114 STAT. 1584 PUBLIC LAW 106-391—OCT. 30, 2000 Subtitle B—Limitations and Special Authority SEC. 121. USE OF FUNDS FOR CONSTRUCTION. (a) AUTHORIZED USES.— Funds appropriated under sections 101, 102, and 103(b)(1) and funds appropriated for research operations support under section 103(b)(3) may, at any location in support of the purposes for which such funds are appropriated, be used for— (1) the construction of new facilities; and (2) additions to, repair of, rehabilitation of, or modification of existing facilities (in existence on the date on which such funds are made available by appropriation). (b) LIMITATION.— (1) IN GENERAL. — Until the date specified in paragraph (2), no funds may be expended pursuant to subsection (a) for a project, with respect to which the estimated cost to the National Aeronautics and Space Administration, including collateral equipment, exceeds $1,000,000. (2) DATE.— The date specified in this paragraph is the date that is 30 days after the Administrator notifies the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science of the House of Representatives of the nature, location, and estimated cost to the National Aeronautics and Space Administration of the project referred to in paragraph (1). (c) TITLE TO FACILITIES. — (1) IN GENERAL.—I f funds are used pursuant to subsection (a) for grants for the purchase or construction of additional research facilities to institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, title to these facilities shall be vested in the United States. (2) EXCEPTION.—I f the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title to a facility referred to in paragraph (1) in an institution or organization referred to in that paragraph, the title to that facility shall vest in that institution or organization. (3) CONDITION.—Each grant referred to in paragraph (1) shall be made under such conditions as the Administrator determines to be necessary to ensure that the United States will receive benefits from the grant that are adequate to justify the making of the grant. SEC. 122. AVAILABILITY OF APPROPRIATED AMOUNTS. TO the extent provided in appropriations Acts, appropriations authorized under subtitle A may remain available without fiscal year limitation. SEC. 123. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES. (a) IN GENERAL. —Appropriations authorized for construction of facilities under section 103(b)(2)— (1) may be varied upward by 10 percent in the discretion of the Administrator; or
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