National Defense Authorization Act for Fiscal Year 2010/Division A/Title IV/Subtitle A

SUBTITLE A — ACTIVE FORCES

Sec. 401. End strength for active forces.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2010, as follows:

(1) The Army, 562,400.

(2) The Navy, 328,800.

(3) The Marine Corps, 202,100.

(4) The Air Force, 331,700.

Sec. 402. Revision in permanent active duty end strength minimum levels.

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, 547,400.

"(2) For the Navy, 328,800.

"(3) For the Marine Corps, 202,100.

"(4) For the Air Force, 331,700.".

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 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.—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).