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amphetamine on the premises in violation of any
Federal or State law.’’.
SEC. 426. SENSE OF SENATE REGARDING MAXIMUM
TRAVEL DISTANCE FOR VETERANS TO HEALTH CARE FA-
CILITIES. (a) It is the sense of the Senate that it should
be the goal of the Department of Veterans Affairs to serve
all veterans at health care facilities within 250 miles of
their homes, and to minimize travel distances if specialized
services are not available at a health care facility operated
by the Veterans Health Administration within 250 miles
of a veteran’s home.
(b) Not later than 6 months after the date of enactment
of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans’ Affairs of the House of Rep-
resentatives and the Senate a report on the estimated costs
to and impact on the health care system administered by
the Veterans Health Administration of making specialty
care available to all veterans within 250 miles of their
homes.
SEC. 427. None of the funds provided in this Act may
be obligated after February 15, 1999, unless each depart-
ment, agency, corporation, and commission that receives
funds herein provides detailed justifications to the Commit-
tees on Appropriations for all salary and expense activities
for fiscal years 1999 through 2003, including personnel
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compensation and benefits, consulting costs, professional
services or technical service contracts regardless of the dollar
amount, contracting out costs, travel and other standard
object classifications for all headquarters offices, regional of-
fices, or field installations and laboratories, including the
number of full-time equivalents per office, and the personnel
compensation, benefits and travel costs for each Secretary,
Assistant Secretary or Administrator.
SEC. 428. COMPREHENSIVE ACCOUNTABILITY STUDY
FOR FEDERALLY-FUNDED RESEARCH. (a) STUDY.—The
Director of the Office of Science and Technology Policy, in
consultation with the Director of the Office of Management
and Budget, may enter into an agreement with the National
Academy of Sciences for the Academy to conduct a com-
prehensive study to develop methods for evaluating feder-
ally-funded research and development programs. This study
shall—
(1) recommend processes to determine an accept-
able level of success for federally-funded research and
development programs by—
(A) describing the research process in the
various scientific and engineering disciplines;
(B) describing in the different sciences what
measures and what criteria each community uses
to evaluate the success or failure of a program,
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and on what time scales these measures are con-
sidered reliable—both for exploratory long-range
work and for short-range goals; and
(C) recommending how these measures may
be adapted for use by the Federal Government to
evaluate federally-funded research and develop-
ment programs;
(2) assess the extent to which agencies incor-
porate independent merit-based evaluation into the
formulation of the strategic plans of funding agencies
and if the quantity or quality of this type of input
is unsatisfactory;
(3) recommend mechanisms for identifying feder-
ally-funded research and development programs which
are unsuccessful or unproductive;
(4) evaluate the extent to which independent,
merit-based evaluation of federally-funded research
and development programs and projects achieves the
goal of eliminating unsuccessful or unproductive pro-
grams and projects; and
(5) investigate and report on the validity of
using quantitative performance goals for aspects of
programs which relate to administrative management
of the program and for which such goals would be ap-
propriate, including aspects related to—
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(A) administrative burden on contractors
and recipients of financial assistance awards;
(B) administrative burdens on external par-
ticipants in independent, merit-based evalua-
tions;
(C) cost and schedule control for construc-
tion projects funded by the program;
(D) the ratio of overhead costs of the pro-
gram relative to the amounts expended through
the program for equipment 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 DE-
FINED.—The term ‘‘independent merit-based evaluation’’
means review of the scientific or technical quality of re-
search 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 activ-
ity, do not derive long-term support from the program
activity; or
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(2) in the case of the review of a project pro-
posal, are not seeking funds in competition with the
proposal.
SEC. 429. INSURANCE; INDEMNIFICATION; LIABILITY.
(a) IN GENERAL.—The Administrator may provide liabil-
ity insurance for, or indemnification to, the developer of
an experimental aerospace vehicle developed or used in exe-
cution of an agreement between the Administration and the
developer.
(b) TERMS AND CONDITIONS.—
(1) IN GENERAL.—Except as otherwise provided
in this section, 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 re-
sponsibility in amounts to compensate for the
maximum probable loss from claims by—
(i) a third party for death, bodily in-
jury, or property damage, or loss resulting
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from an activity carried out in connection
with the development or use of an experi-
mental aerospace vehicle; and
(ii) the United States Government for
damage or loss to Government property re-
sulting from such an activity.
(B) MAXIMUM
REQUIRED.—The Adminis-
trator shall determine the amount of insurance
required, but, except as provided in subpara-
graph (C), that amount shall not be greater than
the amount required under section 70112(a)(3)
of title 49, United States Code, for a launch. The
Administrator shall publish notice of the Admin-
istrator’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 purpose of applying
that section under this section to a developer
after consultation with the Comptroller General
and such experts and consultants as may be ap-
propriate, and after publishing notice of the in-
crease in the Federal Register not less than 180
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days before the increase goes into effect. The Ad-
ministrator shall make available for public in-
spection, not later than the date of publication of
such notice, a complete record of any correspond-
ence received by the Administration, and a tran-
script of any meetings in which the Administra-
tion participated, regarding the proposed in-
crease.
(D) SAFETY REVIEW REQUIRED BEFORE AD-
MINISTRATOR
PROVIDES
INSURANCE.—The Ad-
ministrator may not provide liability insurance
or indemnification under subsection (a) unless
the developer establishes to the satisfaction of the
Administrator that appropriate safety proce-
dures and practices are being followed in the de-
velopment of the experimental aerospace vehicle.
(3) NO INDEMNIFICATION WITHOUT CROSS-WAIV-
ER.—Notwithstanding subsection (a), the Adminis-
trator may not indemnify a developer of an experi-
mental aerospace vehicle under this section unless
there is an agreement between the Administration
and the developer described in subsection (c).
