[United States Senate Manual, 107th Congress]
[S. Doc. 107-1]
[USCODETITLE]
[Pages 709-731]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 709]]
TITLE 10.--ARMED FORCES
Chapter 2.--DEPARTMENT OF DEFENSE
* * * * * * *
930 Sec. 114. Annual authorization of appropriations.
(a) No funds may be appropriated for any fiscal year to
or for the use of any armed force or obligated or expended
for--
(1) procurement of aircraft, missiles, or
naval vessels;
(2) any research, development, test, or
evaluation, or procurement or production related
thereto;
(3) procurement of tracked combat vehicles;
(4) procurement of other weapons;
(5) procurement of naval torpedoes and
related support equipment;
(6) military construction;
(7) the operation and maintenance of any
armed force or of the activities and agencies of
the Department of Defense (other than the
military departments);
(8) procurement of ammunition; or
(9) other procurement by any armed force or
by the activities and agencies of the Department
of Defense (other than the military
departments);
unless funds therefore have been specifically authorized by
law.
(b) In subsection (a)(6), the term ``military
construction'' includes any construction, development,
conversion, or extension of any kind which is carried out
with respect to any military facility or installation
(including any Government-owned or Government-leased
industrial facility used for the production of defense
articles and any facility to which section 2353 of this
title applies), any activity to which section 2807 of this
title applies, any activity to which chapter 1803 of this
title applies, and advances to the Secretary of
Transportation for the construction of defense access roads
under section 210 of title 23. Such term does not include
any activity to which section 2821 or 2854 of this title
applies.
(c)(1) The size of the Special Defense Acquisition Fund
established pursuant to chapter 5 of the Arms Export Control
Act (22 U.S.C. 2795 et seq.) may not exceed $1,070,000,000.
(2) Notwithstanding section 37(a) of the Arms Export
Control Act (22 U.S.C. 2777(a)), amounts received by the
United States pursuant to subparagraph (A) of section
21(a)(1) of that Act (22 U.S.C. 2761(a)(1)--
(A) shall be credited to the Special Defense
Acquisition Fund established pursuant to chapter
5 of that Act (22 U.S.C. 2795 et seq.), as
authorized by section 51(b)(1) of that Act (22
U.S.C. 2795(b)(1)), but subject to the
limitation in paragraph (1) and other applicable
law; and
(B) to the extent not so credited, shall be
deposited in the Treasury as miscellaneous
receipts as provided in section 3302(b) of title
31.
(d) Funds may be appropriated for the armed forces for
use as an emergency fund for research, development, test,
and evaluation, or re
[[Page 710]]
lated procurement or production, only if the appropriation
of the funds is authorized by law after June 30, 1966.
(e) In each budget submitted by the President to
Congress under section 1105 of title 31, amounts requested
for procurement of equipment for the reserve components of
the armed forces (including the National Guard) shall be set
forth separately from other amounts requested for
procurement for the armed forces.
(f) In each budget submitted by the President to
Congress under section 1105 of title 31, amounts requested
for procurement of ammunition for the Navy and Marine Corps,
and for procurement of ammunition for the Air Force, shall
be set forth separately from other amounts requested for
procurement.
(Added Nov. 16, 1973, P.L. 93-155, Title VIII, Sec. 803(a),
87 Stat. 612; Oct. 7, 1975, P.L. 94-106, Title VIII,
Sec. 801(a), 89 Stat. 537; July 14, 1976, P.L. 94-361, Title
III, Sec. 302, 90 Stat. 924; Nov. 9, 1979, P.L. 96-107,
Title III, Sec. 303(b), 93 Stat. 806; Sept. 8, 1980, P.L.
96-342, Title X, Sec. 1001(a)(1), (b), (c), (d)(1), 94 Stat.
1117; Dec. 12, 1980, P.L. 96-513, Title I, Sec. 102, Title
V, Part B, Sec. 511(4), 94 Stat. 2840, 2920; July 10, 1981,
P.L. 97-22, Sec. 2(b), 95 Stat. 124; Dec. 1, 1981, P.L. 97-
86, Title III, Sec. 302, Title IX, Sec. Sec. 901(a), 902,
903, 95 Stat. 1104, 1113; Dec. 29, 1981, P.L. 97-113, Title
I, Sec. 108(b), 95 Stat. 1524; July 12, 1982, P.L. 97-214,
Sec. 4, 96 Stat. 170; Sept. 8, 1982, P.L. 97-252, Title IV,
Sec. 402(a), Title XI, Sec. Sec. 1103, 1105, 96 Stat. 725,
738; Oct. 12, 1982, P.L. 97-295, Sec. 1(3), (4), 96 Stat.
1289; Oct. 19, 1984, P.L. 98-525, Title XIV, Sec. 1405(2),
98 Stat. 2621; Nov. 8, 1985, P.L. 99-145, Title XII, Part A,
Sec. 1208, Title XIV, Part A, Sec. 1403, 99 Stat. 723, 743;
Oct. 1, 1986, P.L. 99-433, Title I, Sec. Sec. 101(a)(2) in
part, 110(b), 100 Stat. 994, 1002; Nov. 14, 1986, P.L. 99-
661, Div. A, Title I, Part A, Sec. 105(d), Title XIII, Part
A, Sec. 1304(a), 100 Stat. 3827, 3979; Apr. 21, 1987, P.L.
