116 STAT. 2638 PUBLIC LAW 107-314—DEC. 2, 2002 vessels of the Navy is less than 116, the Secretary of the Navy shall, not later than 90 days after such date, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the size of the force of combatant surface vessels of the Navy. The report shall include a risk assessment for a force of combatant surface vessels in the number as of the date of the enactment of this Act that is based on the same assumptions as were applied in the QDR 2001 combatant surface force risk assessment. (2) The definitions in subsection (c) of section 7296 of title 10, United States Code, as added by subsection (b), apply to this subsection. (b) NUMBER OF COMBATANT SURFACE VESSELS. —(1) Chapter 633 of title 10, United States Code, is amended by inserting after section 7295 the following new section: "§7296. Combatant surface vessels: notice before reduction in number; preservation of surge capability "(a) NOTICE-AND-WAIT BEFORE REDUCTIONS.— (1) A reduction described in paragraph (2) in the number of combatant surface vessels may only be carried out after— "(A) the Secretary of the Navy submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notification of the proposed reduction; and "(B) a period of 90 days has expired after the date on which such notification is received. "(2) A reduction described in this paragraph in the number of combatant surface vessels is a reduction— "(A) from 116, or a number greater than 116, to a number less than 116; or "(B) from a number less than 116 to a lesser number. "(3) Any notification under paragraph (1)(A) shall include the following: "(A) The schedule for the proposed reduction. "(B) The number of vessels that are to comprise the force of combatant surface vessels after the reduction. "(C) A risk assessment for a force of combatant surface vessels of the number specified under subparagraph (B) that is based on the same assumptions as were applied in the QDR 2001 combatant surface force risk assessment. " (b) PRESERVATION OF SURGE CAPABILITY.—Whenever the number of combatant surface vessels is less than 116, the Secretary of the Navy shall maintain on the Naval Vessel Register a sufficient number of combatant surface vessels to enable the Navy to regain a force of combatant surface vessels numbering not less than 116 within 120 days after the date of any decision by the President to increase the number of combatant surface vessels. "(c) DEFINITIONS. —In this section: "(1) The term 'combatant surface vessels' means cruisers, destroyers, and frigates that are in active service in the Navy or in active reserve service in the Navy. "(2) The term 'QDR 2001 combatant surface force risk assessment' means the risk assessment associated with a force of combatant surface vessels numbering 116 that is set forth in the report on the quadrennial defense review submitted
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