118 STAT. 1873 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(f) The Secretary of Defense may waive the requirement of paragraph (1) of subsection (a) with respect to a person who has been lawfully admitted to the United States for permanent residence when the Secretary determines that the national security so requires, but only for an original appointment in a grade below the grade of major or lieutenant commander.’’. (B) Section 619(d) of such title is amended by adding at the end the following new paragraph: ‘‘(5) An officer in the grade of captain or, in the case of the Navy, lieutenant who is not a citizen of the United States.’’. (4) Section 531(a) of such title is amended to read as follows: ‘‘(a)(1) Original appointments in the grades of second lieutenant, first lieutenant, and captain in the Regular Army, Regular Air Force, and Regular Marine Corps and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy shall be made by the President alone. ‘‘(2) Original appointments in the grades of major, lieutenant colonel, and colonel in the Regular Army, Regular Air Force, and Regular Marine Corps and in the grades of lieutenant commander, commander, and captain in the Regular Navy shall be made by the President, by and with the advice and consent of the Senate.’’. (b) REPEAL OF TOTAL STRENGTH LIMITATIONS FOR ACTIVE DUTY REGULAR COMMISSIONED OFFICERS.—(1) Section 522 of such title is repealed. (2) The table of sections at the beginning of chapter 32 of such title is amended by striking the item relating to section 522. (c) FORCE SHAPING AUTHORITY.—(1)(A) Subchapter V of chapter 36 of such title is amended by adding at the end the following new section: ‘‘§ 647. Force shaping authority ‘‘(a) AUTHORITY.—The Secretary concerned may, solely for the purpose of restructuring an armed force under the jurisdiction of that Secretary— ‘‘(1) discharge an officer described in subsection (b); or ‘‘(2) transfer such an officer from the active duty list of that armed force to the reserve active status list of a reserve component of that armed force. ‘‘(b) COVERED OFFICERS.—(1) The authority under this section may be exercised in the case of an officer who— ‘‘(A) has completed not more than 5 years of service as a commissioned officer in the armed forces; or ‘‘(B) has completed more than 5 years of service as a commissioned officer in the armed forces, but has not completed a minimum service obligation applicable to that member. ‘‘(2) In this subsection, the term ‘minimum service obligation’ means the initial period of required active duty service together with any additional period of required active duty service incurred during the initial period of required active duty service. ‘‘(c) APPOINTMENT OF TRANSFERRED OFFICERS.—An officer of the Regular Army, Regular Air Force, Regular Navy, or Regular Marine Corps who is transferred to a reserve active status list under this section shall be discharged from the regular component concerned and appointed as a reserve commissioned officer under section 12203 of this title.
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