LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS UNDER FACILITIES AND INFRASTRUCTURE RECAPITALIZATION PROGRAM AFTER PROJECT SELECTION DEADLINE.

SEC. 3113. LIMITED AUTHORITY TO CARRY OUT NEW PROJECTS UNDER FACILITIES AND INFRASTRUCTURE RECAPITALIZATION PROGRAM AFTER PROJECT SELECTION DEADLINE.(a) Limited Authority To Carry Out New Projects.—Section 3114(a) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1744; 50 U.S.C. 2453 note) is amended—(1) in the subsection caption, by striking “Deadline for”;(2) in paragraph (2), by striking “No project” and inserting “Except as provided in paragraph (3), no project”; and(3) by adding at the end the following new paragraph:“(3)(A) Subject to the provisions of this paragraph, a project described in subparagraph (B) may be carried out under the Facilities and Infrastructure Recapitalization Program after December 31, 2004, if the Administrator approves the project. The Administrator may not delegate the authority to approve projects under the preceding sentence.118 STAT. 2161“(B) A project described in this subparagraph is a project that consists of a specific building, facility, or other improvement (including fences, roads, or similar improvements).“(C) Funds may not be obligated or expended for a project under this paragraph until 60 days after the date on which the Administrator submits to the congressional defense committees a notice on the project, including a description of the project and the nature of the project, a statement explaining why the project was not included in the Facilities and Infrastructure Recapitalization Program under paragraph (1), and a statement explaining why the project was not included in any other program under the jurisdiction of the Administrator.“(D) The total number of projects that may be carried out under this paragraph in any fiscal year may not exceed five projects.“(E) The Administrator may not utilize the authority in this paragraph until 60 days after the later of—“(i) the date of the submittal to the congressional defense committees of a list of the projects selected for inclusion in the Facilities and Infrastructure Recapitalization Program under paragraph (1); or“(ii) the date of the submittal to the congressional defense committees of the report required by subsection (c).“(F) A project may not be carried out under this paragraph unless the project will be completed by September 30, 2011.”.(b) Construction of Authority.—The amendments made by subsection (a) may not be construed to authorize any delay in either of the following:(1) The selection of projects for inclusion in the Facilities and Infrastructure Recapitalization Program under subsection (a) of section 3114 of the National Defense Authorization Act for Fiscal Year 2004.(2) The submittal of the report required by subsection (c) of such section.