12 2 STA T .4 4 30PUBLIC LA W 110 – 41 7—O CT. 14 , 200 8(5)TheAirNat i on a lGu ar d o f the U nited S tate s,16 , 0 00 . (6) The Air F or c e R eser v e,1 4 ,000. SEC.416 . AD D IT I ON A LW AI V E R A U T H ORIT Y O F LI M ITATION ON NUM B ER OF RESERVE COM P ONENT MEMBERS AUTHOR - I Z ED TO BE ON ACTIVE DUTY. (a) A D D IT I ONALW AI VER A U T H ORIT Y . — Su b section (a) of section 1 23 a of title 10, United States C ode, is a m ended— (1) b y insertin g‘ ‘(1) ’ ’ before ‘‘ I f at the end’’
and (2) by adding at the end the follo w ing new p aragraph
‘‘(2) When a designation of a ma j or disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford D isaster Relief and E mergency Assistance Act (42 U.S.C. 5122)) is in effect, the P resident 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 authori z ed 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) TER M INATION O F WAIVER.—Subsection (b) of such section is amended— (1) by stri k ing 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 9 0 days after the date on which the designation of the major disaster or emergency that was the basis for the waiver e x pires.’’. (c) CLERI C AL AMENDMENT S .— (1) SECTION HEADIN G .—The heading of such section is amended to read as follows: ‘ ‘ §123a.Suspen s io no f en d- s tr en g t h and other strength l i m itations in time of w ar or national emergen cy’ ’. (2) TA B LE OF SECTIONS.—The table of sections at the begin - ning of chapter 3 of such title is amended by striking the item relating to section 123a and inserting the following new item: ‘ ‘ 123a.Suspen s io no f en d- s tr en g t h and other strength l i m itations in time of w ar or national emergen cy . ’ ’. Subti t leC—A ut hor i za tio n o f A p propriation s SEC. 4 2 1. MILITARY PERSONNEL. There is hereby authorized to be appropriated to the Depart- ment of Defense for military personnel for fiscal year 2009 a total of $ 124, 7 91,336,000. The authorization in the preceding sentence supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2009. Terminat i o n d ate .
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