I 
108TH CONGRESS 
2D SESSION 
H. R. 4200
To authorize appropriations for fiscal year 2005 for military activities of 
the Department of Defense, to prescribe military personnel strengths 
for fiscal year 2005, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 22, 2004
Mr. HUNTER (for himself and Mr. SKELTON) (both by request) introduced the 
following bill; which was referred to the Committee on Armed Services 
A BILL 
To authorize appropriations for fiscal year 2005 for military 
activities of the Department of Defense, to prescribe 
military personnel strengths for fiscal year 2005, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 2005’’. 
SEC. 2. TABLE OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into two divi-
sions as follows:
(1) Division A—Department of Defense Au-
thorizations. 
(2) Division B—Military Construction Author-
izations. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title. 
Sec. 2. Table of contents. 
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS 
TITLE I—PROCUREMENT 
Subtitle A—Authorization of Appropriations 
Sec. 101. Army. 
Sec. 102. Navy and Marine Corps. 
Sec. 103. Air Force. 
Sec. 104. Defense-wide activities. 
Subtitle B—Multiyear Procurement Authorization 
Sec. 111. Multiyear procurement authority for the light weight 155 millimeter 
howitzer program. 
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 
Subtitle A—Authorization of Appropriations 
Sec. 201. Authorization of appropriations. 
Subtitle B—Ballistic Missile Defense 
Sec. 211. Funding for Missile Defense Agency. 
TITLE III—OPERATION AND MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Sec. 302. Working capital funds. 
Sec. 303. Armed Forces Retirement Home. 
Sec. 304. Other Department of Defense programs. 
Subtitle B—Environmental Provisions 
Sec. 311. Payment of private cleanup costs. 
Sec. 312. Reimbursement to the Environmental Protection Agency for certain 
costs in connection with the Moses Lake, Washington Super-
fund site. 
Subtitle C—Workplace and Depot Issues
Sec. 321. Exclusion of certain expenditures from percentage limitation on con-
tracting for performance of depot-level maintenance and repair 
workloads. 
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. New title for the Vice Chief of the National Guard Bureau. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2005 limitation on number of non-dual status technicians. 
Sec. 415. Special rule for computing the high-36 month average for Reserve 
component members. 
TITLE V—MILITARY PERSONNEL POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Transition of active-duty list officer force to all regular status. 
Sec. 502. Strength in grade: commissioned officers in grades below brigadier 
general or rear admiral (lower half) in an active status. 
Sec. 503. Joint duty credit required for promotion to flag or general officer. 
Sec. 504. Revised promotion policy objectives for joint officers. 
Sec. 505. Modify length of joint duty assignments. 
Sec. 506. Management of joint specialty officers. 
Sec. 507. Eliminate distribution quotas for general and flag officers serving in 
the grades of O–7 and O–8. 
Sec. 508. Eliminate mandatory retirement of active duty general and flag offi-
cers after 30 years of service. 
Sec. 509. Length of terms for the Assistants to the Chairman of the Joint 
Chiefs of Staff for National Guard and Reserve Matters. 
Sec. 510. Length of service for the senior leaders of the military departments. 
Sec. 511. Extending age limits for active duty general and flag officers. 
Sec. 512. Lateral reassignment of certain generals and admirals. 
Sec. 513. Length of service for the Chairman and Vice Chairman of the Joint 
Chiefs of Staff. 
Sec. 514. Promotion policy objectives for joint officers. 
Subtitle B—Reserve Component Management 
Sec. 521. Revised concept of inactive duty and repeal of funeral honors duty. 
Sec. 522. Authorized strengths of Navy and Marine Corps reserve flag and gen-
eral officers. 
Sec. 523. Mandatory retention on active duty to qualify for retirement pay. 
Sec. 524. Amendment to the purpose of the reserve components. 
Sec. 525. Accounting and management of National Guard and reserve per-
sonnel performing active or full-time duty. 
Sec. 526. Waive requirement that reserve chiefs and National Guard directors 
must have significant joint duty experience. 
Sec. 527. Extending age limits for reserve and National Guard general and flag 
officers.
