Page:United States Statutes at Large Volume 104 Part 2.djvu/1005

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PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-597 "(C) Upon disposition of the joint resolution received from the House, it shall no longer be in order to consider the resolution originated in the Senate. " (8) SENATE ACTION ON HOUSE RESOLUTION. —I f the Senate receives from the House of Representatives a joint resolution introduced under subsection (a) after the Senate has disposed of a Senate originated resolution which is identical to the House passed joint resolution, the action of the Senate with regard to the disposition of the Senate originated joint resolution shall be deemed to be the action of the Senate with regard to the House originated joint resolution. If it is not identical to the House passed joint resolution, then the Senate shall be considered to have passed the joint resolution of the House as amended by the text of the Senate joint resolution.". (g) Such Act is amended by inserting after section 258A the following: "SEC. 258B. FLEXIBILITY AMONG DEFENSE PROGRAMS, PROJECTS, AND 2 USC 907c. ACTIVITIES. "(a) Subject to subsections (b), (c), and (d), new budget authority and unobligated balances for any programs, projects, or activities within major functional category 050 (other than a military personnel account) may be further reduced beyond the amount specified in an order issued by the President under section 254 for such fiscal year. To the extent such additional reductions are made and result in additional outlay reductions, the President may provide for lesser reductions in new budget authority and unobligated balances for other programs, projects, or activities within major functional category 050 for such fiscal year, but only to the extent that the resulting outlay increases do not exceed the additional outlay reductions, and no such program, project, or activity may be increased above the level actually made available by law in appropriation Acts (before taking sequestration into account). In making calculations under this subsection, the President shall use account outlay rates that are identical to those used in the report by the Director of OMB under section 254. "(b) No actions taken by the President under subsection (a) for a fiscal year may result in a domestic base closure or realignment that would otherwise be subject to section 2687 of title 10, United States Code. "(c) The President may not exercise the authority provided by this paragraph for a fiscal year unless— "(1) the President submits a single report to Congress specify- ing, for each account, the detailed changes proposed to be made for such fiscal year pursuant to this section; "(2) that report is submitted within 5 calendar days of the start of the next session of Congress; and "(3) a joint resolution affirming or modifying the changes proposed by the President pursuant to this paragraph becomes law. "(d) Within 5 calendar days of session after the President submits a report to Congress under subsection (c)(1) for a fiscal year, the majority leader of each House of Congress shall (by request) introduce a joint resolution which contains provisions affirming the changes proposed by the President pursuant to this paragraph. "(e)(1) The matter after the resolving clause in any joint resolution introduced pursuant to subsection (d) shall be as follows: 'That the