118 STAT. 1867 PUBLIC LAW 108–375—OCT. 28, 2004 (b) LIMITATION ON APPROPRIATIONS.—Subsection (c) of such sec tion (as redesignated by subsection (a)(3)) is amended— (1) by striking ‘‘or’’ at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ‘‘; or’’; and (3) by inserting after paragraph (2) the following new para graph: ‘‘(3) the use of reserve component personnel to perform active duty or full time National Guard duty under subsection (b) unless the strength for such personnel for that reserve component for that fiscal year has been authorized by law.’’. (c) AUTHORITY FOR SECRETARY OF DEFENSE VARIANCES IN MAX IMUM STRENGTHS.—Subsection (f) of such section (as redesignated by subsection (a)(3)) is amended— (1) by striking ‘‘END’’ in the heading; (2) by striking ‘‘and’’ at the end of paragraph (2); (3) by striking the period at the end of paragraph (3) and inserting ‘‘; and’’; and (4) by adding at the end the following new paragraph: ‘‘(4) increase the maximum strength authorized pursuant to subsection (b)(1) for a fiscal year for certain reserves on active duty for any of the reserve components by a number equal to not more than 10 percent of that strength.’’. (d) CONFORMING AMENDMENTS TO SECTION 115.—Such section is further amended as follows: (1) Subsection (e) (as redesignated by subsection (a)(3)) is amended— (A) in paragraph (1), by striking ‘‘subsection (a) or (c)’’ and inserting ‘‘subsection (a) or (d)’’; and (B) in paragraph (2)— (i) by striking ‘‘subsections (a) and (c)’’; and inserting ‘‘subsections (a) and (d)’’; and (ii) by striking ‘‘pursuant to subsection (e)) and subsection (c)’’ and inserting ‘‘pursuant to subsection (f)) and subsection (d)’’ each place it appears. (2) Subsection (g) (as redesignated by subsection (a)(3)) is amended by striking ‘‘subsection (e)(1)’’ in paragraph (2) and inserting ‘‘subsection (f)(1)’’. (3) Subsection (i) (as redesignated by subsection (a)(3)) is amended to read as follows: ‘‘(i) CERTAIN PERSONNEL EXCLUDED FROM COUNTING FOR ACTIVE DUTY END STRENGTHS.—In counting personnel for the pur pose of the end strengths authorized pursuant to subsection (a)(1), persons in the following categories shall be excluded: ‘‘(1) Members of a reserve component ordered to active duty under section 12301(a) of this title. ‘‘(2) Members of a reserve component in an active status ordered to active duty under section 12301(b) of this title. ‘‘(3) Members of the Ready Reserve ordered to active duty under section 12302 of this title. ‘‘(4) Members of the Selected Reserve of the Ready Reserve or members of the Individual Ready Reserve mobilization cat egory described in section 10144(b) of this title ordered to active duty under section 12304 of this title. ‘‘(5) Members of the National Guard called into Federal service under section 12406 of this title.
�
