Page:United States Statutes at Large Volume 104 Part 2.djvu/998

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104 STAT. 1388-590 PUBLIC LAW 101-508 —NOV. 5, 1990 full amount of any required sequestration of the job opportunities and basic skills training program under section 402(a)(19), and part F of title VI, of the Social Security Act, in the manner specified in this subsection. Such an order may not reduce any Federal matching rate pursuant to section 403(1) of the Social Security Act. "(2) NEW ALLOTMENT FORMULA.— "(A) GENERAL RULE. —Notwithstanding section 403(k) of the Social Security Act, each State's percentage share of the amount available after sequestration for direct spending pursuant to section 403(1) of such Act for the fiscal year to which the sequestration applies shall be equal to— "(i) the lesser of— "(I) that percentage of the total amount paid to the States pursuant to such section 403(1) for the prior fiscal year that is represented by the amount paid to such State pursuant to such section 403(1) for the prior fiscal year; or "(II) the amount that would have been allotted to such State pursuant to such section 403(k) had the sequestration not been in effect. "(B) REALLOTMENT OF AMOUNTS REMAINING UNALLOTTED AFTER APPLICATION OF GENERAL RULE.— Any amount made available after sequestration for direct spending pursuant to section 403(1) of the Social Security Aot for the fiscal year to which the sequestration applies that remains unallotted as a result of subparagraph (A) of this paragraph shall be allotted among the States in proportion to the absolute difference between the amount allotted, respectively, to each State as a result of such subparagraph and the amount that would have been allotted to such State pursuant to section 403(k) of such Act had the sequestration not been in effect, except that a State may not be allotted an amount under this subparagraph that results in a total allotment to the State under this paragraph of more than the amount that would have been allotted to such State pursuant to such section 403(k) had the sequestration not been in effect. "(1) EFFECTS OF SEQUESTRATION. —The effects of sequestration shall be as follows: "(1) Budgetary resources sequestered from any account other than a trust or special fund account shall be permanently cancelled. "(2) Except as otherwise provided, the same percentage sequestration shall apply to EQI programs, projects, and activities within a budget account (with programs, projects, and activities as delineated in the appropriation Act or accompany- ing report for the relevant fiscal year covering that account, or for accounts not included in appropriation Acts, as delineated in the most recently submitted President's budget). "(3) Administrative regulations or similar actions implementing a sequestration shall be made within 120 days of the sequestration order. To the extent that formula allocations differ at different levels of budgetary resources within an account, program, project, or activity, the sequestration shall be interpreted as producing a lower total appropriation, with the remaining amount of the appropriation being obligated in a manner consistent with program allocation formulas in substantive law.