To provide authority to increase Army active-duty end strengths for fiscal year 2010 as well as fiscal year 2011 and 2012.

SA 1528. Mr. LIEBERMAN (for himself and Mr. Graham, Mr. Begich, Mr.
Cornyn, Mrs. Hutchison, and Mr. Thune) submitted an amendment intended
to be proposed by him to the bill S. 1390, to authorize appropriations
for fiscal year 2010 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:

Strike section 402 and insert the following:

SEC. 402. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY ACTIVE-
DUTY END STRENGTHS FOR FISCAL YEARS 2010, 2011,
AND 2012.

(a) Authority to Increase army Active-Duty End Strength.--
(1) Authority.--For each of fiscal years 2010, 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 an
increase may be made in the active duty end strength for the
Army under paragraph (1) are the following:
(A) To increase dwell time for members of the Army on
active duty.
(B) To support operational missions.
(C) To achieve reorganizational objectives, including
increased unit manning, force stabilization and shaping, and
supporting wounded warriors.
(b) Relationship to Presidential Waiver Authority.--Nothing
in this section shall be construed to limit the authority of
the President 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 in 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) In general.--If the Secretary of Defense increases
active-duty end strength for the Army for fiscal year 2010
under subsection (a), the Secretary may fund such an increase
through Department of Defense reserve funds or through an
emergency supplemental appropriation.
(2) Fiscal years 2011 and 2012.--(2) If the Secretary of
Defense plans to increase the active-duty end strength for
the Army for fiscal year 2011 or 2012, the budget for the
Department of Defense for such fiscal year as submitted to
Congress shall include the amounts necessary for funding the
active-duty end strength for the Army in excess of the
fiscal-year 2010 baseline.
(e) Definitions.--In this section:
(1) Fiscal-year 2010 baseline.--The term ``fiscal-year 2010
baseline'', with respect to the Army, means the active-duty
end strength authorized for the Army in section 401(1).
(2) Active-duty end strength.--The term ``active-duty end
strength'', with respect to the Army for a fiscal year, means
the strength for active duty personnel of Army as of the last
day of the fiscal year.
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