Page:United States Statutes at Large Volume 105 Part 1.djvu/249

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PUBLIC LAW 102-40—MAY 7, 1991 105 STAT. 221 tion of 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 property. The amount of financial protection required shall be the maximum amount of insurance 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 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 may use the facilities and services of private insurance organizations and may contract to pay a reasonable compensation therefor. Any contract made under the provisions of this section may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5), upon a showing by the Secretary that advertising is not resisonably practicable, and advance pa5nnents 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).". (4) Such chapter is further amended— (A) by redesignating sections 4131, 4132, 4133, and 4134 as sections 7331, 7332, 7333, and 7334, respectively; and (B) by redesignating sections 4161, 4162, 4163, 4164, 4165, 4166, 4167, and 4168 as sections 7361, 7362, 7363, 7364, 7365, 7366, 7367, and 7368, respectively. (b) ENACTMENT OF OTHER PROVISIONS OF OLD CHAPTER 73 IN NEW CHAPTER 74. —Chapter 74, as added by section 102 and amended by section 202, is amended as follows: (1) The table of sections (as added by section 102 and amended by section 203(b)) is amended— (A) by inserting at the beginning the following: "SUBCHAPTER I—APPOINTMENTS "Sec. "7401. Appointments in Veterans Health Administration. "7402. Qualifications of appointees. "7403. Period of appointments; promotions. "7404. Grades and pay scales. "7405. Temporary full-time appointments, part-time appointments, and withoutcompensation appointments. "7406. Residencies and internships. "7407. Administrative provisions for section 7405 and 7406 appointments. "7408. Appointment of additional employees. "7409. Contracts for scarce medical specialist services."; (B) by inserting after the item relating to section 7423 (as added by section 203(b)(1)) the following: "7424. Travel expenses of certain employees. "7425. Employees: laws not applicable. "7426. Retirement rights."; (C) by inserting after the item relating to section 7440 (as added by section 102) the following: