Pub. L. 102-484, div. A, tit. IV, subtit. A, sec. 402
WAIVER AND TRANSFER AUTHORITY.
SEC. 402. WAIVER AND TRANSFER AUTHORITY. (a) Waiver Authority.—The Secretary of Defense may waive an end strength prescribed in section 401 for any of the Armed Forces to the extent that the Secretary considers the waiver necessary to prevent personnel imbalances that would impair the long term combat readiness of that armed force. (b) Transfer Authority.—(1) Upon determination by the Secretary of Defense that such action is necessary in order to prevent involuntary separations from the Armed Forces that would otherwise be necessary solely for the purpose of reducing the size of the Armed Forces below the authorized end strengths prescribed in section 401, the Secretary may transfer amounts appropriated to the Department of Defense pursuant to authorizations of appro-106 STAT. 2398priations in this division for fiscal year 1993. Amounts so transferred shall be merged with and be available for the same purposes as the appropriations to which transferred. (2) A transfer made from one appropriation account to another under the authority of this section shall be deemed to increase the amount authorized for the appropriation account to which transferred by the amount transferred. (3) The Secretary of Defense shall promptly notify Congress of transfers made under the authority of this subsection.