100-26, Sec. 7(j)(1), 101 Stat. 282; Dec. 4, 1987, P.L. 100-
180, Div. A, Title XII, Part A, Sec. 1203, 101 Stat. 1154;
Nov. 29, 1989, P.L. 101-189, Div. A, Title XVI, Part A,
Sec. 1602(b), 103 Stat. 1597; Nov. 5, 1990, P.L. 101-510,
Div. A, Title XIV, Part H, Sec. 1481(a)(1), 104 Stat. 1704;
Feb. 10, 1996, P.L. 104-106, Div. A, Title XV,
Sec. 1501(c)(2), 110 Stat. 498; Sept. 23, 1996, P.L. 104-
201, Div. A, Title X, Subtitle A, Sec. 1005, 110 Stat.
2632.)
931 Sec. 115. Personnel strengths: requirement for annual
authorization.
(a) Congress shall authorize personnel strength levels
for each fiscal year for each of the following:
(1) The end strength for each of the armed
forces (other than the Coast Guard) for (A)
active-duty personnel who are to be paid from
funds appropriated for active-duty personnel,
and (B) active-duty personnel and full-time
National Guard duty personnel who are to be paid
from funds appropriated for reserve personnel.
(2) The end strength for the Selected
Reserve of each reserve component of the armed
forces.
(b) No funds may be appropriated for any fiscal year to
or for--
(1) the use of active-duty personnel or
full-time National Guard duty personnel of any
of the armed forces (other than the Coast Guard)
unless the end strength for such personnel of
that armed force for that fiscal year has been
authorized by law; or
[[Page 711]]
(2) the use of the Selected Reserve of any
reserve component of the armed forces unless the
end strength for the Selected Reserve of that
component for that fiscal year has been
authorized by law.
(c) Upon determination by the Secretary of Defense that
such action is in the national interest, the Secretary may--
(1) increase the end strength authorized
pursuant to subsection (a)(1)(A) for a fiscal
year for any of the armed forces by a number
equal to not more than 2 percent of that end
strength; and
(2) increase the end strength authorized
pursuant to subsection (a)(1)(B) for a fiscal
year for any of the armed forces by a number
equal to not more than 2 percent of that end
strength; and
(3) vary the end strength authorized
pursuant to subsection (a)(2) for a fiscal year
for the Selected Reserve of any of the reserve
components by a number equal to not more than 2
percent of that end strength.
(d) In counting active-duty personnel for the purpose of
the end-strengths authorized pursuant to subsection (a)(1),
persons in the following categories shall be excluded:
(1) Members of the Ready Reserve ordered to
active duty under section 12302 of this title.
(2) Members of the Selected Reserve of the
Ready Reserve ordered to active duty under
section 12304 of this title.
(3) Members of the National Guard called
into Federal service under section 12406 of this
title.
(4) Members of the militia called into
Federal service under chapter 15 of this title.
(5) Members of reserve components on active
duty for training.
(6) Members of reserve components on active
duty for 180 days or less to perform special
work.
(7) Members on full-time National Guard duty
for 180 days or less.
(8) Members of the Selected Reserve of the
Ready Reserve on active duty for more that
[than] 180 days to support programs described in
section 1203(b) of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law
103-160; 22 U.S.C. 5952(b)).
(9) Members of reserve components (not
described in paragraph (8)) on active duty for
more than 180 days but less than 271 days to
perform special work in support of the combatant
commands, except that--
(A) general and flag others may not be
excluded under this paragraph; and
(B) The number of members of any of the
armed forces excluded under this paragraph
may not exceed the number equal to 0.2
percent of the end strength authorized for
active-duty personnel of that armed force
under subsection (a)(1)(A).
(10) Members of reserve components on active
duty to prepare for and to perform funeral
honors functions for funerals of veterans in
accordance with section 1491 of this title.
(11) Members on full-time National Guard duty to prepare
for and perform funeral honors functions for funerals of
veterans in accordance with section 1491 of this title.
[[Page 712]]
(e) The authorized strength of the Navy under subsection
(a)(1) is increased by the authorized strength of the Coast
Guard during any period when the Coast Guard is operating as
a service in the Navy.
(f) [Deleted]
(g) Congress shall authorize for each fiscal year the
end strength for military technicians (dual status) for each
reserve component of the Army and Air Force. Funds available
to the Department of Defense for any fiscal year may not be
used for the pay of a military technician (dual status)
during that fiscal year unless the technician fills a
position that is within the number of such positions
authorized by law for that fiscal year for the reserve
component of that technician. This subsection applies
without regard to section 129 of this title. In each budget
submitted by the President to Congress under section 1105 of
title 31, the end strength requested for military
technicians (dual status) for each reserve component of the
Army and Air Force shall be specifically set forth. (Added
Nov. 5, 1990, Pub. L. 101-510, Div. A, Title XIV, Part H,
Sec. 1483(a), 104 Stat. 1710; Dec. 5, 1991, Pub. L. 102-190,
Div. A, Title III, Part B, Sec. 312(a), 105 Stat. 1335; Feb.
10, 1996, Pub. L. 104-106, Div. A, Title IV, Subtitle A,
Sec. 401(c), Subtitle B, Sec. 415, Title V, Subtitle B,
Sec. 513(a)(1), Title X, Subtitle F, Sec. 1061(c), Title XV,
Sec. 1501(c)(3), 110 Stat. 286, 288, 305, 442, 498; Nov. 18,
1997, Pub. L. 105-85, Div. A, Title IV, Subtitle B,
Sec. 413(b), Subtitle C, Sec. 522(i)(1), 111 Stat. 1720,
1736; Oct. 5, 1999, Pub. L. 106-65, Div. A, Title IV,
Sec. 415, 113 Stat. 587; Oct. 30, 2000, Sec. 1, Pub. L. 106-
398 [Div. A., Title IV, Sec. 422, 114 Stat. 1654A-96]; Dec.
