H. R. 4194—53
(4) evaluate the extent to which independent, merit-based
evaluation of federally-funded research and development pro-
grams and projects achieves the goal of eliminating unsuccess-
ful or unproductive programs and projects; and
(5) investigate and report on the validity of using quan-
titative performance goals for aspects of programs which relate
to administrative management of the program and for which
such goals would be appropriate, including aspects related to—
(A) administrative burden on contractors and recipients
of financial assistance awards;
(B) administrative burdens on external participants
in independent, merit-based evaluations;
(C) cost and schedule control for construction projects
funded by the program;
(D) the ratio of overhead costs of the program relative
to the amounts expended through the program for equip-
ment and direct funding of research; and
(E) the timeliness of program responses to requests
for funding, participation, or equipment use.
(b) INDEPENDENT MERIT-BASED EVALUATION DEFINED.—The
term ‘‘independent merit-based evaluation’’ means review of the
scientific or technical quality of research or development, conducted
by experts who are chosen for their knowledge of scientific and
technical fields relevant to the evaluation and who—
(1) in the case of the review of a program activity, do
not derive long-term support from the program activity; or
(2) in the case of the review of a project proposal, are
not seeking funds in competition with the proposal.
SEC. 431. INSURANCE; INDEMNIFICATION; LIABILITY. (a) IN GEN-
ERAL.—The Administrator may provide liability insurance for, or
indemnification to, the developer of an experimental aerospace
vehicle developed or used in execution of an agreement between
the Administration and the developer.
(b) TERMS AND CONDITIONS.—
(1) IN GENERAL.—Except as otherwise provided in this sec-
tion, the insurance and indemnification provided by the
Administration under subsection (a) to a developer shall be
provided on the same terms and conditions as insurance and
indemnification is provided by the Administration under section
308 of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2458b) to the user of a space vehicle.
(2) INSURANCE.—
(A) IN
GENERAL.—A developer shall obtain liability
insurance or demonstrate financial responsibility in
amounts to compensate for the maximum probable loss
from claims by—
(i) a third party for death, bodily injury, or prop-
erty damage, or loss resulting from an activity carried
out in connection with the development or use of an
experimental aerospace vehicle; and
(ii) the United States Government for damage or
loss to Government property resulting from such an
activity.
(B) MAXIMUM
REQUIRED.—The Administrator shall
determine the amount of insurance required, but, except
as provided in subparagraph (C), that amount shall not
be greater than the amount required under section
H. R. 4194—54
70112(a)(3) of title 49, United States Code, for a launch.
The Administrator shall publish notice of the Administra-
tor’s determination and the applicable amount or amounts
in the Federal Register within 10 days after making the
determination.
(C) INCREASE IN DOLLAR AMOUNTS.—The Administrator
may increase the dollar amounts set forth in section
70112(a)(3)(A) of title 49, United States Code, for the pur-
pose of applying that section under this section to a devel-
oper after consultation with the Comptroller General and
such experts and consultants as may be appropriate, and
after publishing notice of the increase in the Federal Reg-
ister not less than 180 days before the increase goes into
effect. The Administrator shall make available for public
inspection, not later than the date of publication of such
notice, a complete record of any correspondence received
by the Administration, and a transcript of any meetings
in which the Administration participated, regarding the
proposed increase.
(D) SAFETY REVIEW REQUIRED BEFORE ADMINISTRATOR
PROVIDES INSURANCE.—The Administrator may not provide
liability insurance or indemnification under subsection (a)
unless the developer establishes to the satisfaction of the
Administrator that appropriate safety procedures and prac-
tices are being followed in the development of the experi-
mental aerospace vehicle.
(3) NO
INDEMNIFICATION
WITHOUT
CROSS-WAIVER.—Not-
withstanding subsection (a), the Administrator may not indem-
nify a developer of an experimental aerospace vehicle under
this section unless there is an agreement between the Adminis-
tration and the developer described in subsection (c).
(4) APPLICATION OF CERTAIN PROCEDURES.—If the Adminis-
trator requests additional appropriations to make payments
under this section, like the payments that may be made under
section 308(b) of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2458b(b)), then the request for those appropria-
tions shall be made in accordance with the procedures estab-
lished by subsections (d) and (e) of section 70113 of title 49,
United States Code.
(c) CROSS-WAIVERS.—
(1) ADMINISTRATOR AUTHORIZED TO WAIVE.—The Adminis-
trator, on behalf of the United States, and its departments,
agencies, and related entities, may reciprocally waive claims
with a developer and with the related entities of that developer
under which each party to the waiver agrees to be responsible,
and agrees to ensure that its own related entities are respon-
sible, for damage or loss to its property for which it is respon-
sible, or for losses resulting from any injury or death sustained
by its own employees or agents, as a result of activities con-
nected to the agreement or use of the experimental aerospace
vehicle.
(2) LIMITATIONS.—
(A) CLAIMS.—A reciprocal waiver under paragraph (1)
may not preclude a claim by any natural person (including,
but not limited to, a natural person who is an employee
of the United States, the developer, or the developer’s sub-
contractors) or that natural person’s estate, survivors, or
H. R. 4194—55
subrogees for injury or death, except with respect to a
subrogee that is a party to the waiver or has otherwise
agreed to be bound by the terms of the waiver.
