Pub. L. 101-189, div. A, tit. II, pt. D, sec. 231
FUNDING AND LIMITATIONS FOR ICBM MODERNIZATION PRO-GRAM
SEC. 231. FUNDING AND LIMITATIONS FOR ICBM MODERNIZATION PRO-GRAM (a) Overall Obligational Limitation.—Of the amounts appropriated for the Department of Defense for fiscal year 1990 pursuant to this Act, not more than $1,131,700,000 may be obligated for the activities described in subsection (b) for the intercontinental ballistic missile (ICBM) modernization program. (b) Covered ICBM Modernization Activities.—The activities referred to in subsection (a) are the following: (1) Research, development, test, and evaluation in connection with the MX Rail Garrison program and the Small ICBM program. (2) Advance procurement of long-lead items for the MX Rail Garrison program. (3) Advance procurement of initial spare parts for the MX Rail Garrison program. (4) Procurement of operational Mark 21 reentry systems. (5) Military construction at F. E. Warren Air Force Base, Wyoming, in connection with the MX Rail Garrison program. (c) Maximum Amounts That May Be Obligated for Modernization Activities.—The maximum amount that may be obligated for each activity described in subsection (b) from amounts appropriated for the Department of Defense for fiscal year 1990 pursuant to this Act is as follows: (1) For the activity described in subsection (b)(1), a total of $874,244,000. (2) For the activity described in subsection (b)(2), $163,607,000. (3) For the activity described in subsection (b)(3), $58,999,000. (4) For the activity described in subsection (b)(4), $80,000,000. (5) For the activity described in subsection (b)(5), $104,850,000. (d) Transfer Authority; Limitation.—(1) The Secretary of Defense may transfer funds made available for fiscal year 1990 for any activity referred to in subsection (b) to any other activity referred to in that subsection, except that in no case may the total amount obligated from fiscal year 1990 defense funds for that activity exceed the amount specified for that activity in subsection (c). 103 STAT. 1401 (2) An amount transferred pursuant to this subsection may be used only in connection with the activity to which transferred and shall be merged with other funds made available for that activity for fiscal year 1990. (3) An amount transferred pursuant to this subsection shall not be counted against the maximum amount authorized to be transferred pursuant to this Act under section 1601(a). (e) Use of Unobligated FY 1989 Funds.—The Secretary of the Air Force shall use $100,000,000 of amounts appropriated for research, development, test, and evaluation for the Air Force for fiscal year 1989 that remain available for obligation to carry out research, development, test, and evaluation in connection with the Small ICBM program. (f) Report to Congress.—Not later than 10 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report specifying the amounts allocated to each activity referred to in subsection (b) and an explanation of any transfer of funds made pursuant to subsection (d). In the case of any such transfer of funds, the report shall include an identification of the activity or activities from which the funds are transferred and the activity or activities to which the funds are transferred.