114 STAT. 1600 PUBLIC LAW 106-391—OCT. 30, 2000 (b) AMENDMENTS.— Section 309 of the National Aeronautics 42 USC 2458c. and Space Act of 1958 (as so designated by subsection (a)(2) of this section) is amended— (1) in subsection (c)(1), by striking "departments, agencies, and related entities" and inserting "departments, agencies, and instrumentalities"; (2) in subsection (c)(2), by adding at the end the following new subparagraph: "(D) WILLFUL MISCONDUCT. —^A reciprocal waiver under paragraph (1) may not relieve the United States, the developer, the cooperating party, or the related entities of the developer or cooperating party, of liability for damage or loss resulting from willful misconduct."; and (3) by adding at the end the following new subsection: "(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 Administrator determines that such extension is in the interests of the United States. "(2) EFFECT OF TERMINATION ON AGREEMENT.— The termination of this section shall not terminate or otherwise affect any cross-waiver agreement, insurance agreement, indemnification agreement, or other agreement entered into under this section, except as may be provided in that agreement.". 42 USC 2473d. SEC. 325. USE OF ABANDONED, UNDERUTILIZED, AND EXCESS BUILDINGS, GROUNDS, AND FACILITIES. (a) IN GENERAL.— In any case in which the Administrator considers the purchase, lease, or expansion of a facility to meet requirements of the National Aeronautics and Space Administration, the Administrator shall consider whether those requirements could be met by the use of one of the following: (1) Abandoned or underutilized buildings, grounds, and facilities in depressed communities that can be converted to National Aeronautics and Space Administration usage at a reasonable cost, as determined by the Administrator. (2) Any military installation that is closed or being closed, or any facility at such an installation. (3) Any other facility or part of a facility that the Administrator determines to be— (A) owned or leased by the United States for the use of another agency of the Federal Government; and (B) considered by the head of the agency involved— (i) to be excess to the needs of that agency; or (ii) to be underutilized by that agency.
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