118 STAT. 2161 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(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 Recapitaliza tion 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. SEC. 3114. MODIFICATION OF MILESTONE AND REPORT REQUIRE MENTS FOR NATIONAL IGNITION FACILITY. (a) NOTIFICATION ON MILESTONES TO ACHIEVE IGNITION.—Sub section (a) of section 3137 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1369) is amended by striking ‘‘each Level I milestone and Level II mile stone for the National Ignition Facility.’’ and inserting the following: ‘‘each milestone for the National Ignition Facility as follows: ‘‘(1) Each Level I milestone. ‘‘(2) Each Level II milestone. ‘‘(3) Each milestone to achieve ignition.’’. (b) REPORT ON FAILURE OF TIMELY ACHIEVEMENT OF MILE STONES.—Subsection (b) of such section is amended by striking ‘‘a Level I milestone or Level II milestone for the National Ignition Facility’’ and inserting ‘‘a milestone for the National Ignition Facility referred to in subsection (a)’’. (c) MILESTONES TO ACHIEVE IGNITION.—Subsection (c) of such section is amended to read as follows: ‘‘(c) MILESTONES.—For purposes of this section: ‘‘(1) The Level I milestones and Level II milestones for the National Ignition Facility are as established in the August 2000 revised National Ignition Facility baseline document. 50 USC 2453 note.
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