28, 2001, Pub. L. 107-107, Div. A, Title IV,
Sec. Sec. 421(a), 422, 115 Stat. 1076, 1077.)
932 Sec. 115a. Annual manpower requirements report.
(a) The Secretary of Defense shall submit to Congress an
annual manpower requirements report. The report, which shall
be in writing, shall be submitted each year not later than
45 days after the date on which the President submits to
Congress the budget for the next fiscal year under section
1105 and of title 31. The report shall contain the
Secretary's recommendations for--
(1) the annual active-duty end-strength
level for each component of the armed forces for
the next fiscal year; and
(2) the annual civilian personnel end-
strength level for each component of the
Department of Defense for the next fiscal year.
(b)(1) The Secretary shall include in each report under
subsection (a) justification for the strength levels
recommended and an explanation of the relationship between
the personnel strength levels recommended for that fiscal
year and the national security policies of the United States
in effect at the time.
(2) The justification and explanation shall specify in
detail for all major military force units (including each
land force division, carrier and other major combatant
vessel, air wing, and other comparable unit) the following:
(A) Unit mission and capability.
(B) Strategy which the unit supports.
(3) The justification and explanation shall also specify
in detail the manpower required to perform the medical
missions of each of the armed forces and of the Department
of Defense.
(c) The Secretary shall include in each report under
subsection (a) a detailed discussion of the following:
[[Page 713]]
(1) The manpower required for support and
overhead functions within the armed forces and
the Department of Defense.
(2) The relationship of the manpower
required for support and overhead functions to
the primary combat missions and support
policies.
(3) The manpower required to be stationed or
assigned to duty in foreign countries and aboard
vessels located outside the territorial limits
of the United States, its territories, and
possessions.
(d) The Secretary shall also include in each such
report, with respect to each armed force under the
jurisdiction of the Secretary of a military department, the
following:
(1) The number of positions that require
warrant officers or commissioned officers
serving on active duty in each of the officer
grades during the current fiscal year and the
estimated number of such positions for each of
the next five fiscal years.
(2) The estimated number of officers that
will be serving on active duty in each grade on
the last day of the current fiscal year and the
estimated numbers of officers that will be
needed on active duty on the last day of each of
the next five fiscal years.
(3) An estimate and analysis for the current
fiscal year and for each of the next five fiscal
years of gains to and losses from the number of
members on active duty in each officer grade,
including a tabulation of--
(A) retirements displayed by year of
active commissioned service;
(B) discharges;
(C) other separations;
(D) deaths;
(E) promotions; and
(F) reserve and regular officers ordered
to active duty.
(e)(1) In each such report, the Secretary shall also
include recommendations for the end-strength levels for
medical personnel for each component of the armed forces as
of the end of the next fiscal year.
(2) For purposes of this subsection, the term ``medical
personnel'' includes--
(A) in the case of the Army, members of the
Medical Corps, Dental Corps, Nurse Corps,
Medical Service Corps, Veterinary Corps, and
Army Medical Specialist Corps;
(B) in the case of the Navy, members of the
Medical Corps, Dental Corps, Nurse Corps, and
Medical Service Corps;
(C) in the case of the Air Force, members
designated as medical officers, dental officers,
Air Force nurses, medical service officers, and
biomedical science officers;
(D) enlisted members engaged in or
supporting medically related activities; and
(E) such other personnel as the Secretary
considers appropriate.
(f) [Deleted]
(g) [Redesignated]
(h) In each such report, the Secretary shall include a
separate report on the Army and Air Force military
technician programs. The report shall include a
presentation, shown by reserve component and shown both as
of the end of the preceding fiscal year and for the next
fiscal year, of the following (displayed in the aggregate
and separately for
[[Page 714]]
military technicians (dual status) and non-dual status
military technicians):
(1) The number of military technicians
required to be employed (as specified in
accordance with Department of Defense
procedures), the number authorized to be
employed under Department of Defense personnel
procedures, and the number actually employed.
(2) Within each of the numbers under
paragraph (1)--
(A) the number applicable to a reserve
component management headquarter
organization; and
(B) the number applicable to high-
priority units and organizations (as
specified in section 10216(a) of this
title).
(Added Nov. 5, 1990, Pub. L. 101-510, Div. A, Title XIV,
Part H, Sec. 1483(a), 104 Stat. 1711; Dec. 5, 1991, Pub. L.
102-190, Div. A, Title X, Part E, Sec. 1061(a)(1), 105 Stat.
1472; Feb. 10, 1996, Pub. L. 104-106, Div. A, Title V,
Subtitle B, Sec. 513(e), Title X, Subtitle F, Sec. 1061(d),
110 Stat. 307, 442; Nov. 18, 1997, Pub. L. 105-85, Div. A,
Title V, Subtitle C, Sec. 522(i)(2), 111 Stat. 1736; Oct.
17, 1998, Pub. L. 105-261, Div. A, Title IV, Subtitle A,
Sec. 403, 112 Stat. 1996.)
