12 2 STA T .87PUBLIC LA W 11 0– 181 —J A N .28 , 2008 (b)MARINECO R PS.—Foreach o f f is ca ly ears 20 0 9 a nd 20 1 0 ,t he S ecretary of D efense m ay, as the Secretary determines nec - essary for the pu rposes described in subsection (c), establish the acti v e-duty end stren g th for the Marine Corps at a number greater than the number other w ise authori z ed by law up to the number e q ual to the fiscal-year 200 8 baseline plus 1 3 ,000. (c) PU RPOSE O FI N C REASES.— T he purposes for which increases may be made in A rmy and Marine Corps active duty end strengths under this section are— (1) to support operational missions
and (2) to achieve transformational reorganization ob j ectives, including objectives for increased numbers of combat brigades and battalions, increased unit manning, force stabilization and shaping, and rebalancing of the active and reserve component forces. (d) R E L A T IONS H IP TO PRESI D ENTIAL W AI V ER AUTHORIT Y .— N othing in this section shall be construed to limit the President ’ s authority under section 123a of title 10, U nited States Code, to waive any statutory end strength in a time of war or national emergency. (e) RELATIONSHIP TO O THER V ARIANCE AUTHORITY.—The authority under this section is in addition to the authority to vary authorized end strengths that is provided in subsections (e) and (f) of section 11 5 of title 10, United States Code. (f) B UD G ET TREAT M ENT.— (1) FISCAL YEARS 20 0 9 AND 20 1 0 B UDGETS.—The budget for the Department of Defense for fiscal years 2009 and 2010 as submitted to Congress shall comply, with respect to funding, with subsections (c) and (d) of section 6 91 of title 10, United States Code. (2) OTHER INCREASES.—If the Secretary of Defense plans to increase the Army or Marine Corps active duty end strength for a fiscal year under this section, then the budget for the Department of Defense for that fiscal year as submitted to Congress shall include the amounts necessary for funding that active duty end strength in e x cess of the fiscal year 2008 active duty end strength authorized for that service under section 4 01. (g) DEFINITIONS.—In this section
(1) FISCAL-YEAR 200 8 BASELINE.—The term ‘ ‘fiscal-year 2008 baseline’’, with respect to the Army and Marine Corps, means the active-duty end strength authorized for those services in section 401. (2) ACTIVE-DUTY END STRENGTH.—In this subsection, the term ‘‘active-duty end strength’’ means the strength for active- duty personnel of one of the Armed Forces as of the last day of a fiscal year. (h) REPEAL OF OTHER DISCRETIONARY AUTHORITY TO TEMPO- RARILY INCREASE ARMY AND MARINE CORPS ACTIVE DUTY E ND STRENGTHS.—Section 403 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Y ear 2005 (Public L aw 108 – 3 7 5; 10 U.S.C. 115 note), as amended by section 403 of the J ohn Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2169), is repealed.
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