Indemnification of Government Contractors: Hearings Before the Subcommittee on Agency Administration of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, Second Session, on Indemnification of Government Contractors, Part 1 |
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activities Administration agent orange Air Force Anti-Deficiency Act BAIRD Bell Textron CAREY catastrophic accident catastrophic liability Chairman clause Committee compensation CONGRESS LIBRARY CONGRESS THE LIBRARY contracting agency cost Court coverage damage doctrine Dow Chemical Company draft bill Eaton ernment fault Federal Government Federal Tort Claims government contractors Government employees government indemnification Government Procurement Government programs governmental hearing indemnification of government indemnity industry injured involved LAUNCH legislation liability arising liability problems LIBRARY OF CONGR LIBRARY OF CONGRESS limited litigation McGRATH ment military NASA negligence OFPP potential liability prepared statement Price-Anderson Act product liability product or service Public Law question reasonably available insurance responsible result risk Section Senator GRASSLEY situation small business sovereign immunity space shuttle specifications statute strict liability subcontractors supplier swine flu testimony Thank third party tion TOBAK Tort Claims Act ultrahazardous activities United States Code United States Government unusually hazardous
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Page 36 - As used in this chapter and sections 1346 (b) and 2401 (b) of this title, the term 'Federal agency' includes the executive departments, the military departments, independent establishments of the United States, and corporations primarily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United States. " 'Employee of the government...
Page 58 - ... indemnify contractors and subcontractors at some time in the future, if and when NASA should be authorized by subsequently enacted legislation to grant such indemnification, or if and when NASA might promulgate for general use an indemnification clause within the limits of existing legal authority. However, if indemnification authority is subsequently provided to NASA by legislation, NASA will do whatever is permitted by the statute and other available authority to apply its provisions so that...
Page 41 - Contractor's business, or (ii) all or substantially all of the Contractor's operations at any one plant or separate location in which this contract Is being performed, or (ill) a separate and complete major Industrial operation in connection with the performance of this contract.
Page 41 - Commission shall afford an opportunity for a hearing (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a) (3) of such section).
Page 1 - The subcommittee met, pursuant to notice, at 2:05 pm, in room SD-226, Dirksen Senate Office Building, Hon. Charles E. Grassley (chairman of the subcommittee) presiding. Also present: Senators Sessions and Durbin.
Page 2 - Thank you very much, Mr. Chairman. I very much appreciate the opportunity to appear before...
Page 41 - Contractor's directors or officers, or on the part of any of Its managers, superintendents, or other equivalent representatives, who have supervision or direction of (I) all or substantially all of the Contractor's business, or (II) all or substantially all of the Contractor's operations at any one plant or separate location in which this contract Is being performed...
Page 142 - Appeals members, the recommendation and report of the council of the Section of Public Contract Law of the American Bar Association circulated in July 1975, as well as other Board procedures have all been given careful consideration.
Page 9 - ... sustained as a result of the decision to engage in the dangerous activity. The degree of care used in performing the activity is irrelevant to the application of that doctrine. But the statute requires a negligent act. So it is our judgment that liability does not arise by virtue either of United States ownership of an "inherently dangerous commodity" or property, or of engaging in an "extra hazardous
Page 39 - States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.