. PUBLIC LAW 101-189—NOV. 29, 1989 103 STAT. 1673 Senate and House of Representatives explaining the reasons for the cost variation. SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS (a) IN GENERAL.— (1) Except as provided in paragraph (2), construc- tion on a construction project may not be started or additional obligations incurred in connection with the project above the total estimated cost, whenever the current estimated cost of the construc- tion project, which is authorized by section 3102 of this title, or which is in support of national security programs of the Department of Energy and was authorized by any previous Act, exceeds by more than 25 percent the higher of— (A) the amount authorized for the project; or (B) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to 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 Congress 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. Ob) EXCEPTION. —Subsection (a) shall not apply to any construction project which has a current estimated cost of less thsm $5,000,000. SEC. 3124. FUND TRANSFER AUTHORITY (a) IN GENERAL.— Funds appropriated pursuant to this title may be transferred to other agencies of the Government for the perform- ance of the work for which the funds were appropriated, and funds so transferred may be merged with the appropriations of the agency to which the funds are transferred. (b) SPECIFIC TRANSFER. —The Secretary of Defense may transfer to the Secretary of Energy not more than $100,000,000 of the funds appropriated for fiscal year 1990 to the Department of Defense for research, development, test, and evaluation for the Defense Agen- cies for the performance of work on the Strategic Defense Initiative. Funds so transferred— (1) may be used only for research, development, and testing for nuclear directed energy weapons, including plant and cap- ital equipment related thereto; (2) shall be merged with the appropriations of the Department of Energy; and (3) may not be included in calculating the amount of funds obligated or expended for purposes of the funding limitation in section 3103(a). SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN (a) IN GENERAL. — (1) Within the amounts authorized by this title for plant engineering and design, the Secretary of Energy may carry out advance planning and construction designs (including architec- tural and engineering services) in connection with any proposed construction project if the total estimated cost for such planning and design does not exceed $2,000,000.
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