933 Sec. 116. Annual operations and maintenance report.
(a)(1) The Secretary of Defense shall submit to Congress
a written report, not later than February 15 of each fiscal
year, with respect to the operations and maintenance of the
Army, Navy, Air Force, and Marine Corps for the next fiscal
year. The Secretary shall include in each such report
recommendations for--
(A) the number of aircraft flying hours for
the Army, Navy, Air Force, and Marine Corps for
the next fiscal year, the number of ship
steaming hours for the Navy for the next fiscal
year, and the number of field training days for
the combat arms battalions of the Army and
Marine Corps for the next fiscal year;
(B) the number of ships over 3,000 tons
(full load displacement) in each Navy ship
classification on which major repair work should
be performed during the next fiscal year; and
(C) the number of airframe reworks, aircraft
engine reworks, and vehicle overhauls which
should be performed by the Army, Navy, Air
Force, and Marine Corps during the next fiscal
year.
(2) The Secretary shall also include in each such report
the justification for and an explanation of the level of
funding recommended in the Budget of the President for the
next fiscal year for aircraft flying hours, ship steaming
hours, field training days for the combat arms battalions,
major repair work to be performed on ships of the Navy,
airframe reworks, aircraft engine reworks, and vehicle
overhauls.
(b) In this section:
(1) The term ``combat arms battalions''
means armor, infantry, mechanized infantry, air
assault infantry, airborne infantry, ranger,
artillery, and combat engineer battalions and
armored cavalry and air cavalry squadrons.
(2) The term ``major repair work'' means, in
the case of any ship to which subsection (a) is
applicable, any overhaul, modification,
alteration, or conversion work which will result
in a total cost to the United States of more
than $10,000,000.
(Added Sept. 8, 1980, Pub. L. 96-342, Title X,
Sec. 1001(b)(3), (c)(2), 94 Stat. 1118; Dec. 12, 1980, Pub.
L. 96-513, Title V, Sec. 511(4)(B), 94 Stat. 2920; Dec. 1,
1981, Pub. L. 97-86, Title III, Sec. 302, 95 Stat. 1104;
Oct.
[[Page 715]]
1, 1986, Pub. L. 99-433, Title I, Sec. Sec. 101(a)(2),
110(b)(6), (7), (9), (10), 100 Stat. 994, 1002; Nov. 18,
1997, Pub. L. 105-85, Div. A, Title X, Subtitle G,
Sec. 1073(a)(3), 111 Stat. 1900.)
934 Sec. 119. Special access programs: congressional oversight.
(a)(1) Not later than March 1 of each year, the
Secretary of Defense shall submit to the defense committees
a report on special access programs.
(2) Each such report shall set forth--
(A) the total amount requested for special
access programs of the Department of Defense in
the President's budget for the next fiscal year
submitted under section 1105 of title 31; and
(B) for each program in that budget that is
a special access program--
(i) a brief description of the program;
(ii) a brief discussion of the major
milestones established for the program;
(iii) the actual cost of the program for
each fiscal year during the program has been
conducted before the fiscal year during
which that budget is submitted; and
(iv) the estimated total cost of the
program and the estimated cost of the
program for (I) the current fiscal year,
(II) the fiscal year for which the budget is
submitted, and (III) each of the four
succeeding fiscal years during which the
program is expected to be conducted.
(3) In the case of a report under paragraph (1)
submitted in a year during which the President's budget for
the next fiscal year, because of multiyear budgeting for the
Department of Defense, does not include a full budget
request for the Department of Defense, the report required
by paragraph (1) shall set forth--
(A) the total amount already appropriated
for the next fiscal year for special access
programs of the Department of Defense and any
additional amount requested in that budget for
such programs for such fiscal year; and
(B) for each program of the Department of
Defense that is a special access program, the
information specified in paragraph (2)(B).
(b)(1) Not later than February 1 of each year, the
Secretary of Defense shall submit to the defense committees
a report that, with respect to each new special access
program, provides--
(A) notice of the designation of the program
as a special access program; and
(B) justification for such designation.
(2) A report under paragraph (1) with respect to a
program shall include--
(A) the current estimate of the total
program cost for the program; and
(B) an identification of existing programs
or technologies that are similar to the
technology, or that have a mission similar to
the mission, of the program that is the subject
of the notice.
(3) In this subsection, the term ``new special access
program'' means a special access program that has not
previously been covered in a notice and justification under
this subsection.
[[Page 716]]
(c)(1) Whenever a change in the classification of a
special access program of the Department of Defense is
planned to be made or whenever classified information
concerning a special access program of the Department of
Defense is to be declassified and made public, the Secretary
of Defense shall submit to the defense committees a report
containing a description of the proposed change, the reasons
for the proposed change, and notice of any public
announcement planned to be made with respect to the proposed
change.
(2) Except as provided in paragraph (3), any report
referred to in paragraph (1) shall be submitted not less
than 14 days before the date on which the proposed change or
public announcement is to occur.
(3) If the Secretary determines that because of
exceptional circumstances the requirement of paragraph (2)
cannot be met with respect to a proposed change or public
announcement concerning a special access program of the
Department of Defense, the Secretary may submit the report
required by paragraph (1) regarding the proposed change or
public announcement at any time before the proposed change
or public announcement is made and shall include in the
report an explanation of the exceptional circumstances.
(d) Whenever there is a modification or termination of
the policy and criteria used for designating a program of
the Department of Defense as a special access program, the
Secretary of Defense shall promptly notify the defense
committees of such modification or termination. Any such
notification shall contain the reasons for the modification
or termination and, in the case of a modification, the
provisions of the policy as modified.
