Pub. L. 110-417, tit. IV, subtit. B, sec. 416
ADDITIONAL WAIVER AUTHORITY OF LIMITATION ON NUMBER OF RESERVE COMPONENT MEMBERS AUTHORIZED TO BE ON ACTIVE DUTY.
SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION ON NUMBER OF RESERVE COMPONENT MEMBERS AUTHORIZED TO BE ON ACTIVE DUTY.(a) Additional Waiver Authority.—Subsection (a) of section 123a of title 10, United States Code, is amended—(1) by inserting “(1)” before “If at the end”; and(2) by adding at the end the following new paragraph:“(2) When a designation of a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) is in effect, the President may waive any statutory limit that would otherwise apply during the period of the designation on the number of members of a reserve component who are authorized to be on active duty under subparagraph (A) or (B) of section 115(b)(1) of this title, if the President determines the waiver is necessary to provide assistance in responding to the major disaster or emergency.”.(b) Termination of Waiver.—Subsection (b) of such section is amended—(1) by striking the subsection heading and inserting the following: “Termination of Waiver.—(1)”;(2) by striking “subsection (a)” and inserting “subsection (a)(1)”; and(3) by adding at the end the following new paragraph:“(2) A waiver granted under subsection (a)(2) shall terminate not later than 90 days after the date on which the designation of the major disaster or emergency that was the basis for the waiver expires.”.(c) Clerical Amendments.—(1) Section heading.—The heading of such section is amended to read as follows:“§ 123a. Suspension of end-strength and other strength limitations in time of war or national emergency” .(2) Table of sections.—The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 123a and inserting the following new item: “123a. Suspension of end-strength and other strength limitations in time of war or national emergency.”.