Page:United States Statutes at Large Volume 104 Part 3.djvu/358

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104 STAT. 1710 PUBLIC LAW 101-510—NOV. 5, 1990 shall be merged with and be available for the same purposes and for the same time period as the fund or appropriations to which transferred. " (b) LIMITATIONS ON PROGRAMS FOR WHICH AUTHORITY MAY BE USED.—Such authority to transfer amounts— "(1) may not be used except to provide funds for a higher priority item, based on unforeseen military requirements, than the items for which the funds were originally appropriated; and "(2) may not be used if the item to which the funds would be transferred is an item for which Congress has denied funds. "(c) NOTICE TO CONGRESS. — The Secretary of Defense shall promptly notify the Congress of each transfer made under such authority to transfer amounts. "(d) LIMITATIONS ON REQUESTS TO CONGRESS FOR REPROGRAMMINGS.— Neither the Secretary of Defense nor the Secretary of a military department may prepare or present to the Congress, or to any committee of either House of the Congress, a request with respect to a reprogramming of funds— "(1) unless the funds to be transferred are to be used for a higher priority item, based on unforeseen military requirements, than the item for which the funds were originally appropriated; or "(2) if the request would be for authority to reprogram amounts to an item for which the Congress has denied funds.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2212 the following new item: "2214. Transfer of funds: procedure and limitations.". 10 USC 119 note. (d) EFFECTIVE DATE.— The amendments made by this section shall take effect on October 1, 1991. SEC. 1483. RESTATEMENT OF LAW RELATING TO ANNUAL PERSONNEL STRENGTH AUTHORIZATIONS, ANNUAL MANPOWER REQUIREMENTS REPORTS, AND ANNUAL NATIONAL GUARD AND RESERVE COMPONENT PROCUREMENT REPORT (a) RESTATEMENT OF CURRENT LAW. —Chapter 2 of title 10, United States Code, is amended by striking out section 115 and inserting in lieu thereof the following: "§ 115. Personnel strengths: requirement for annual authorization "(a) Congress shall authorize personnel strength levels for each fiscal year for each of the following: "(1) The end strength for each of the armed forces (other than the Coast Guard) for (A) active-duty personnel who are to be paid from funds appropriated for active-duty personnel, and (B) active-duty personnel and full-time National Guard duty personnel who are to be paid from funds appropriated for reserve personnel. "(2) The end strength for the Selected Reserve of each reserve component of the armed forces. "(3) The average military training student loads for each of the armed forces (other than the Coast Guard). "(4) The end strength for civilian personnel for each component of the Department of Defense. "(b) No funds may be appropriated for any fiscal year to or for—