PUBLIC LAW 108–136—NOV. 24, 2003
117 STAT. 1451
(1) by redesignating subsections (c), (e), and (g) as subsections (e), (g), and (c), respectively, and by transferring— (A) subsection (e), as so redesignated, so as to appear after subsection (d); (B) subsection (g), as so redesignated, so as to appear after subsection (f); and (C) subsection (c), as so redesignated, so as to appear after subsection (b); (2) by transferring subsection (d) to the end of such section and redesignating that subsection as subsection (h); and (3) by inserting after subsection (c), as redesignated and transferred by paragraph (1), the following new subsection (d): ‘‘(d) END-OF-QUARTER STRENGTH LEVELS.—(1) The Secretary of Defense shall prescribe and include in the budget justification documents submitted to Congress in support of the President’s budget for the Department of Defense for any fiscal year the Secretary’s proposed end-of-quarter strengths for each of the first three quarters of the fiscal year for which the budget is submitted, in addition to the Secretary’s proposed fiscal-year end-strengths for that fiscal year. Such end-of-quarter strengths shall be submitted for each category of personnel for which end strengths are required to be authorized by law under subsection (a) or (c). The Secretary shall ensure that resources are provided in the budget at a level sufficient to support the end-of-quarter and fiscal-year endstrengths as submitted. ‘‘(2)(A) After annual end-strength levels required by subsections (a) and (c) are authorized by law for a fiscal year, the Secretary of Defense shall promptly prescribe end-of-quarter strength levels for the first three quarters of that fiscal year applicable to each such end-strength level. Such end-of-quarter strength levels shall be established for any fiscal year as levels to be achieved in meeting each of those annual end-strength levels authorized by law in accordance with subsection (a) (as such levels may be adjusted pursuant to subsection (e)) and subsection (c). ‘‘(B) At least annually, the Secretary of Defense shall establish for each of the armed forces (other than the Coast Guard) the maximum permissible variance of actual strength for an armed force at the end of any given quarter from the end-of-quarter strength established pursuant to subparagraph (A). Such variance shall be such that it promotes the maintaining of the strength necessary to achieve the end-strength levels authorized in accordance with subsection (a) (as adjusted pursuant to subsection (e)) and subsection (c). ‘‘(3) Whenever the Secretary establishes an end-of-quarter strength level under subparagraph (A) of paragraph (2), or modifies a strength level under the authority provided in subparagraph (B) of paragraph (2), the Secretary shall notify the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of that strength level or of that modification, as the case may be.’’. (b) CONFORMING AND STYLISTIC AMENDMENTS.—Such section is further amended— (1) in subsection (a), by inserting ‘‘ACTIVE-DUTY AND SELECTED RESERVE END STRENGTHS TO BE AUTHORIZED BY LAW.—’’ after ‘‘(a)’’; (2) in subsection (b), by inserting ‘‘LIMITATION ON APPROPRIATIONS FOR MILITARY PERSONNEL.—’’ after ‘‘(b)’’;
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