(e)(1) The Secretary of Defense may waive any
requirement under subsection (a), (b), or (c) that certain
information be included in a report under that subsection if
the Secretary determines that inclusion of that information
in the report would adversely affect the national security.
Any such waiver shall be made on a case-by-case basis.
(2) If the Secretary exercises the authority provided
under paragraph (1), the Secretary shall provide the
information described in that subsection with respect to the
special access program concerned, and the justification for
the waiver, jointly to the chairman and ranking minority
member of each of the defense committees.
(f) A special access program may not be initiated
until--
(1) the defense committees are notified of
the program; and
(2) a period of 30 days elapses after such
notification is received.
(g) In this section, the term ``defense committees''
means--
(1) the Committee on Armed Services and the
Committee on Appropriations, and the Defense
Subcommittee of the Committee on Appropriations,
of the Senate; and
(2) the Committee on Armed Services and the
Committee on Appropriations, and the
Subcommittee on Defense of the Committee on
Appropriations, of the House of Representatives.
(Added Dec. 4, 1987, Pub. L. 100-180, Div. A,
Title XI, Part D, Sec. 1132(a)(1), 101 Stat.
1151; Nov. 5, 1990, Pub. L. 101-510, Div. A,
Title XIV, Part F, Sec. 1461, Part H,
Sec. 1482(a), 104 Stat. 1698, 1709; Feb. 10,
1996, Pub. L. 104-106, Div. A, Title X, Subtitle
E, Sec. 1055, Title XV, Sec. 1502(a)(4), 110
Stat. 442, 502; Pub. L. 106-65, Div. A, Title X,
Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Dec.
28, 2001, Pub. L. 107-107, Div. A., Title X,
Sec. 1048(a)(2), 115 Stat. 1222.)
[[Page 717]]
Chapter 9.--DEFENSE BUDGET MATTERS
935 Sec. 221. Future-years defense program; submission to
Congress; consistency in budgeting.
(a) The Secretary of Defense shall submit to Congress
each year, at or about the time that the President's budget
is submitted to Congress that year under section 1105(a) of
title 31, a future-years defense program (including
associated annexes) reflecting the estimated expenditures
and proposed appropriations included in that budget. Any
such future-years defense program shall cover the fiscal
year with respect to which the budget is submitted and at
least the four succeeding fiscal years.
(b)(1) The Secretary of Defense shall ensure that
amounts described in subparagraph (A) of paragraph (2) for
any fiscal year are consistent with amounts described in
subparagraph (B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the
following:
(A) The amounts specified in program and
budget information submitted to Congress by the
Secretary in support of expenditure estimates
and proposed appropriations in the budget
submitted to Congress by the President under
section 1105(a) of title 31 for any fiscal year,
as shown in the future-years defense program
submitted pursuant to subsection (a).
(B) The total amounts of estimated
expenditures and proposed appropriations
necessary to support the programs, projects, and
activities of the Department of Defense included
pursuant to paragraph (5) of section 1105(a) of
title 31 in the budget submitted to Congress
under that section for any fiscal year.
(c) Nothing in this section shall be construed to
prohibit the inclusion in the future-years defense program
of amounts for management contingencies, subject to the
requirements of subsection (b). (Added Pub. L. 101-189,
Sec. 1602(a)(1), Nov. 29, 1989, 103 Stat. 1596; amended Pub.
L. 101-510, Sec. 1402(a), Nov. 5, 1990, 104 Stat. 1674;
renumbered Sec. 221 and amended Pub. L. 102-484,
Sec. 1002(c), Oct. 23, 1992, 106 Stat. 2480.)
936 Sec. 222. Future-years mission budget.
(a) Future-years mission budget.--The Secretary of Defense
shall submit to Congress for each fiscal year a future-
years mission budget for the military programs of the
Department of Defense. That budget shall be submitted
for any fiscal year not later than 60 days after the
date on which the President's budget for that fiscal
year is submitted to Congress pursuant to section 1105
of title 31.
(b) Consistency with future-years defense program.--The
future-years mission budget shall be consistent with the
future-years defense program required under section 221
of this title. In the future-years mission budget, the
military programs of the Department of Defense shall be
organized on the basis of major roles, missions, or
forces of the Department of Defense.
[[Page 718]]
(c) Relationship to other defense budget formats.--The
requirement in subsection (a) is in addition to the
requirements in any other provision of law regarding the
format for the presentation regarding military programs
of the Department of Defense in the budget submitted
pursuant to section 1105 of title 31 for any fiscal
year. (Added Oct. 23, 1992, Pub. L. 102-484, Div. A,
Title X, Subtitle A, Sec. 1002(a)(2), 106 Stat. 2480;
Oct. 5, 1994, Pub. L. 103-337, Div. A, Title X, Subtitle
A, Sec. 1004, 108 Stat. 2834.)
937 Sec. 226. Scoring of outlays.
(a) Annual OMB/CBO report.--Not later than December 15 of
each year, the Director of the Office of Management and
Budget and the Director of the Congressional Budget
Office shall submit to the Speaker of the House of
Representatives and the Committees on Armed Services,
Appropriations, and the Budget of the Senate a joint
report containing an agreed resolution of all
differences between--
(1) the technical assumptions to be used
by the Office of Management and Budget in
preparing estimates with respect to all
accounts in major functional category 050
(National Defense) for the budget to be
submitted to Congress in the following year
pursuant to section 1105 of title 31; and
(2) the technical assumptions to be used
by the Congressional Budget Office in
preparing estimates with respect to those
accounts for that budget.