Sec. 528. Expanded use of reserve component members to perform develop-
mental testing and new equipment training. 
Subtitle C—ROTC and Military Service Academies 
Sec. 531. Institutions of higher education that prevent ROTC access or military 
recruiting on campus; equal treatment with other employers. 
Sec. 532. Board of Visitors; United States Air Force Academy; United States 
Military Academy; United States Naval Academy. 
Sec. 533. Dean of the Faculty; Dean of Academic Board. 
Sec. 534. Repeal of requirement that military academy superintendents retire 
after assignment. 
Subtitle D—Other Military Education and Training Matters 
Sec. 541. Education loan repayments for health professions officers of the re-
serve components. 
Sec. 542. Conferral of degrees to graduates of the Community College of the 
Air Force. 
Sec. 543. Three year educational leave of absence. 
Sec. 544. Length of phase II joint professional military education. 
Sec. 545. Changing the titles of the heads of the Naval Postgraduate School. 
Sec. 546. New mission statement and expanded eligibility for enlisted personnel 
at the Naval Postgraduate School. 
Subtitle E—Administrative Matters 
Sec. 551. Annual report to Congress concerning joint officer management. 
Sec. 552. Revised definitions applicable to joint duty. 
Subtitle F—Military Justice Matters 
Sec. 561. Waive time lost when a member is acquitted, released without trial, 
or has his conviction set-aside or reversed on appeal. 
Sec. 562. Change in Uniform Code of Military Justice relating to blood alcohol 
concentration.
Subtitle G—Benefits 
Sec. 571. Immediate lump sum reimbursement for unusual nonrecurring ex-
penses outside the continental United States. 
Sec. 572. Repeal of requirement to pay subsistence charges while hospitalized. 
Subtitle H—Other Matters 
Sec. 581. Alternate initial military service obligation for persons with special-
ized skills. 
Sec. 582. Basic training requirement for certain members with specialized 
skills. 
Sec. 583. Eliminate mandatory terms of office for certain general and flag staff 
officers. 
Sec. 584. Prohibit court-ordered payments before retirement based on imputa-
tion of retired pay. 
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances
Sec. 601. Termination of assignment incentive pay for members on terminal 
leave. 
Sec. 602. More flexible retirement rules for military officers. 
Sec. 603. More flexible computation of retired pay for officers and senior en-
listed members. 
Sec. 604. Eliminate retired pay limit applicable to general and flag officers. 
Sec. 605. Grant basic allowance for housing waivers for 12 months or less on 
permanent change of station assignments that are principally 
for education or training. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. One-year extension of certain bonus and special pays for reserve 
forces. 
Sec. 612. Bonus for officers to serve in the Selected Reserve in a critical skill 
or manpower shortage. 
Sec. 613. Critical skills retention bonus; eligibility of members serving on in-
definite reenlistment. 
Sec. 614. Foreign language proficiency pay. 
Sec. 615. Repayment of unearned portions of bonuses, special pays, and edu-
cational benefits. 
Subtitle C—Travel and Transportation Allowances 
Sec. 621. Lodging costs incurred in connection with student dependent travel. 
Sec. 622. Expanded travel and transportation allowances for family members to 
attend burial ceremonies. 
Subtitle D—Other Matters 
Sec. 631. Accumulation of annual leave by intelligence senior level employees. 
TITLE VII—HEALTH CARE PROVISIONS 
Sec. 701. Exemption of nonappropriated fund health benefits program from 
non-federal laws, taxes, and mandates. 
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 
AND RELATED MATTERS 
Subtitle A—Acquisition Policy and Management 
Sec. 801. Defense acquisition workforce changes. 
Sec. 802. Delegation to the Defense Contract Management Agency to make de-
terminations concerning restructuring costs. 
Sec. 803. Disposal of excess and obsolete materials contained in the national 
defense stockpile. 
Sec. 804. Privatization of military utilities located on non-federal land. 
Sec. 805. Repeal of redundant limitations on the procurement of totally en-
closed lifeboats. 
Sec. 806. Demonstration programs using design-build contracts. 
Sec. 807. Two-year extension of laboratory revitalization demonstration pro-
gram. 
