10 U.S.C. § 3861 — Research and development contracts: in-

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 Prior sections 3850 to 3855 were repealed by Pub.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 discharge of excessive reserve commissioned offi- cers in active status with thirty or more years of serv- ice. See sections 14514 and 14704 of this title. Section 3851, added Pub. L. 85–861, § 1(94), Sept. 2, 1958, 72 Stat. 1486; amended Pub. L. 86–559, § 1(28), June 30, 1960, 74 Stat. 272; Pub. L. 90–486, § 9(1), Aug. 13, 1968, 82 Stat. 760; Pub. L. 96–513, title V, § 512(8), Dec. 12, 1980, 94 Stat. 2929; Pub. L. 98–525, title V, § 513, Oct. 19, 1984, 98 Stat. 2522; Pub. L. 99–145, title V, § 522(a)(2), title XIII, § 1303(a)(20)(B), Nov. 8, 1985, 99 Stat. 631, 739; Pub. L. 99–661, div. A, title XIII, § 1342(g), Nov. 14, 1986, 100 Stat. 3992; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to transfer or discharge of reserve colonels and brigadier generals with 30 years of service or five years in grade. See section 14508(a), (e) of this title. Section 3852, added Pub. L. 85–861, § 1(94), Sept. 2, 1958, 72 Stat. 1486; amended Pub. L. 86–559, § 1(29), June 30, 1960, 74 Stat. 272; Pub. L. 99–145, title V, § 523, title XIII, § 1303(a)(20)(B), Nov. 8, 1985, 99 Stat. 632, 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 major generals with 35 years of service or five years in grade. See section 14508(b), (f) of this title. Section 3853, added Pub. L. 85–861, § 1(94), Sept. 2, 1958, 72 Stat. 1486; amended Pub. L. 86–559, § 1(30), June 30, 1960, 74 Stat. 273; Pub. L. 86–651, title I, § 115, Sept. 7, 1962, 76 Stat. 513; Pub. L. 96–513, title V, § 512(9), Dec. 12, 1980, 94 Stat. 2929; Pub. L. 98–94, title X, § 1016(a), Sept. 24, 1983, 97 Stat. 668; Pub. L. 103–337, div. A, title XVI, § 1635(a), Oct. 5, 1994, 108 Stat. 2968, related to computa- tion of years of service. See section 14706 of this title. Section 3854, added Pub. L. 85–861, § 1(94), Sept. 2, 1958, 72 Stat. 1486, authorized Secretary of the Army to pre- scribe regulations to carry out this chapter. Section 3855, added Pub. L. 86–559, § 1(31), June 30, 1960, 74 Stat. 273; amended Pub. L. 96–107, title IV, § 403(a), Nov. 9, 1979, 93 Stat. 808; Pub. L. 96–513, title II, § 215(a), Dec. 12, 1980, 94 Stat. 2885; Pub. L. 100–180, div. A, title VII, § 717(a), (d)(1)(A), Dec. 4, 1987, 101 Stat. 1113, 1114; Pub. L. 101–189, div. A, title VII, §§ 710(a), 711(a), Nov. 29, 1989, 103 Stat. 1476, 1477, related to retention in active status of certain reserve officers. See section 14703(a)(1), (b) of this title. AMENDMENTS 2021—Pub. L. 116–283 renumbered section 204 of this title as this section and substituted ‘‘Defense audit agencies: Small Business Ombudsmen’’ for ‘‘Small Business Ombudsman for defense audit agencies’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. CHAPTER 281—CLAIMS AND DISPUTES Sec. 3861. Research and development contracts: indem- nification provisions. 3862. Requests for equitable adjustment or other relief. 3863. Retention of amounts collected from con- tractor during the pendency of contract dis- pute. Editorial Notes PRIOR PROVISIONS A prior chapter 281 ‘‘CLAIMS AND DISPUTES’’, as added by Pub. L. 115–232, div. A, title VIII, § 801(a), Aug. 13, 2018, 132 Stat. 1828, and consisting of reserved sec- tion 3861, was repealed by Pub. L. 116–283, div. A, title XVIII, § 1836(a), Jan. 1, 2021, 134 Stat. 4241. AMENDMENTS 2022—Pub. L. 117–263, div. A, title VIII, § 805(b), Dec. 23, 2022, 136 Stat. 2702, added item 3862 and struck out former item 3862 ‘‘Requests for equitable adjustment or other relief: certification’’. § 3861. Research and development contracts: in- demnification provisions (a) With the approval of the Secretary of the military department concerned, any contract of a military department for research or develop- ment, or both, may provide that the United States will indemnify the contractor against ei- ther or both of the following, but only to the ex- tent that they arise out of the direct perform- ance of the contract and to the extent not com- pensated by insurance or otherwise: (1) Claims (including reasonable expenses of litigation or settlement) by third persons, in- cluding 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 con- tractor 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 con- Page 2579 TITLE 10—ARMED FORCES § 3862 cerned, 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 develop- ment, or both, and not otherwise obligated; or (3) funds appropriated for those payments. (Aug. 10, 1956, ch. 1041, 70A Stat. 134, § 2354; re- numbered § 3861 and amended Pub. L. 116–283, div. A, title XVIII, § 1836(b), (c), Jan. 1, 2021, 134 Stat. 4241.