(4) APPLICATION OF CERTAIN PROCEDURES.—If
the Administrator requests additional appropriations
to make payments under this section, like the pay-
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ments 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 appro-
priations shall be made in accordance with the proce-
dures established by subsections (d) and (e) of section
70113 of title 49, United States Code.
(c) CROSS-WAIVERS.—
(1) ADMINISTRATOR AUTHORIZED TO WAIVE.—
The Administrator, on behalf of the United States,
and its departments, agencies, and instrumentalities,
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 re-
sponsible, for damage or loss to its property for which
it is responsible, or for losses resulting from any in-
jury or death sustained by its own employees or
agents, as a result of activities connected to the agree-
ment 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-
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contractors) or that natural person’s estate, sur-
vivors, or 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 recip-
rocal waiver under paragraph (1) may not ab-
solve any party of liability to any natural per-
son (including, but not limited to, a natural per-
son 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 negligence, except with respect to a
subrogee that is a party to the waiver or has oth-
erwise 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 Adminis-
tration or the developer for indemnification
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 con-
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nected to the agreement or use of the experi-
mental aerospace vehicle.
(d) DEFINITIONS.—In this section:
(1) ADMINISTRATION.—The term ‘‘Administra-
tion’’ means the National Aeronautics and Space Ad-
ministration.
(2) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the National Aer-
onautics and Space Administration.
(3) COMMON TERMS.—Any term used in this sec-
tion 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
person (other than a natural person) who—
(A) is a party to an agreement that was in
effect before the date of enactment of this Act
with the Administration for the purpose of devel-
oping new technology for an experimental aero-
space 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.
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(5) EXPERIMENTAL AEROSPACE VEHICLE.—The
term ‘‘experimental aerospace vehicle’’ means an ob-
ject intended to be flown in, or launched into, sub-
orbital flight for the purpose of demonstrating tech-
nologies necessary for a reusable launch vehicle, devel-
oped under an agreement between the Administration
and a developer that was in effect before the date of
enactment of this Act.
(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, 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 indem-
nification 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 terminate on December 31, 2002, except that the
Administrator may extend the termination date to a
date not later than September 30, 2005, if the Admin-
istrator determines that such an extension is nec-
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essary to cover the operation of an experimental aero-
space vehicle.
(2) EFFECT
OF
TERMINATION
ON
AGREE-
MENTS.—The termination of this section does not ter-
minate or otherwise affect a cross-waiver agreement,
insurance agreement, indemnification agreement, or
any other agreement entered into under this section
except as may be provided in that agreement.
SEC. 430. VIETNAM VETERANS ALLOTMENT. The Alas-
kan Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
is amended by adding at the end the following:
‘‘OPEN SEASON FOR CERTAIN NATIVE ALASKAN VETERANS
FOR ALLOTMENTS.
‘‘SEC. 41. (a) IN GENERAL.—(1) During the eighteen
month period following promulgation of implementing rules
pursuant to paragraph (6), a person described in subsection
(b) shall be eligible for an allotment of not more than 160
acres of land under the Act of May 17, 1906 (chapter 2469;
34 Stat. 197), as such Act was in effect before December
18, 1971.
‘‘(2) Allotments selected under this section shall not be
from existing native or non-native campsites, except for
campsites used primarily by the person selecting the allot-
ment.
‘‘(3) Only Federal lands shall be eligible for selection
and conveyance under this Act.
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‘‘(4) All conveyances shall be subject to valid existing
rights, including any right of the United States to income
derived, directly or indirectly, from a lease, license, permit,
right-of-way or easement.
‘‘(5) All State selected lands that have not yet been
conveyed shall be ineligible for selection under this section.
‘‘(6) No later than 18 months after enactment of this
section, the Secretary of the Interior shall promulgate, after
consultation with Alaska Natives groups, rules to carry out
this section.
‘‘(7) The Secretary of the Interior may convey alter-
native Federal lands, including lands within a Conserva-
tion System Unit, to a person entitled to an allotment lo-
cated within a Conservation System Unit if—
‘‘(A) the Secretary determines that the allotment
would be incompatible with the purposes for which
the Conservation System Unit was established; and
‘‘(B) the alternative lands are of equal acreage to
the allotment.
‘‘(b) ELIGIBLE INDIVIDUALS.—(1) A person is eligible
under subsection (a) if that person would have been eligible
under the Act of May 17, 1906 (chapter 2469; 34 Stat. 197),
as that Act was in effect before December 18, 1971, and
that person is a veteran who served during the period be-
tween January 1, 1968 and December 31, 1971.
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‘‘(c) STUDY AND REPORT.—The Secretary of the Inte-
rior shall—
‘‘(1) conduct a study to identify and assess the
circumstances of veterans of the Vietnam era who
were eligible for allotments under the Act of May 17,
1906 but who did not apply under that Act and are
not eligible under this section; and
‘‘(2) within one year of enactment of this section,
issue a written report with recommendations to the
Committee on Appropriations and the Committee on
Energy and Natural Resources in the Senate and the
Committee on Appropriations and the Committee on
Resources in the House of Representatives.
‘‘(d) DEFINITIONS.—For the purposes of this section,
the terms ‘veteran’ and ‘Vietnam era’ have the meanings
given those terms by paragraphs (2) and (29), respectively,
of section 101 of title 38, United States Code.’’.
This Act may be cited as the ‘‘Departments of Veterans
Affairs and Housing and Urban Development, and Inde-
pendent Agencies Appropriations Act, 1999’’.
Attest:
Secretary.
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