Page:United States Statutes at Large Volume 105 Part 1.djvu/107

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PUBLIC LAW 102-25—APR. 6, 1991 105 STAT. 79 SEC. 104. ADMINISTRATION OF TRANSFERS A transfer made under the authority of section 101 or 102 increases by the amount of the transfer the amount authorized for the account to which the transfer is made. SEC. 105. NOTICE TO CONGRESS OF TRANSFERS (a) NOTICE-AND-WAIT. —A transfer may not be made under section . 101 or 102 until the seventh day after the congressional defense committees receive a report with respect to that transfer under subsection (b). (b) CONTENT OF REPORT.—A report under subsection (a) shall include the following: (1) A certification by the Secretary of Defense that the amount or amounts proposed to be transferred will be used only for incremental costs associated with Operation Desert Storm. (2) A statement of each account to which the transfer is proposed to be made and the amount proposed to be transferred to such account. (3) A description of the programs, projects, and activities for which funds proposed to be transferred are proposed to be used. (4) In the case of a transfer from the working capital account established under section 102, an explanation of the reasons why funds are not available in the Defense Cooperation Account for such transfer. SEC. 106. MONTHLY REPORTS ON TRANSFERS Not later than seven days after the end of each month in fiscal years 1991 and 1992, the Secretary of Defense shall submit to the congressional defense committees and the Comptroller General of the United States a detailed report on the cumulative total amount of the transfers made under the authority of this title through the end of that month. TITLE II—WAIVER OF PERSONNEL CEILINGS AFFECTED BY OPERATION DESERT STORM SEC. 201. AUTHORITY TO WAIVE END STRENGTH AND GRADE STRENGTH LAWS (a) FISCAL YEAR 1991 END STRENGTH.— The Secretary of a military 10 USC 115 department may waive any end strength prescribed in section "°**' ^^^ "°^- 401(a), 411, or 412(a) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1485) that applies to any of the armed forces under the jurisdiction of that Secretary. (b) GRADE STRENGTH LIMITATIONS. —The Secretary of a military 10 USC 527 department may suspend, for fiscal year 1991, the operation of any "°^®- provision of section 517, 523, 524, 525, or 526 of title 10, United States Code, with respect to that military department. SEC. 202. CERTIFICATION 10 USC 115 The Secretary of a military department may exercise the author- 527 note. "° ' ity provided in subsection (a) or (b) of section 201 only after the Secretary submits to the congressional defense committees a certification in writing that the exercise of that authority is necessary because of personnel actions associated with Operation Desert Storm.