(b) Use of averages.--If the two Directors are unable to
agree upon any technical assumption, the report shall
reflect the average of the relevant outlay rates or
assumptions used by the two offices.
(c) Matters to be included.--The report with respect to a
budget shall identify the following:
(1) The agreed first-year and outyear
outlay rates for each account in budget
function 050 (National Defense) for each
fiscal year covered by the budget.
(2) The agreed amount of outlays
estimated to occur from unexpended
appropriations made for fiscal years before
the fiscal year that begins after submission
of the report.
(Added Pub. L. 102-190, Div. A, Title X, Sec. 1002(a)(1),
Dec. 5, 1991, 105 Stat. 1455, Sec. 221; renumbered Sec. 226,
Pub. L. 102-484, Div. A, Title X, Sec. 1002(a)(1), Oct. 23,
1992, 106 Stat. 2480; amended Pub. L. 103-160, Sec. 1104,
Nov. 30, 1993, 107 Stat. 1749.)
* * * * * * *
Chapter 403.--UNITED STATES MILITARY ACADEMY
938 Sec. 4342. Cadets: appointments; numbers, territorial
distribution.
(a) The authorized strength of the Corps of Cadets of
the Academy (determined for any year as of the day before
the last day of the academic year) is 4,000. Subject to that
limitation, cadets are selected as follows:
(1) 65 cadets selected in order of merit as
established by competitive examinations from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected
[[Page 719]]
disability rated at not less than 100 per centum
resulting from, wounds or injuries received or
diseases contracted in, or preexisting injury or
disease aggravated by, active service, children
of members who are in a ``missing status'' as
defined in section 551(2) of title 37, and
children of civilian employees who are in
``missing status'' as defined in section 5561(5)
of title 5. The determination of the Department
of Veterans Affairs as to service connection of
the cause of death or disability, and the
percentage at which the disability is rated is
binding upon the Secretary of the Army.
(2) Five cadets nominated at large by the
Vice President or, if there is no Vice
President, by the President pro tempore of the
Senate.
(3) Ten cadets from each State, five of whom
are nominated by each Senator from that State.
(4) Five cadets from each congressional
district, nominated by the Representative from
the district.
(5) Five cadets from the District of
Columbia, nominated by the Delegate to the House
of Representatives from the District of
Columbia.
(6) Two cadets from the Virgin Islands,
nominated by the Delegate in Congress from the
Virgin Islands.
(7) Six cadets from Puerto Rico, five of
whom are nominated by the Resident Commissioner
from Puerto Rico and one who is a native of
Puerto Rico nominated by the Governor of Puerto
Rico.
(8) Two cadets from Guam, nominated by the
Delegate in Congress from Guam.
(9) One cadet from American Samoa, nominated
by the Delegate in Congress from American Samoa.
(10) One cadet from the Commonwealth of the
Northern Mariana Islands, nominated by the
resident representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition, there may be appointed each year at the
Academy cadets as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training) and who served continuously on
active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay;
(C) are serving as members of reserve
components and are credited with at least
eight years of service computed under
section 12733 of this title; or
(D) would be, or who died while they
would have been, entitled to retired pay
under Chapter 1223 of this title, except for
not having attained 60 years of age;
[[Page 720]]
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the
Army from enlisted members of the Regular Army.
(3) 85 nominated by the Secretary of the
Army from enlisted members of reserve components
of the Army.
(4) 20 nominated by the Secretary of the
Army, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air Force, and from members of the Reserve
Officers' Training Corps.
(5) 150 selected by the Secretary of the
Army in order of merit (prescribed pursuant to
section 4343 of this title) from qualified
alternates nominated by persons named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as cadets at the
Academy children of persons who have been awarded the Medal
of Honor for acts performed while in the armed forces.
(d) The Superintendent may nominate each year 50 persons
from the country at large. Persons nominated under this
paragraph may not displace any appointment authorized under
clauses (2) through (9) of subsection (a) and may not cause
the total strength of the Corps of Cadets to exceed the
authorized number.
(e) If the annual quota of cadets under subsection (b)
(1), (2), (3) is not filled, the Secretary may fill the
vacancies by nominating for appointment other candidates
from any of these sources who were found best qualified on
examination for admission and not otherwise nominated.
(f) Each candidate for admission nominated under clauses
(3) through (9) of subsection (a) must be domiciled in the
State, or in the congressional district, from which he is
nominated, or in the District of Columbia, Puerto Rico,
American Samoa, Guam, or the Virgin Islands, if nominated
from one of those places.
(g) The Secretary of the Army may limit the number of
cadets authorized to be appointed under this section to the
number that can be adequately accommodated at the Academy,
as determined by the Secretary after consulting with the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives, subject
to the following:
(1) Cadets chargeable to each nominating
authority named in subsection (a) (3) or (4) may
not be limited to less than four.
(2) If the Secretary limits the number of
appointments under subsection (a) (3) or (4),
appointments under subsection (b)(1)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(1);
(B) 27 appointments under subsection
(b)(2);
(C) 27 appointments under subsection
(b)(3); and
(D) 13 appointments under subsection
(b)(4).
