ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE-DUTY END STRENGTHS FOR FISCAL YEARS 2011 AND 2012.

SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE-DUTY END STRENGTHS FOR FISCAL YEARS 2011 AND 2012.(a) Authority to Increase Army Active-duty End Strengths.—(1) Authority.—For each of fiscal years 2011 and 2012, the Secretary of Defense may, as the Secretary determines necessary for the purposes specified in paragraph (2), 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 2010 baseline plus 30,000.(2) Purpose of increases.—The purposes for which increases may be made in Army active-duty end strengths under paragraph (1) are—(A) to support operational missions; and(B) to achieve reorganizational objectives, including increased unit manning, force stabilization and shaping, and supporting wounded warriors.(3) Fiscal-year 2010 baseline.—In this subsection, the term “fiscal-year 2010 baseline”, means the active-duty end strength authorized for the Army in section 401(1).(4) Active-duty end strength.—In this subsection, the term “active-duty end strength” means the strength for active-duty personnel of one 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 123 STAT. 2266 vary authorized end strengths that is provided in subsections (e) and (f) of section 115 of title 10, United States Code.(d) Budget Treatment.—If the Secretary of Defense determines under subsection (a) that an increase in the Army active-duty end strength for a fiscal year is necessary, then the budget for the Department of Defense for that fiscal year as submitted to the President shall include the amounts necessary for funding that active-duty end strength in excess of the fiscal year 2010 active-duty end strength authorized for the Army under section 401(1).