Subtitle B—Amendments to General Contracting Authorities, Procedures, and 
Limitations
Sec. 821. Pilot authority for follow-on production agreements relating to certain 
prototype projects. 
Sec. 822. Charging of fees for logistical data. 
Sec. 823. Sale and exchange of missile propellants and electricity. 
Sec. 824. Pilot program to contract with local governments for services. 
Sec. 825. Procurement of ball and roller bearings. 
Sec. 826. Increased threshold for awarding contracts under other than competi-
tive procedures. 
Sec. 827. Increased threshold for requiring contractors to provide specified em-
ployee information to cooperative agreement holders. 
Sec. 828. Limitation on task and delivery order contracts. 
Subtitle C—Acquisition-Related Reports and Other Matters 
Sec. 841. Streamlining real property transactions. 
Sec. 842. Repeal of annual reporting requirement concerning management of 
depot employees. 
Sec. 843. Simplification of annual reporting requirements concerning funds ex-
pended for depot maintenance and repair workloads. 
Sec. 844. Provisions relating to real property. 
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 
MANAGEMENT 
Subtitle A—Duties and Functions of Department of Defense Officers 
Sec. 901. Transfer of responsibility for the assembled chemical weapons alter-
natives program. 
Sec. 902. Expanded eligibility to serve as the Deputy Chief of Naval Operations 
and Assistant Chief of Naval Operations. 
Sec. 903. Repeal of required periodic Inspector General audits of undefinitized 
contractual actions. 
Sec. 904. Repeal of mandatory Inspector General review of advisory and assist-
ance services contract waivers. 
Sec. 905. Chain of succession for the Chief, National Guard Bureau. 
Subtitle B—Reports 
Sec. 911. Repeal of reporting requirement concerning the Cooperative Threat 
Reduction Program. 
Sec. 912. Repeal of annual reporting requirement concerning threat posed by 
weapons of mass destruction, ballistic missiles, and cruise mis-
siles. 
Subtitle C—Other Matters 
Sec. 921. Manpower and budget issues in the Defense Prisoner of War/Missing 
Personnel Office. 
Sec. 922. Three-year extension of mentor-protege program. 
TITLE X—GENERAL PROVISIONS 
Subtitle A—Financial Matters 
Sec. 1001. Capture of all expired funds from the military personnel and oper-
ation and maintenance appropriations accounts for use in the 
foreign currency fluctuations account.
Sec. 1002. Reimbursement for use of personal cellular telephones when used for 
official government business. 
Sec. 1003. Purchase of promotional items of nominal value for recruitment pur-
poses. 
Sec. 1004. Microclaim waiver authority. 
Subtitle B—Naval Vessels and Shipyards 
Sec. 1011. Exchange and sale of obsolete Navy service craft and boats. 
Sec. 1012. Award contracts for ship dismantling on net cost basis. 
Subtitle C—Counterdrug Activities 
Sec. 1021. Use of two-year extension of counterdrug funds for counterterrorism 
in Colombia. 
Subtitle D—Other Department of Defense Provisions 
Sec. 1031. Control and supervision of transportation within the Department of 
Defense. 
Subtitle E—Other Matters 
Sec. 1041. Repeal of prohibition on contracts for performance of security-guard 
functions. 
Sec. 1042. Establishment of auxiliaries within the military departments. 
Sec. 1043. National Defense Heritage Foundation. 
Sec. 1044. Conforming amendments to general definitions. 
Sec. 1045. Use of Department of Defense fitness facilities by contract workers. 
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL 
Sec. 1101. Priority placement of displaced civilian employees. 
Sec. 1102. Employment preference for spouses of civilian employees. 
Sec. 1103. Pay parity for civilian intelligence personnel. 
Sec. 1104. Pay parity for senior executives in DoD nonappropriated fund in-
strumentalities. 
Sec. 1105. Prohibit unauthorized wearing, manufacture, or sale of civilian med-
als or decorations. 
TITLE XII—MATTERS RELATING TO OTHER NATIONS 
Subtitle A—Matters Related to Arms Control and Monitoring
Sec. 1201. Humanitarian assistance with respect to the detection and clearance 
of landmines and explosive remnants of war. 