(3) If the Secretary limits the number of
appointments under subsection (b)(5),
appointments under subsection (b)(2)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(2);
(B) 27 appointments under subsection
(b)(3); and
[[Page 721]]
(C) 13 appointments under subsection
(b)(4).
(4) The limitations provided for in this
subsection do not affect the operation of
subsection (e).
(h) The Secretary of the Army shall furnish to any
Member of Congress, upon the written request of such Member,
the name of the Congressman or other nominating authority
responsible for the nomination of any named or identified
person for appointment to the Academy.
(i) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of the Corps
of Cadets, the Secretary of the Army may for any year
(beginning with the 2001-2002 academic year) permit a
variance in that limitation by not more than one percent. In
applying that limitation, and any such variance, the last
day of an academic year shall be considered to be graduation
day.
(Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 240; Sept. 2,
1958, Pub. L. 85-861, Sec. 33(a)(26), 72 Stat. 1565; Sept.
14, 1962, Pub. L. 87-663, Sec. 1(1), (2), 76 Stat. 547;
March 3, 1964, Pub. L. 88-276, Sec. 1(1), 78 Stat. 148; Oct.
13, 1966, Pub. L. 89-650, Sec. 1(1)-(4), 80 Stat. 896; July
5, 1968, Pub. L. 90-374, 82 Stat. 283; Oct. 22, 1968, Pub.
L. 90-623, Sec. 2(8), 82 Stat. 1314; Sept. 22, 1970, Pub. L.
91-405, Title II, Sec. 204(c), 84 Stat. 852, Aug. 7, 1972,
Pub. L. 92-365, Sec. 1, 86 Stat. 505; Nov. 29, 1973, Pub. L.
93-171, Sec. 1(1)-(4), 87 Stat. 690; Oct. 7, 1975, Pub. L.
94-106, Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 12,
1980, Pub. L. 96-513, Title V, Part B, Sec. 512(13), 94
Stat. 2930; Dec. 24, 1980, Pub. L. 96-600, Sec. 2(a), 94
Stat. 3493; Oct. 14, 1981, Pub. L. 97-60, Title II,
Sec. 203(a)(1), 95 Stat. 1006; Sept. 24, 1983, Pub. L. 98-
94, Title X, Part A, Sec. 1005(a)(1), (b)(1), 97 Stat. 660;
Nov. 29, 1989, Pub. L. 101-189, Div. A, Title XVI, Part C,
Sec. 1621(a)(1), 103 Stat. 1602; Nov. 5, 1990, Pub. L. 101-
510, Div. A, Title V, Part C, Sec. 532(a)(1), 104 Stat.
1563; Nov. 30, 1993, Pub. L. 103-160, Div. A, Title V,
Subtitle C, Sec. 531, 107 Stat. 1657; Oct. 5, 1994, Pub. L.
103-337, Div. A, Title XVI, Subtitle C, Sec. 1672(c)(3), 108
Stat. 3015; Feb. 10, 1996, Pub. L. 104-106, Div. A, Title V,
Subtitle D, Part I, Sec. 532(a), Title XV, Sec. 1502(a)(1),
110 Stat. 314, 502; Nov. 18, 1997, Pub. L. 105-85, Div. A,
Title X, Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903; Pub.
L. 106-65, Div. A, Title V, Sec. 531(b)(1), Title X,
Sec. 1067(1), Oct. 5, 1999, 113 Stat. 602, 774; Oct. 30,
2000, Pub. L. 106-398, Sec. 1 [Div. A, Title V, Sec. 531(a),
114 Stat. 1654A-109].
939 Sec. 4355. Board of Visitors.
(a) A Board of Visitors to the Academy is constituted
annually of--
(1) the chairman of the Committee on Armed
Services of the Senate, or his designee;
(2) three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate;
(3) the chairman of the Committee on Armed
Services of the House of Representatives, or his
designee;
(4) four other members of the House of
Representatives designated by the Speaker of the
House of Representatives, two of whom are
members of the Committee on Appropriations of
the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
appointed. The President shall
[[Page 722]]
designate two persons each year to succeed the members whose
terms expire that year.
(c) If a member of the Board dies or resigns, a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
(d) The Board shall visit the Academy annually. With the
approval of the Secretary of the Army, the Board or its
members may make other visits to the Academy in connection
with the duties of the Board or to consult with the
Superintendent of the Academy.
(e) The Board shall inquire into the morale and
discipline, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating
to the Academy that the Board decides to consider.
(f) Within 60 days after its annual visit, the Board
shall submit a written report to the President of its
action, and of its views and recommendations pertaining to
the Academy. Any report of a visit, other than the annual
visit, shall, if approved by a majority of the members of
the Board, be submitted to the President within 60 days
after the approval.
(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.
(h) While performing his duties, each member of the
Board and each adviser shall be reimbursed under Government
travel regulations for his travel expenses. (Aug. 10, 1956,
ch. 1041, 70A Stat. 245; Dec. 23, 1980, Pub. L. 96-579,
Sec. 13(a), 94 Stat. 3369; Pub. L. 104-106, Div. A, Title X,
Sec. 1061(e)(2), Title XV, Sec. 1502(a)(12), Feb. 10, 1996,
110 Stat. 443, 503; Pub. L. 106-65, Div. A, Title X,
Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
Chapter 443.--DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL
940 Sec. 4689. Transfer of material and equipment to Architect.
The Secretary of the Army is authorized to transfer,
without payment, to the Architect of the Capitol, such
material and equipment, not required by the Department of
the Army, as the Architect may request for use at the
Capitol powerplant, the Capitol Building, and the Senate and
House Office Buildings. (June 5, 1920, ch. 253, Sec. 1, 41
Stat. 1035; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
Chapter 603.--UNITED STATES NAVAL ACADEMY
941 Sec. 6954. Midshipmen: number.
(a) The authorized strength of the Brigade of Midshipmen
(determined for any year as of the day before the last day
of the academic year) is 4,000. Subject to that limitation,
midshipmen are selected as follows:
(1) 65 selected in order of merit as
established by competitive examination from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from, wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined
[[Page 723]]
in section 5561(5) of title 5. The determination
of the Department of Veterans Affairs as to
service connection of the cause of death or
disability, and the percentage at which the
disability is rated, is binding upon the
Secretary of the Navy.
