Page:United States Statutes at Large Volume 112 Part 3.djvu/683

. ^'•^^'^ PUBLIC LAW 105-276—OCT. 21, 1998 112 STAT. 2513 (4) evaluate the extent to which independent, merit-based evaluation of federally-funded research and development programs and projects achieves the goal of eliminating unsuccessfiil or unproductive programs 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 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 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 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- 42 USC 2458b ERAL.—The Administrator may provide liability insurance for, or note, 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 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 responsibility in amounts to compensate for the msiximum probable loss from claims by— (i) a third party for death, bodily injury, or property 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

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