(B) LIABILITY FOR NEGLIGENCE.—A reciprocal waiver
under paragraph (1) may not absolve any party of liability
to any natural person (including, but not limited to, a
natural person who is an employee of the United States,
the developer, or the developer’s subcontractors) or such
a natural person’s estate, survivors, or subrogees for neg-
ligence, except with respect to a subrogee that is a party
to the waiver or has otherwise agreed to be bound by
the terms of the waiver.
(C) INDEMNIFICATION
FOR
DAMAGES.—A reciprocal
waiver under paragraph (1) may not be used as the basis
of a claim by the Administration or the developer for indem-
nification against the other for damages paid to a natural
person, or that natural person’s estate, survivors, or
subrogees, for injury or death sustained by that natural
person as a result of activities connected to the agreement
or use of the experimental aerospace vehicle.
(3) EFFECT ON PREVIOUS WAIVERS.—Subsection (c) applies
to any waiver of claims entered into by the Administration
without regard to whether it was entered into before, on, or
after the date of the enactment of this Act.
(d) DEFINITIONS.—In this section:
(1) ADMINISTRATION.—The term ‘‘Administration’’ means
the National Aeronautics and Space Administration.
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the National Aeronautics and Space Adminis-
tration.
(3) COMMON TERMS.—Any term used in this section that
is defined in the National Aeronautics and Space Act of 1958
(42 U.S.C. 2451 et seq.) has the same meaning in this section
as when it is used in that Act.
(4) DEVELOPER.—The term ‘‘developer’’ means a United
States person (other than a natural person) who—
(A) is a party to an agreement that was in effect
before the date of the enactment of this Act with the
Administration for the purpose of developing new tech-
nology for an experimental aerospace vehicle;
(B) owns or provides property to be flown or situated
on that vehicle; or
(C) employs a natural person to be flown on that
vehicle.
(5) EXPERIMENTAL AEROSPACE VEHICLE.—The term ‘‘experi-
mental aerospace vehicle’’ means an object intended to be flown
in, or launched into, suborbital flight for the purpose of dem-
onstrating technologies necessary for a reusable launch vehicle,
developed under an agreement between the Administration and
a developer that was in effect before the date of the enactment
of this Act.
(6) RELATED ENTITY.—The term ‘‘related entity’’ includes
a contractor or subcontractor at any tier, a supplier, a grantee,
and an investigator or detailee.
(e) RELATIONSHIP TO OTHER LAWS.—
(1) SECTION 308 OF NATIONAL AERONAUTICS AND SPACE ACT
OF 1958.—This section does not apply to any object, transaction,
H. R. 4194—56
or operation to which section 308 of the National Aeronautics
and Space Act of 1958 (42 U.S.C. 2458b) applies.
(2) CHAPTER 701 OF TITLE 49, UNITED STATES CODE.—The
Administrator may not provide indemnification to a developer
under this section for launches subject to license under section
70117(g)(1) of title 49, United States Code.
(f ) TERMINATION.—
(1) IN GENERAL.—The provisions of this section shall termi-
nate on December 31, 2002, except that the Administrator
may extend the termination date to a date not later than
September 30, 2005, if the Administrator determines that such
an extension is necessary to cover the operation of an experi-
mental aerospace vehicle.
(2) EFFECT OF TERMINATION ON AGREEMENTS.—The termi-
nation of this section does not terminate or otherwise affect
a cross-waiver agreement, insurance agreement, indemnifica-
tion agreement, or any other agreement entered into under
this section except as may be provided in that agreement.
SEC. 432. VIETNAM VETERANS ALLOTMENT. The Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by
adding at the end:
‘‘OPEN SEASON FOR CERTAIN ALASKA NATIVE VETERANS FOR
ALLOTMENTS
‘‘SEC. 41. (a) IN GENERAL.—(1) During the eighteen month
period following promulgation of implementing rules pursuant to
subsection (e), a person described in subsection (b) shall be eligible
for an allotment of not more than two parcels of federal land
totaling 160 acres or less under the Act of May 17, 1906 (chapter
2469; 34 Stat. 197), as such Act was in effect before December
18, 1971.
‘‘(2) Allotments may be selected only from lands that were
vacant, unappropriated, and unreserved on the date when the per-
son eligible for the allotment first used and occupied those lands.
‘‘(3) The Secretary may not convey allotments containing any
of the following—
‘‘(A) lands upon which a native or non-native campsite
is located, except for a campsite used primarily by the person
selecting the allotment;
‘‘(B) lands selected by, but not conveyed to, the State of
Alaska pursuant to the Alaska Statehood Act or any other
provision of law;
‘‘(C) lands selected by, but not conveyed to, a Village or
Regional Corporation;
‘‘(D) lands designated as wilderness by statute;
‘‘(E) acquired lands;
‘‘(F) lands containing a building, permanent structure, or
other development owned or controlled by the United States,
another unit of government, or a person other than the person
selecting the allotment;
‘‘(G) lands withdrawn or reserved for national defense pur-
poses other than National Petroleum Reserve-Alaska;
‘‘(H) National Forest Lands; and
‘‘(I) lands selected or claimed, but not conveyed, under
a public land law, including but not limited to the following:
‘‘(1) Lands within a recorded mining claim.
‘‘(2) Home sites.