Page:United States Statutes at Large Volume 120.djvu/2201

 120 STAT. 2170

PUBLIC LAW 109–364—OCT. 17, 2006

brigades and battalions, increased unit manning, force stabilization and shaping, and rebalancing of the active and reserve component forces. ‘‘(4) FISCAL-YEAR 2007 BASELINE.—In this subsection, the term ‘fiscal-year 2007 baseline’, with respect to the Army and Marine Corps, means the active-duty end strength authorized for those services in section 401 of the John Warner National Defense Authorization Act for Fiscal Year 2007. ‘‘(5) ACTIVE-DUTY END STRENGTH.—In this subsection, the term ‘active-duty end strength’ means the strength for activeduty personnel of one of the Armed Forces as of the last day of a fiscal year. ‘‘(b) 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. ‘‘(c) RELATIONSHIP TO OTHER VARIANCE AUTHORITY.—The authority under subsection (a) 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. ‘‘(d) BUDGET TREATMENT.— ‘‘(1) FISCAL YEAR 2008 BUDGET.—The budget for the Department of Defense for fiscal year 2008 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 subsection (a), 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 2007 active duty end strength authorized for that service under section 401 of the John Warner National Defense Authorization Act for Fiscal Year 2007.’’.

Subtitle B—Reserve Forces SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) IN GENERAL.—The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2007, as follows: (1) The Army National Guard of the United States, 350,000. (2) The Army Reserve, 200,000. (3) The Navy Reserve, 71,300. (4) The Marine Corps Reserve, 39,600. (5) The Air National Guard of the United States, 107,000. (6) The Air Force Reserve, 74,900. (7) The Coast Guard Reserve, 10,000. (b) ADJUSTMENTS.—The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

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