§4143 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense can hire college students on a temporary or occasional basis to help at defense research and development labs, but only if money is available. Contracts may be made directly with the students or with nonprofit groups that hire them. Students hired this way are treated as employees only for workers’ compensation (title 5, chapter 81) and for tort claims against the government (title 28, chapter 171). If they are not already federal employees, they are not federal employees for any other reason. The Secretary must make rules and define the words “student,” “institution of higher learning,” and “nonprofit organization.”

Title 10, §4143

Armed Forces — Source: USLM XML via OLRC

(a)Subject to the availability of appropriations for such purpose, the Secretary of Defense may procure by contract under the authority of this section the temporary or intermittent services of students at institutions of higher learning for the purpose of providing technical support at defense research and development laboratories. Such contracts may be made directly with such students or with nonprofit organizations employing such students.

(b)Students providing services pursuant to a contract made under subsection (a) shall be considered to be employees for the purposes of chapter 81 of title 5, relating to compensation for work injuries, and to be employees of the government for the purposes of chapter 171 of title 28, relating to tort claims. Such students who are not otherwise employed by the Federal Government shall not be considered to be Federal employees for any other purpose.

(c)The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall include definitions for the purposes of this section of the terms “student”, “institution of higher learning”, and “nonprofit organization”.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 116–283, § 1844(b), as added by Pub. L. 117–81, § 1701(u)(5)(B), renumbered section 2360 of this title as this section. Pub. L. 116–283, § 1843(b)(2), which directed the renumbering of section 2360 of this title as section 4112 instead of this section, was repealed by Pub. L. 117–81, § 1701(u)(4)(A), effective as if included therein, so that such renumbering was no longer directed.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) 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.

§4143 Research and development laboratories: contracts for services of university students