103 STAT. 1596 PUBLIC LAW 101-189—NOV. 29, 1989 TITLE XVI—GENERAL PROVISIONS PART A—FINANCIAL AND BUDGET MATTERS - ., SEC. 1601. TRANSFER AUTHORITY (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon deter- mination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 1990 between any such authorizations (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) The total amount of authorizations that the Secretary of Defense may transfer under the authority of this section may not exceed $3,000,000,000. (b) LIMITATIONS.—The authority provided by this section to trans- fer authorizations— (1) may only be used to provide authority for items that have , a higher priority than the items from which authority is trans- ,, ., ferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) EFFECT ON OBLIGATION LIMITATIONS.— A transfer made under the authority of this section increases by the amount of the transfer the obligation limitation provided in this division on the account (or other amount) to which the transfer is made. (d) NOTICE TO (DONGRESS. —The Secretary of Defense shall promptly notify Congress of transfers made under the authority of this section. SEC. 1602. RESTATEMENT AND CLARIFICATION OF REQUIREMENT FOR CONSISTENCY IN THE BUDGET PRESENTATIONS OF THE DEPARTMENT OF DEFENSE (a) RESTATEMENT AND CLARIFICATION.— (1) Chapter 2 of title 10, United States (Dode, is amended by inserting after section 114 the following new section: "§ 114a. Five-Year Defense Program: submission to Congress; consistency in budgeting "(a) The Secretary of Defense shall submit to Congress each year, at or about the time that the President's budget is submitted to Congress that year under section 1105(a) of title 31, the current five- year defense program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. "(b)(1) The Secretary of Defense shall ensure that amounts de- scribed in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year. "(2) Amounts referred to in paragraph (1) are the following: "(A) The amounts specified in program and budget informa- tion submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the < budget submitted to Congress by the President under section " 1105(a) of title 31 for any fiscal year, as shown in the five-year defense program submitted pursuant to subsection (a).
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