Page:United States Statutes at Large Volume 103 Part 2.djvu/662

 103 STAT. 1672 PUBLIC LAW 101-189—NOV. 29, 1989 ment for any warhead for the design or development of a new warhead for the Follow-on To Lance (FOTL) missile. (2) Funds referred to in paragraph (1) may be obligated for ad- vanced development for a warhead for the FOTL missile only if the Secretary of Energy certifies to the Committees on Armed Services of the Senate and House of Representatives that— (A) such warhead is a cost effective use of the W84 warhead, the W85 warhead, or both the W84 and W85 warheads, as the case may be; or (B) neither the W84 or W85 warhead is compatible with the FOTL missile. (3) Any certification submitted pursuant to paragraph (2) shall be accompanied by a detailed explanation of the reasons for such certification. (4) For purposes of this paragraph, the term "advance develop- ment" with respect to the FOTL missile means work under phase 1 or work under phase 2, other than design work under phase 2A. PART B—RECURRING GENERAL PROVISIONS SEC. 3121. REPROGRAMMING (a) NOTICE TO CONGRESS.—(1) Except as otherwise provided in this title— (A) no amount appropriated pursuant to this title may be used for any program in excess of the lesser of— (i) 105 percent of the amount authorized for that program by this title; or (ii) $10,000,000 more than the amount authorized for that program by this title; and (B) no amount appropriated pursuant to this title may be used for any program which has not been presented to, or requested of, the Congress. (2) An action described in paragraph (1) may be taken after a period of 30 calendar days (not including any day on which either House of Congpress is not in session because of adjournment of more than three calendar days to a day certain) has passed after receipt by the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives of notice from the Secretary of Energy containing a full and complete state- ment of the action proposed to be taken and the facts and cir- cumstances relied upon in support of such proposed action. 0>) LIMITATION ON AMOUNT OBLIGATED. —In no event may the total amount of funds obligated pursuant to this title exceed the total amount authorized to be appropriated by this title. SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS '^ (a) IN GENERAL.— The Secretary may carry out any construction project under the general plant projects provisions authorized by this title if the total estimated cost of the construction project does not exceed $1,200,000. 0)) REPORT TO CONGRESS. —If at any time during the construction of any general plant project authorized by this title, the estimated cost of the project is revised because of unforeseen cost variations and the revised cost of the project exceeds $1,200,000, the Secretary shall immediately furnish a complete report to the Committees on Armed Services and the Committees on Appropriations of the

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