ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND MARINE CORPS ACTIVE DUTY END STRENGTHS FOR FISCAL YEARS 2009 AND 2010.

SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND MARINE CORPS ACTIVE DUTY END STRENGTHS FOR FISCAL YEARS 2009 AND 2010.(a) Authority to Increase Army Active Duty End Strengths.—For each of fiscal years 2009 and 2010, the Secretary of Defense may, as the Secretary determines necessary for the purposes described in subsection (c), establish the active-duty end strength for the Army at a number greater than the number otherwise authorized by law up to the number equal to the fiscal-year 2008 baseline plus 22,000.122 STAT. 87(b) Marine Corps.—For each of fiscal years 2009 and 2010, the Secretary of Defense may, as the Secretary determines necessary for the purposes described in subsection (c), establish the active-duty end strength for the Marine Corps at a number greater than the number otherwise authorized by law up to the number equal to the fiscal-year 2008 baseline plus 13,000.(c) Purpose of Increases.—The purposes for which increases may be made in Army and Marine Corps active duty end strengths under this section are—(1) to support operational missions; and(2) to achieve transformational reorganization objectives, 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) Relationship to Presidential Waiver Authority.—Nothing in this section shall be construed to limit the President’s authority under section 123a of title 10, United States Code, to waive any statutory end strength in a time of war or national emergency.(e) Relationship to Other Variance 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 115 of title 10, United States Code.(f) Budget Treatment.—(1) Fiscal years 2009 and 2010 budgets.—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 691 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 excess of the fiscal year 2008 active duty end strength authorized for that service under section 401.(g) Definitions.—In this section:(1) Fiscal-year 2008 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 Temporarily Increase Army and Marine Corps Active Duty End Strengths.—Section 403 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 115 note), as amended by section 403 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2169), is repealed.122 STAT. 88