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Defense property which was the subject of unauthorized 
disposition any time after January 1, 2002. This section 
shall apply to significant military equipment which was the 
subject of unauthorized disposition at any time. 
‘‘(e) SEVERABILITY CLAUSE.—In the event that any 
portion of this section is held unenforceable, all other por-
tions of this section shall remain in full force and effect. 
‘‘(f) DEFINITION.—In this section, the term ‘signifi-
cant military equipment’ means defense articles on the 
United States Munitions List for which special export con-
trols are warranted because of their capacity for substan-
tial military utility or capability.’’. 
(b) CLERICAL AMENDMENT.—The item relating to 
such section in the table of sections at the beginning of 
chapter 165 of such title is amended to read as follows: 
‘‘2789. Recovery of Department of Defense property: unauthorized or improper 
disposition.’’. 
SEC. 362. AUTHORITY FOR PAYMENT OF FULL REPLACE-
MENT VALUE FOR LOSS OR DAMAGE TO 
HOUSEHOLD GOODS IN LIMITED CASES NOT 
COVERED BY CARRIER LIABILITY. 
(a) CLAIMS AUTHORITY.— 
(1) IN
GENERAL.—Chapter 163 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
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‘‘§ 2740. Property loss: reimbursement of members 
and civilian employees for full replace-
ment value of household effects when 
contractor reimbursement not available 
‘‘The Secretary of Defense and the Secretaries of the 
military departments, in paying a claim under section 
3721 of title 31 arising from loss or damage to household 
goods stored or transported at the expense of the Depart-
ment of Defense, may pay the claim on the basis of full 
replacement value in any of the following cases in which 
reimbursement for the full replacement value for the loss 
or damage is not available directly from a carrier under 
section 2636a of this title: 
‘‘(1) A case in which— 
‘‘(A) the lost or damaged goods were 
stored or transported under a contract, tender, 
or solicitation in accordance with section 2636a 
of this title that requires the transportation 
service provider to settle claims on the basis of 
full replacement value; and 
‘‘(B) the loss or damage occurred under 
circumstances that exclude the transportation 
service provider from liability. 
‘‘(2) A case in which— 
‘‘(A) the loss or damage occurred while the 
lost or damaged goods were in the possession of 
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an ocean carrier that was transporting, loading, 
or unloading the goods under a Department of 
Defense contract for ocean carriage; and 
‘‘(B) the land-based portions of the trans-
portation were under contracts, in accordance 
with section 2636a of this title, that require the 
land carriers to settle claims on the basis of full 
replacement value. 
‘‘(3) A case in which— 
‘‘(A) the lost or damaged goods were 
transported or stored under a contract or solici-
tation that requires at least one of the trans-
portation service providers or carriers that han-
dled the shipment to settle claims on the basis 
of full replacement value pursuant to section 
2636a of this title; 
‘‘(B) the lost or damaged goods have been 
in the custody of more than one independent 
contractor or transportation service provider; 
and 
‘‘(C) a claim submitted to the delivering 
transportation service provider or carrier is de-
nied in whole or in part because the loss or 
damage occurred while the lost or damaged 
goods were in the custody of a prior transpor-
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tation service provider or carrier or government 
entity.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘2740. Property loss: reimbursement of members and civilian employees for full 
replacement value of household effects when contractor reim-
bursement not available.’’. 
(b) EFFECTIVE DATE.—Section 2740 of title 10, 
United States Code, as added by subsection (a), shall 
apply with respect to losses incurred after the date of the 
enactment of this Act. 
TITLE IV—MILITARY 
PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2011, as follows: 
(1) The Army, 569,400. 
(2) The Navy, 328,700. 
(3) The Marine Corps, 202,100. 
(4) The Air Force, 332,200. 
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 in-
serting the following new paragraphs: 
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‘‘(1) For the Army, 547,400. 
‘‘(2) For the Navy, 324,300. 
‘‘(3) For the Marine Corps, 202,100. 
‘‘(4) For the Air Force, 332,200.’’. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve 
components as of September 30, 2011, as follows: 
(1) The Army National Guard of the United 
States, 358,200. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 65,500. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United 
States, 106,700. 
(6) The Air Force Reserve, 71,200. 
(7) The Coast Guard Reserve, 10,000. 
