Duncan Hunter National Defense Authorization Act for Fiscal Year 2009/Division A/Title IV

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== TITLE IV — MILITARY PERSONNEL AUTHORIZATIONS ==

Subtitle A—Active Forces[edit]

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.[edit]

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2009, as follows:
(1) The Army, 532,400.
(2) The Navy, 326,323.
(3) The Marine Corps, 194,000.
(4) The Air Force, 317,050.

SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS.[edit]

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:
``(1) For the Army, 532,400.
``(2) For the Navy, 325,300.
``(3) For the Marine Corps, 194,000.
``(4) For the Air Force, 317,050.´´.

Subtitle B—Reserve Forces[edit]

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.[edit]

(a) In General.—
The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2009, as follows:
(1) The Army National Guard of the United States, 352,600.
(2) The Army Reserve, 205,000.
(3) The Navy Reserve, 66,700.
(4) The Marine Corps Reserve, 39,600.
(5) The Air National Guard of the United States, 106,756.
(6) The Air Force Reserve, 67,400.
(7) The Coast Guard Reserve, 10,000.
(b) End Strength Reductions.—
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
(2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.
(c) End Strength Increases.—
Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.[edit]

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2009, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 32,060.
(2) The Army Reserve, 16,170.
(3) The Navy Reserve, 11,099.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 14,360.
(6) The Air Force Reserve, 2,733.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).[edit]

The minimum number of military technicians (dual status) as of the last day of fiscal year 2009 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:
(1) For the Army Reserve, 8,395.
(2) For the Army National Guard of the United States, 27,210.
(3) For the Air Force Reserve, 10,003.
(4) For the Air National Guard of the United States, 22,452.

SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF NON-DUAL STATUS TECHNICIANS.[edit]

(a) Limitations.—
(1) NATIONAL GUARD.—
Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2009, may not exceed the following:
(A) For the Army National Guard of the United States, 1,600.
(B) For the Air National Guard of the United States, 350.
(2) ARMY RESERVE.—
The number of non-dual status technicians employed by the Army Reserve as of September 30, 2009, may not exceed 595.
(3) AIR FORCE RESERVE.—
The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2009, may not exceed 90.
(b) Non-Dual Status Technicians Defined.—
In this section, the term ``non-dual status technician´´ has the meaning given that term in section 10217(a) of title 10, United States Code.

SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.[edit]

During fiscal year 2009, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.

SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION ON NUMBER OF RESERVE COMPONENT MEMBERS AUTHORIZED TO BE ON ACTIVE DUTY.[edit]

(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:


``Sec. 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.´´.


Subtitle C—Authorization of Appropriations[edit]

SEC. 421. MILITARY PERSONNEL.[edit]

There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2009 a total of $124,791,336,000. The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2009.