Page:United States Statutes at Large Volume 115 Part 2.djvu/92

 115 STAT. 1076 PUBLIC LAW 107-107—DEC. 28, 2001 Notice. first column of the table in subsection (a), the corresponding authorized strengths for each of the grades shown in that table for that component are determined by mathematical interpolation between the respective numbers of the two strengths. If the total number of members of a reserve component serving on full-time reserve component duty is more or less than the highest or lowest number, respectively, set forth in the first column of the table in subsection (a), the Secretary concerned shall fix the corresponding strengths for the grades shown in the table at the same proportion as is reflected in the nearest limit shown in the table. "(c) REALLOCATIONS TO LOWER GRADE.—Whenever the number of members serving in pay grade E-9 for duty described in subsection (a) is less than the number authorized for that grade under this section, the difference between the two numbers may be applied to increase the number authorized under this section for pay grade E-8. "(d) SECRETARIAL WAIVER.—(1) Upon determining that it is in the national interest to do so, the Secretary of Defense may increase for a particular fiscal year the number of reserve enlisted members that may be on active duty or full-time National Guard duty as described in subsection (a) for a reserve component in a pay grade referred to in a table in subsection (a) by a number that does not exceed the number equal to 5 percent of the maximum number specified for that grade and reserve component in the table. "(2) Whenever the Secretary exercises the authority provided in paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives notice in writing of the adjustment made. "(e) FULL-TIME RESERVE COMPONENT DUTY DEFINED. —In this section, the term 'full-time reserve component duty* has the meaning given the term in section 12011(e) of this title.". Subtitle C—Other Matters Relating to Personnel Strengths SEC. 421. ADMINISTRATION OF END STRENGTHS. (a) INCREASE IN PERCENTAGE BY WHICH ACTIVE COMPONENT END STRENGTHS MAY BE INCREASED. —Section 115(c)(1) of title 10, United States Code, is amended by striking "1 percent" and inserting "2 percent". (b) WAIVER OF END STRENGTHS DURING NATIONAL EMER- GENCY.— The text of section 123a of such title is amended to read as follows: "(a) DURING WAR OR NATIONAL EMERGENCY. —If at the end of any fiscal year there is in effect a war or national emergency, the President may waive any statutory end strength with respect to that fiscal year. Any such waiver may be issued only for a statutory end strength that is prescribed by law before the waiver is issued. " (b) UPON TERMINATION OF WAR OR NATIONAL EMERGENCY.— Upon the termination of a war or national emergency with respect to which the President has exercised the authority provided by subsection (a), the President may defer the effectiveness of any statutory end strength with respect to the fiscal year during which

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