(b) 
END
STRENGTH
REDUCTIONS.—The 
end 
strengths prescribed by subsection (a) for the Selected Re-
serve of any reserve component shall be proportionately 
reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of 
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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 partici-
pation 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. 
Within the end strengths prescribed in section 
411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 2011, the following num-
ber 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, re-
cruiting, instructing, or training the reserve components: 
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(1) The Army National Guard of the United 
States, 32,060. 
(2) The Army Reserve, 16,261. 
(3) The Navy Reserve, 10,688. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 14,584. 
(6) The Air Force Reserve, 2,992. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2011 for the re-
serve components of the Army and the Air Force (notwith-
standing 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, 10,720. 
(4) For the Air National Guard of the United 
States, 22,394. 
SEC. 414. FISCAL YEAR 2011 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
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SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2011, 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. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
hereby authorized to be appropriated to the Department 
of Defense for military personnel for fiscal year 2011 a 
total of $138,540,700,000. 
(b) CONSTRUCTION OF AUTHORIZATION.—The au-
thorization of appropriations in subsection (a) supersedes 
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any other authorization of appropriations (definite or in-
definite) for such purpose for fiscal year 2011. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel 
Policy Generally 
SEC. 501. AGE FOR HEALTH CARE PROFESSIONAL APPOINT-
MENTS AND MANDATORY RETIREMENTS. 
(a) AGE FOR ORIGINAL APPOINTMENT AS A HEALTH 
PROFESSIONS OFFICER.—Section 532(d)(2) of title 10, 
United States Code, is amended by striking ‘‘reserve’’. 
(b) ADDITIONAL CATEGORIES OF OFFICERS ELIGI-
BLE FOR DEFERRAL OF MANDATORY RETIREMENT FOR 
AGE.—Section 1251(b) of such title is amended— 
(1) in paragraph (1), by striking ‘‘the officer 
will be performing duties consisting primarily of pro-
viding patient care or performing other clinical du-
ties.’’ and inserting ‘‘the officer— 
‘‘(A) will be performing duties consisting pri-
marily of providing patient care or performing other 
clinical duties; or 
‘‘(B) is in a category of officers designated 
under subparagraph (D) of paragraph (2) whose du-
ties will consist primarily of the duties described in 
clause (i), (ii), or (iii) of such subparagraph.’’; and 
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(2) in paragraph (2)— 
(A) by striking ‘‘or’’ at the end of subpara-
graph (B); 
(B) by striking the period at the end of 
subparagraph (C) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(D) an officer in a category of officers des-
ignated by the Secretary concerned for the purposes 
of this paragraph as consisting of officers whose du-
ties consist primarily of— 
‘‘(i) providing health care; 
‘‘(ii) performing other clinical care; or 
‘‘(iii) performing health-care related ad-
ministrative duties.’’. 
SEC. 502. AUTHORITY FOR APPOINTMENT OF WARRANT OF-
FICERS IN THE GRADE OF W–1 BY COMMIS-
SION AND STANDARDIZATION OF WARRANT 
OFFICER APPOINTING AUTHORITY. 
(a) REGULAR OFFICERS.— 
(1) AUTHORITY FOR APPOINTMENTS BY COM-
MISSION IN WARRANT OFFICER W–1 GRADE.—The 
first sentence of section 571(b) of title 10, United 
States Code, is amended by striking ‘‘by the Sec-
retary concerned’’ and inserting ‘‘, except that, with 
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respect to an armed force under the jurisdiction of 
the Secretary of a military department, the Sec-
retary may provide by regulation that appointments 
in that grade shall be made by commission’’. 
(2) APPOINTING AUTHORITY.—The second sen-
tence of section 571(b) of such title is amended by 
inserting before the period at the end the following: 
‘‘, and appointments in the grade of regular warrant 
officer, W–1 (whether by warrant or commission), 
shall be made by the President, except that appoint-
ments in that grade in the Coast Guard shall be 
made by the Secretary of Homeland Security when 
it is not operating as a service in the Department 
of the Navy’’. 
(b) RESERVE OFFICERS.—Subsection (b) of section 
12241 of such title is amended to read as follows: 
‘‘(b) Appointments in permanent reserve warrant of-
ficer grades shall be made in the same manner as is pre-
scribed for regular warrant officer grades by section 
571(b) of this title.’’. 