Subtitle B—Matters Related to Allies and Friendly Foreign Nations 
Sec. 1211. Improving airspace control and management in the Caucasus and 
Central Asia. 
Sec. 1212. George C. Marshall European Center for Security Studies. 
Subtitle C—Other Matters 
Sec. 1221. Repeal of the annual reporting requirement concerning the activities 
of Chinese military companies operating in the United States. 
Sec. 1222. Repeal of reporting requirement concerning special operations forces 
training with friendly foreign forces.
Sec. 1223. Foreign military AIDS advocacy, awareness, and prevention activi-
ties. 
Sec. 1224. Repeal of the authorization for the establishment of the Center for 
the Study of Chinese Military Affairs. 
Sec. 1225. Use of donated property for humanitarian assistance purposes. 
Sec. 1226. Assignment of foreign Navy personnel to submarine safety research 
and development programs. 
TITLE XIII—HOMELAND SECURITY 
Sec. 1301. Repeal of funding restrictions concerning development of medical 
countermeasures against biological warfare threats. 
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS 
Sec. 2001. Short title. 
TITLE XXI—ARMY 
Sec. 2101. Authorized Army construction and land acquisition projects. 
Sec. 2102. Family housing. 
Sec. 2103. Improvements to military family housing units. 
Sec. 2104. Authorization of appropriations, Army. 
TITLE XXII—NAVY 
Sec. 2201. Authorized Navy construction and land acquisition projects. 
Sec. 2202. Family housing. 
Sec. 2203. Improvements to military family housing units. 
Sec. 2204. Authorization of appropriations, Navy. 
TITLE XXIII—AIR FORCE 
Sec. 2301. Authorized Air Force construction and land acquisition projects. 
Sec. 2302. Family housing. 
Sec. 2303. Improvements to military family housing units. 
Sec. 2304. Authorization of appropriations, Air Force. 
TITLE XXIV—DEFENSE AGENCIES 
Sec. 2401. Authorized Defense Agencies construction and land acquisition 
projects. 
Sec. 2402. Improvements to military family housing units. 
Sec. 2403. Energy conservation projects. 
Sec. 2404. Authorization of appropriations, Defense Agencies. 
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
Sec. 2501. Authorized NATO construction and land acquisition projects. 
Sec. 2502. Authorization of appropriations, NATO. 
TITLE XXVI—CHEMICAL DEMILITARIZATION CONSTRUCTION, 
DEFENSE 
Sec. 2601. Authorized Chemical Demilitarization construction and land acquisi-
tion projects. 
Sec. 2602. Authorization of appropriations, Chemical Demilitarization Con-
struction.
(4) For ammunition, $1,556,902,000. 
(5) For other procurement, $4,240,896,000. 
SEC. 102. NAVY AND MARINE CORPS. 
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2005 for procurement for the Navy 
as follows: 
(1) For aircraft, $8,767,867,000. 
(2) For weapons, including missiles and tor-
pedoes, $2,101,529,000. 
(3) 
For 
shipbuilding 
and 
conversion, 
$9,962,027,000. 
(4) For other procurement, $4,834,278,000. 
(b) MARINE CORPS.—Funds are hereby authorized to 
be appropriated for fiscal year 2005 for procurement for 
the Marine Corps in the amount of $1,190,103,000. 
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds 
are hereby authorized to be appropriated for fiscal year 
2005 for procurement of ammunition for the Navy and 
Marine Corps in the amount of $858,640,000. 
SEC. 103. AIR FORCE. 
Funds are hereby authorized to be appropriated for 
fiscal year 2005 for procurement for the Air Force as fol-
lows: 
(1) For aircraft, $13,163,174,000. 
(2) For missiles, $4,718,313,000.
(3) 
For 
procurement 
of 
ammunition, 
$1,396,457,000. 
(4) For other procurement, $13,283,557,000. 
SEC. 104. DEFENSE-WIDE ACTIVITIES. 
Funds are hereby authorized to be appropriated for 
fiscal year 2005 for Defense-wide procurement in the 
amount of $2,883,302,000. 
