[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2369 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2369

 To amend the Act of March 3, 1863, incorporating the National Academy 
   of Sciences, to authorize the Federal Government to indemnify the 
Academy against liability for certain pecuniary losses to third persons 
    arising from projects and activities undertaken by the Academy.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 1993

 Mr. Boucher introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Act of March 3, 1863, incorporating the National Academy 
   of Sciences, to authorize the Federal Government to indemnify the 
Academy against liability for certain pecuniary losses to third persons 
    arising from projects and activities undertaken by the Academy.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INDEMNIFICATION OF NATIONAL ACADEMY OF SCIENCES.

    The Act entitled ``An Act to Incorporate the National Academy of 
Sciences'', approved March 3, 1863 (36 U.S.C. 251 et seq.), is amended 
by adding at the end the following new section:

``SEC. 4. INDEMNIFICATION.

    ``(a) Authorization of Indemnification.--
            ``(1) In general.--With the approval of a person described 
        in paragraph (2), a contract between an Executive agency and 
        the National Academy of Sciences for the undertaking by the 
        Academy of a project or activity on behalf of the agency may 
        provide that the Federal Government will indemnify the Academy 
        against tort liability for any pecuniary loss to a third person 
        arising from the project or activity.
            ``(2) Contract approval.--The persons who may approve a 
        contractual provision for the indemnification by the Federal 
        Government of the Academy under the circumstances described in 
        paragraph (1) are, with respect to an Executive agency--
                    ``(A) the head of the agency;
                    ``(B) the policymaking officer immediately inferior 
                in rank to the head of the agency; and
                    ``(C) the policymaking officer immediately inferior 
                in rank to the person referred to in subparagraph (B).
    ``(b) Notice and Control of Claim.--A contract that provides for 
indemnification pursuant to subsection (a) shall also--
            ``(1) require that, as a prerequisite to the availability 
        of such indemnification, the Academy--
                    ``(A) receive a written statement of a claim 
                against it for a pecuniary loss to a third person 
                arising from a project or activity undertaken by the 
                Academy on behalf of the contracting Executive agency; 
                or
                    ``(B) be served with a pleading commencing a suit 
                against it for such pecuniary loss;
            ``(2) require that, as a prerequisite to the availability 
        of such indemnification, the Academy--
                    ``(A) give written notice to the Attorney General 
                of a claim described in paragraph (1)(A) within the 30-
                day period beginning on the date of the receipt of the 
                claim; and
                    ``(B) give written notice to the Attorney General 
                of a pleading described in paragraph (1)(B) within the 
                5-day period beginning on the date of the service of 
                the pleading; and
            ``(3) provide for control of or assistance in the defense 
        by the Federal Government, at its election, of any such claim 
        or suit.
    ``(c) Certification by Attorney General.--
            ``(1) In general.--A payment may not be made pursuant to 
        subsection (a) unless the Attorney General certifies that the 
        amount is just and reasonable.
            ``(2) Exception.--Paragraph (1) shall not apply with 
        respect to a payment for indemnification of the Academy against 
        liability pursuant to a final judgment or other legally binding 
        award of a finder of fact.
    ``(d) Definitions.--For purposes of this section:
            ``(1) Academy.--The term `Academy' means the National 
        Academy of Sciences.
            ``(2) Executive agency.--The term `Executive agency' has 
        the meaning given such term in section 105 of title 5, United 
        States Code.
            ``(3) Tort liability.--The term `tort liability' means 
        liability arising from an actual or alleged tort and includes 
        amounts necessary to pay--
                    ``(A) a final judgment, award, or compromise 
                settlement;
                    ``(B) interest and costs specified in a final 
                judgment, award, or compromise settlement or otherwise 
                authorized by law; and
                    ``(C) reasonable expenses of litigation or 
                settlement incurred by the Academy.''.

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