---
kind: "section"
citation: "38 U.S.C. § 7317"
title: "38"
title_heading: "Veterans’ Benefits"
number: "7317"
heading: "Hazardous research projects: indemnification of contractors"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/7317"
units:
  - "Part V — Boards, Administrations, and Services"
  - "Chapter 73 — Veterans Health Administration—organization and Functions"
  - "Subchapter II — General Authority and Administration"
---

# §7317. Hazardous research projects: indemnification of contractors

- (a)
  - (1) With the approval of the [Secretary](/usc/38/101.md?p=1), any contract or research authorized by [section 7303 of this title](/usc/38/7303.md), 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)](#a-2), but only to the extent that the liability, loss, or damage concerned arises out of the direct performance of the contract and to the extent not covered by the financial protection required under [subsection (e)](#e).
  - (2) Indemnity under [paragraph (1)](#a-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](/usc/38/101.md?p=20) or Federal workers’ injury [compensation](/usc/38/101.md?p=13) laws to employees of the contractor employed at the site of and in connection with the contract for which indemnification is granted, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous.
    - (B) Loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous.
- (b) A contract that provides for indemnification in accordance with [subsection (a)](#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 provided hereunder.
- (c) A payment may not be made under [subsection (a)](#a) unless the [Secretary](/usc/38/101.md?p=1) certifies that the amount is just and reasonable.
- (d) Upon approval by the [Secretary](/usc/38/101.md?p=1), payments under [subsection (a)](#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.
- (e) Each contractor which is a party to an indemnification agreement under [subsection (a)](#a) shall have and maintain financial protection of such type and in such amounts as the [Secretary](/usc/38/101.md?p=1) shall require to cover liability to third persons and loss of or damage to the contractor’s property. The amount of financial protection required shall be the maximum amount of insurance available from private sources, except that the [Secretary](/usc/38/101.md?p=1) may establish a lesser amount, taking into consideration the cost and terms of private insurance. Such financial protection may include private insurance, private contractual indemnities, self-insurance, other proof of financial responsibility, or a combination of such measures.
- (f) In administering the provisions of this section, the [Secretary](/usc/38/101.md?p=1) may use the facilities and services of private insurance organizations and may contract to pay a reasonable [compensation](/usc/38/101.md?p=13) therefor. Any contract made under the provisions of this section may be made without regard to the provisions of [section 6101(b)](/usc/38/6101.md?p=b) to (d) of [title 41](/usc/41.md), upon a showing by the [Secretary](/usc/38/101.md?p=1) 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 section shall remain available until expended.
- (i) In this section, the term “contractor” includes subcontractors of any tier under a contract containing an indemnification provision pursuant to [subsection (a)](#a).

## Source credit

(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.)

## Notes

### 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)”.