Subtitle B—Multiyear Procurement 
Authorization 
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR THE 
LIGHT WEIGHT 155 MILLIMETER HOWITZER 
PROGRAM. 
The Secretary of the Navy may, in accordance with 
section 2306b of title 10, United States Code, enter into 
a multiyear contract, beginning with the fiscal year 2005 
program year, for procurement of the light weight 155 
millimeter howitzer.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION 
Subtitle A—Authorization of 
Appropriations 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2005 for the use of the Department of Defense 
for research, development, test, and evaluation, as follows: 
(1) For the Army, $9,266,258,000. 
(2) For the Navy, $16,346,391,000. 
(3) For the Air Force, $21,114,667,000. 
(4) 
For 
Defense-wide 
activities, 
$21,044,972,000, of which $305,135,000 is author-
ized for the Director of Operational Test and Eval-
uation. 
Subtitle B—Ballistic Missile 
Defense
SEC. 211. FUNDING FOR MISSILE DEFENSE AGENCY. 
(a) Funds appropriated under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense-
Wide’’ for the Missile Defense Agency may, upon approval 
by the Secretary of Defense, be used for the development 
and fielding of ballistic missile defense capabilities.
(b) This section shall be effective for fiscal years after 
Fiscal Year 2004. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for 
fiscal year 2005 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for 
expenses, not otherwise provided for, for operation and 
maintenance, in amounts as follows: 
(1) For the Army, $26,133,411,000. 
(2) For the Navy, $29,789,190,000. 
(3) For the Marine Corps, $3,632,115,000. 
(4) For the Air Force, $28,471,260,000. 
(5) 
For 
the 
Defense-wide 
activities, 
$17,494,076,000. 
(6) For the Army Reserve, $2,008,128,000. 
(7) For the Naval Reserve, $1,240,038,000. 
(8) 
For 
the 
Marine 
Corps 
Reserve, 
$188,696,000. 
(9) For the Air Force Reserve, $2,239,790,000. 
(10) 
For 
the 
Army 
National 
Guard, 
$4,440,686,000.
(11) 
For 
the 
Air 
National 
Guard, 
$4,422,838,000. 
(12) For the United States Court of Appeals 
for the Armed Forces, $10,825,000. 
(13) For Environmental Restoration, Army, 
$400,948,000. 
(14) For Environmental Restoration, Navy, 
$266,820,000. 
(15) For Environmental Restoration, Air Force, 
$397,368,000. 
(16) For Environmental Restoration, Defense-
wide, $23,684,000. 
(17) For Environmental Restoration, Formerly 
Used Defense Sites, $216,516,000. 
(18) For Overseas Humanitarian, Disaster, and 
Civic Aid programs, $59,000,000. 
(19) For Cooperative Threat Reduction pro-
grams, $409,200,000. 
(20) For Overseas Contingency Operations 
Transfer Fund, $30,000,000. 
SEC. 302. WORKING CAPITAL FUNDS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2005 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for
(5) The Air National Guard of the United 
States, 12,225. 
(6) The Air Force Reserve, 1,900. 
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 2005 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, 7,299. 
(2) For the Army National Guard of the United 
States, 25,076. 
(3) For the Air Force Reserve, 9,954. 
(4) For the Air National Guard of the United 
States, 22,956. 
SEC. 414. FISCAL YEAR 2005 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.—(1) Within the limitation pro-
vided in section 10217(c)(2) of title 10, United States 
Code, the number of non-dual status technicians employed 
by the National Guard as of September 30, 2005, may 
not exceed the following: 
(A) For the Army National Guard of the 
United States, 1,600.
(B) For the Air National Guard of the United 
States, 350. 
(2) The number of non-dual status technicians em-
ployed by the Army Reserve as of September 30, 2005, 
may not exceed 795. 
(3) The number of non-dual status technicians em-
ployed by the Air Force Reserve as of September 30, 
2005, may not exceed 90. 
(b) NON
DUAL
STATUS
TECHNICIANS
DE-
FINED.—In this section, the term ‘‘non-dual status techni-
cian’’ has the meaning given that term in section 10217(a) 
of title 10, United States Code. 