(c) PRESIDENTIAL FUNCTIONS.—Except as other-
wise provided by the President by Executive order, the 
provisions of Executive Order No. 13384 (10 U.S.C. 531 
note) relating to the functions of the President under the 
second sentence of section 571(b) of title 10, United 
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States Code, shall apply in the same manner to the func-
tions of the President under section 12241(b) of title 10, 
United States Code. 
SEC. 503. NONDISCLOSURE OF INFORMATION FROM DIS-
CUSSIONS, 
DELIBERATIONS, 
NOTES, 
AND 
RECORDS OF SPECIAL SELECTION BOARDS. 
(a) NONDISCLOSURE
OF BOARD PROCEEDINGS.— 
Section 613a of title 10, United States Code, is amend-
ed— 
(1) by striking subsection (a) and inserting the 
following new subsection: 
‘‘(a) PROHIBITION
ON
DISCLOSURE.—The pro-
ceedings of a selection board convened under section 573, 
611, or 628 of this title may not be disclosed to any person 
not a member of the board, except as authorized or re-
quired to process the report of the board. This prohibition 
is a statutory exemption from disclosure, as described in 
section 552(b)(3) of title 5.’’; 
(2) in subsection (b), by striking ‘‘AND 
RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; 
and 
(3) by adding at the end the following new sub-
section: 
‘‘(c) APPLICABILITY.—This section applies to all se-
lection boards convened under section 573, 611, or 628 
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of this title, regardless of the date on which the board 
was convened.’’. 
(b) REPORTS
OF BOARDS.—Section 628(c)(2) of 
such title is amended by striking ‘‘sections 576(d) and 
576(f)’’ and inserting ‘‘sections 576(d), 576(f), and 
613a’’. 
(c) RESERVE BOARDS.—Section 14104 of such title 
is amended— 
(1) by striking subsection (a) and inserting the 
following new subsection: 
‘‘(a) PROHIBITION
ON
DISCLOSURE.—The pro-
ceedings of a selection board convened under section 
14101 or 14502 of this title may not be disclosed to any 
person not a member of the board, except as authorized 
or required to process the report of the board. This prohi-
bition is a statutory exemption from disclosure, as de-
scribed in section 552(b)(3) of title 5.’’; 
(2) in subsection (b), by striking ‘‘AND 
RECORDS’’ and inserting ‘‘NOTES, AND RECORDS’’; 
and 
(3) by adding at the end the following new sub-
section: 
‘‘(c) APPLICABILITY.—This section applies to all se-
lection boards convened under section 14101 or 14502 of 
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this title, regardless of the date on which the board was 
convened.’’. 
SEC. 504. ADMINISTRATIVE REMOVAL OF OFFICERS FROM 
LIST OF OFFICERS RECOMMENDED FOR PRO-
MOTION. 
(a) ACTIVE-DUTY LIST.—Section 629 of title 10, 
United States Code, is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) ADMINISTRATIVE REMOVAL.—If an officer on 
the active-duty list is discharged or dropped from the rolls, 
transferred to a retired status, or found to have been erro-
neously included in a zone of consideration, after having 
been recommended for promotion to a higher grade under 
this chapter, but before being promoted, the officer shall 
be administratively removed from the promotion list under 
regulations prescribed by the Secretary concerned.’’. 
(b) RESERVE ACTIVE-STATUS LIST.—Section 14310 
of such title is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
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‘‘(d) ADMINISTRATIVE REMOVAL.—If an officer on 
the reserve active-status list is discharged or dropped from 
the rolls, transferred to a retired status, or found to have 
been erroneously included in a zone of consideration, after 
having been recommended for promotion to a higher grade 
under this chapter or after having been found qualified 
for Federal recognition in the higher grade under title 32, 
but before being promoted, the officer shall be administra-
tively removed from the promotion list under regulations 
prescribed by the Secretary concerned.’’. 
SEC. 505. ELIGIBILITY OF OFFICERS TO SERVE ON BOARDS 
OF INQUIRY FOR SEPARATION OF REGULAR 
OFFICERS 
FOR 
SUBSTANDARD 
PERFORM-
ANCE AND OTHER REASONS. 
(a) ACTIVE DUTY.—Section 1187 of title 10, United 
States Code, is amended— 
(1) in subsection (a), by striking paragraphs 
(2) and (3) and inserting the following new para-
graphs: 
‘‘(2) Each member of the board shall be senior 
in rank or grade to the officer being required to 
show cause for retention on active duty. 