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2354 of this title as this section and substituted ‘‘Research and de- velopment contracts: indemnification provisions’’ for ‘‘Contracts: indemnification provisions’’ in section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. § 3862. Requests for equitable adjustment or other relief (a) CERTIFICATION REQUIREMENT.—A request for equitable adjustment to contract terms or request for relief under Public Law 85–804 (50 U.S.C. 1431 et seq.) that exceeds the simplified acquisition threshold may not be paid unless a person authorized to certify the request on be- half of the contractor certifies, at the time the request is submitted, that— (1) the request is made in good faith, and (2) the supporting data are accurate and complete to the best of that person’s knowl- edge and belief. (b) RESTRICTION ON LEGISLATIVE PAYMENT OF CLAIMS.—In the case of a contract of an agency named in section 3063 of this title, no provision of a law enacted after September 30, 1994, that directs the payment of a particular claim under such contract, a particular request for equitable adjustment to any term of such contract, or a particular request for relief under Public Law 85–804 (50 U.S.C. 1431 et seq.) regarding such con- tract may be implemented unless such provision of law— (1) specifically refers to this subsection; and (2) specifically states that this subsection does not apply with respect to the payment di- rected by that provision of law. (c) TREATMENT OF CERTAIN CLAUSES IMPLE- MENTING EXECUTIVE ORDERS.—The unilateral in- sertion of a covered clause into an existing De- partment of Defense contract, order, or other transaction by a contracting officer shall be treated as a change directed by the contracting officer pursuant to, and subject to, the Changes clause of the underlying contract, order, or other transaction. (d) DEFINITIONS.—In this section: (1) The term ‘‘simplified acquisition thresh- old’’ has the meaning given that term in sec- tion 134 of title 41. (2) The term ‘‘Changes clause’’ means the clause described in part 52.243–4 of the Federal Acquisition Regulation or any successor regu- lation. (3) The term ‘‘covered clause’’ means any clause implementing the requirements of an Executive order issued by the President. (Added Pub. L. 103–355, title II, § 2301(a), Oct. 13, 1994, 108 Stat. 3320, § 2410; amended Pub. L. 111–350, § 5(b)(27), Jan. 4, 2011, 124 Stat. 3845; re- numbered § 3862 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1836(b), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4241, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(d)(6), Dec. 27, 2021, 135 Stat. 2136; Pub. L. 117–263, div. A, title VIII, § 805(a), Dec. 23, 2022, 136 Stat. 2701.) Editorial Notes REFERENCES IN TEXT Public Law 85–804, referred to in subsecs. (a) and (b), is Pub. L. 85–804, Aug. 28, 1958, 72 Stat. 972, which is classified generally to chapter 29 (§ 1431 et seq.) of Title 50, War and National Defense. For complete classifica- tion of this Act to the Code, see Tables. AMENDMENTS 2022—Pub. L. 117–263, § 805(a)(1), struck out ‘‘: certification’’ after ‘‘relief’’ in section catchline. Subsec. (c). Pub. L. 117–263, § 805(a)(3), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 117–263, § 805(a)(2), (4), redesig- nated subsec. (c) as (d), substituted ‘‘Definitions’’ for ‘‘Definition’’ in heading, substituted ‘‘In this section:’’ for ‘‘In this section,’’, designated remainder of existing provisions as par. (1), substituted ‘‘The term’’ for ‘‘the term’’, and added pars. (2) and (3). 2021—Pub. L. 116–283, § 1836(b), renumbered section 2410 of this title as this section. Subsec. (b). Pub. L. 117–81 substituted ‘‘section 3063’’ for ‘‘section 2303(a)’’ in introductory provisions. Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was re- designated by title XVIII of Pub. L. 116–283, as such sec- tion was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to ‘‘section 2303(a)’’, which was redesig- nated as multiple sections. 2011—Subsec. (c). Pub. L. 111–350 substituted ‘‘section 134 of title 41’’ for ‘‘section 4(11) of the Office of Federal Procurement Policy Act’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 to take effect imme- diately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE For effective date and applicability of section, see section 10001 of Pub. L. 103–355, set out as an Effective