILITY AT WHICH CENTER TO BE ESTABLISHED Pub. L. 102–585, title V, § 511(c), Nov. 4, 1992, 106 Stat. 4956, as amended by Pub. L. 103–446, title XII,