‘‘(3) At least one member of the board— 
‘‘(A) shall be in or above the grade of 
major or lieutenant commander, if the grade of 
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the officer being required to show cause for re-
tention on active duty is below the grade of 
major or lieutenant commander; or 
‘‘(B) shall be in a grade above lieutenant 
colonel or commander, if the grade of the offi-
cer being required to show cause for retention 
on active duty is major or lieutenant com-
mander or above.’’; 
(2) in subsection (b), by striking ‘‘that officer— 
’’ and all that follows through the period at the end 
and inserting ‘‘that officer meets the grade require-
ments of subsection (a)(2).’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(e) REGULATIONS.—The Secretary of a military de-
partment may prescribe regulations limiting the eligibility 
of officers to serve on a board convened under this chapter 
to officers who, while otherwise qualified, are in the opin-
ion of the Secretary best suited for that duty by reason 
of age, education, training, experience, length of service, 
or temperament.’’. 
(b) RESERVES.—Section 14906 of such title is 
amended— 
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(1) in subsection (a), by striking paragraphs 
(2) and (3) and inserting the following new para-
graphs: 
‘‘(2) Each member of the board shall be senior 
in rank or grade to the officer being required to 
show cause for retention in an active status. 
‘‘(3) At least one member of the board— 
‘‘(A) shall be in or above the grade of 
major or lieutenant commander, if the grade of 
the officer being required to show cause for re-
tention in an active status is below the grade of 
major or lieutenant commander; or 
‘‘(B) shall be in a grade above lieutenant 
colonel or commander, if the grade of the offi-
cer being required to show cause for retention 
in an active status is major or lieutenant com-
mander or above.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) REGULATIONS.—The Secretary of a military de-
partment may prescribe regulations limiting the eligibility 
of officers to serve on a board convened under this chapter 
to officers who, while otherwise qualified, are in the opin-
ion of the Secretary best suited for that duty by reason 
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of age, education, training, experience, length of service, 
or temperament.’’. 
SEC. 506. TEMPORARY AUTHORITY TO REDUCE MINIMUM 
LENGTH OF ACTIVE SERVICE AS A COMMIS-
SIONED 
OFFICER 
REQUIRED 
FOR 
VOL-
UNTARY RETIREMENT AS AN OFFICER. 
(a) ARMY.—Section 3911(b)(2) of title 10, United 
States Code, is amended by striking ‘‘January 6, 2006, 
and ending on December 31, 2008’’ and inserting ‘‘the 
date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2011 and ending on September 
30, 2013’’. 
(b) 
NAVY
AND
MARINE
CORPS.—Section 
6323(a)(2)(B) of such title is amended by striking ‘‘Janu-
ary 6, 2006, and ending on December 31, 2008’’ and in-
serting ‘‘the date of the enactment of the National De-
fense Authorization Act for Fiscal Year 2011 and ending 
on September 30, 2013’’. 
(c) AIR FORCE.—Section 8911(b)(2) of such title is 
amended by striking ‘‘January 6, 2006, and ending on De-
cember 31, 2008’’ and inserting ‘‘the date of the enact-
ment of the National Defense Authorization Act for Fiscal 
Year 2011 and ending on September 30, 2013’’. 
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Subtitle B—Reserve Component 
Management 
SEC. 511. PRESEPARATION COUNSELING FOR MEMBERS OF 
THE RESERVE COMPONENTS. 
(a) REQUIREMENT; EXCEPTION.—Subsection (a)(1) 
of section 1142 of title 10, United States Code, is amend-
ed— 
(1) in the first sentence— 
(A) by striking ‘‘Within’’ and inserting 
‘‘(A) Within’’; and 
(B) by striking ‘‘of each member’’ and all 
that follows through the period at the end of 
the sentence and inserting the following: ‘‘of— 
‘‘(i) each member of the armed forces whose 
discharge or release from active duty is anticipated 
as of a specific date; and 
‘‘(ii) each member of a reserve component not 
covered by clause (i) whose discharge or release from 
service is anticipated as of a specific date.’’; and 
(2) in the second sentence, by striking ‘‘A nota-
tion of the provision of such counseling’’ and insert-
ing the following: 
‘‘(B) A notation of the provision of preseparation 
counseling’’. 
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