SEC. 415. SPECIAL RULE FOR COMPUTING THE HIGH 0936 
MONTH AVERAGE FOR RESERVE COMPO-
NENT MEMBERS. 
(a) COMPUTATION OF HIGH 36 09 MONTH AVER-
AGE.—Subsection (c) of section 1407 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) SPECIAL RULE FOR RESERVE COMPONENT MEM-
BERS—
‘‘(A) HIGH
0936
MONTH
AVERAGE
FOR
DIS-
ABILITY RETIRED PAY.—The high-three average of a 
Reserve component member entitled to retired pay 
under section 1201 or 1202 of this title, or a spouse
of a Reserve component member entitled to a sur-
vivor 
benefit 
plan 
annuity 
under 
section 
1448(d)(1)(B) of this title, is the amount equal to—
‘‘(i) the total amount of monthly basic pay 
to which the member was entitled during the 
member’s high-36 months (or to which the 
member would have been entitled if the member 
had served on active duty during the entire pe-
riod of the member’s high-36 months), divided 
by 
‘‘(ii) 36. 
‘‘(B) SHORT
TERM
DISABILITY
RETIRED 
PAY.—Notwithstanding subparagraph (A), the high-
three average of a Reserve component member with 
less than 36 months who is entitled to retired pay 
under section 1201 or 1202 of this title, or a spouse 
of a Reserve component member entitled to a sur-
vivor 
benefit 
plan 
annuity 
under 
section 
1448(d)(1)(B) of this title, is the amount equal to—
‘‘(i) the total amount of monthly basic pay 
to which the member was entitled during the 
entire period the member was a member of a 
uniformed service before being so retired (or to 
which the member would have been entitled if 
the member had served on active duty during
the entire period the member was a member of 
a uniformed service before being so retired), di-
vided by 
‘‘(ii) the number of months (including any 
fraction thereof) during which the member was 
a member before so retiring.’’. 
(b) EFFECTIVE DATE.—For purposes of determining 
the annuity for the spouse of a member who died while 
on active duty, the amendments made by this section shall 
take effect as of September 10, 2001. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel 
Policy 
SEC. 501. TRANSITION OF ACTIVE 09DUTY LIST OFFICER 
FORCE TO ALL REGULAR STATUS. 
(a) ELIMINATE REQUIREMENT THAT ALL ACTIVE 
DUTY OFFICERS SERVE IN A RESERVE STATUS FOR AT 
LEAST ONE YEAR.—Section 532 of title 10, United States 
Code, is amended by striking subsection (e). 
(b) AMEND THE QUALIFICATIONS FOR ORIGINAL AP-
POINTMENT AS A COMMISSIONED OFFICER.—Section 532 
is further amended—
(1) in subsection (a)—
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3), (4), 
and (5) as paragraphs (2), (3), and (4), respec-
tively; and 
(2) by adding at the end the following new sub-
section: 
‘‘(f) The Secretary of Defense may waive the require-
ment of subsection (a)(1) with respect to an alien lawfully 
admitted to permanent residence when the Secretary de-
termines that the national security so requires.’’. 
(c) ELIMINATE LIMITATIONS PLACED
ON TOTAL 
STRENGTH
OF
REGULAR
COMMISSIONED
OFFICERS 
SERVING ON THE ACTIVE-DUTY LIST.—Section 522 of 
such title is repealed. 
(d) ELIMINATE SENATE CONFIRMATION FOR ORIGI-
NAL APPOINTMENTS OF COMMISSIONED OFFICERS.—Sec-
tion 531(a) of such title is amended to read as follows: 
‘‘(a) Original appointments in the grades of second 
lieutenant through captain in the Regular Army, Regular 
Air Force, and Regular Marine Corps and in the grades 
of ensign through lieutenant in the Regular Navy shall 
be made by the President. The President may delegate 
this authority to the Secretary of Defense. Original ap-
pointments in the grades of major, lieutenant colonel and 
colonel in the Regular Army, Regular Air Force, and Reg-
ular Marine Corps and in the grades of lieutenant com-