(2) Five nominated at large by the Vice
President or, if there is no Vice President, by
the President pro tempore of the Senate.
(3) Ten from each State, five of whom are
nominated by each Senator from that State.
(4) Five nominated by each Representative in
Congress.
(5) Five from the District of Columbia,
nominated by the Delegate to the House of
Representatives from the District of Columbia.
(6) Two from the Virgin Islands, nominated
by the Delegate in Congress from the Virgin
Islands.
(7) Six from Puerto Rico, five of whom are
nominated by the Resident Commissioner from
Puerto Rico and one who is native of Puerto Rico
nominated by the Governor of Puerto Rico.
(8) Two from Guam, nominated by the Delegate
in Congress from Guam.
(9) One from American Samoa, nominated by
the Delegate in Congress from American Samoa.
(10) One from the Commonwealth of the
Northern Mariana Islands, nominated by the
resident representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition there may be appointed each year at the
Academy midshipmen as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training) and who have served continuously
on active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay;
(C) are serving as members of reserve
components and are credited with at least
eight years of service computed under
section 12733 of this title; or
(D) would be, or who died while they
would have been, entitled to retired pay
under Chapter 1223 of this title, except for
not having attained 60 years of age;
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the
Navy from enlisted members of the Regular Navy
and the Regular Marine Corps.
(3) 85 nominated by the Secretary of the
Navy from enlisted members of the Naval Reserve
and the Marine Corps Reserve.
(4) 20 nominated by the Secretary of the
Navy, under regulations prescribed by him, from
the honor graduates of schools designated
[[Page 724]]
as honor schools by the Department of the Army,
the Department of the Navy, or the Department of
the Air Force, and from members of the Naval
Reserve Officers' Training Corps.
(5) 150 selected by the Secretary of the
Navy in order of merit (prescribed pursuant to
section 6956 of this title) from qualified
alternates nominated by person named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as midshipmen at the
Academy children of persons who have been awarded the medal
of honor for acts performed while in the armed forces.
(d) The Superintendent of the Naval Academy may nominate
for appointment each year 50 persons from the country at
large. Persons nominated under this paragraph may not
displace any appointment authorized under clauses (2)
through (8) of subsection (a) and may not cause the total
strength of midshipmen at the Navy Academy to exceed the
authorized number.
(e) The Secretary of the Navy may limit the number of
midshipmen appointed under section (b)(5). When he does so,
if the total number of midshipmen, upon admission of a new
class at the Academy, will be more than 3,737, no
appointment may be made under subsection (b)(2) or (3) of
this section or section 6956 of this title.
(f) The Secretary of the Navy shall furnish to any
Member of Congress, upon the written request of such Member,
the name of the Congressman or other nominating authority
responsible for the nomination of any named or identified
person for appointment to the Academy.
(g) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of the
Brigade of Midshipmen, the Secretary of the Navy may for any
year permit a variance in that limitation by not more than
one percent. In applying that limitation, and any such
variance, the last day of an academic year shall be
considered to be graduation day. (Aug. 10, 1956, ch. 1041,
Sec. 1, 70A Stat. 429; Sept. 7, 1962, Pub. L. 87-651, Title
I, Sec. 124, 76 Stat. 514; Sept. 14, 1962, Pub. L. 87-663,
Sec. 1(3), 76 Stat. 547; March 3, 1964, Pub. L. 88-276,
Sec. 2, 78 Stat. 150; Oct. 13, 1996, Pub. L. 89-650,
Sec. 1(1)-(3), 80 Stat. 896; July 5, 1968, Pub. L. 90-374,
82 Stat. 283; Oct. 22, 1968, Pub. L. 90-623, Sec. 2(8), 82
Stat. 1314; Sept. 22, 1970, Pub. L. 91-405, Title II,
Sec. 204(c), 84 Stat. 852; Aug. 7, 1972, Pub. L. 92-365,
Sec. 2, 86 Stat. 505; Nov. 29, 1973, Pub. L. 93-171,
Sec. 2(1)-(3), 87 Stat. 690; Oct. 7, 1975 Pub. L. 94-106,
Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 24, 1980,
Pub. L. 96-600, Sec. 2(b), 94 Stat. 3493; Oct. 14, 1981,
Pub. L. 97-60, Title II, Sec. 203(b)(2), 95 Stat. 1006; Oct.
12, 1982, Pub. L. 97-295, Sec. 1(44), 96 Stat. 1298; Sept.
24, 1983, Pub. L. 98-94, Title X, Part A, Sec. 1005(a)(2),
(b)(2), 97 Stat. 660; Nov. 29, 1989, Pub. L. 101-189, Div.
A, Title XVI, Part C, Sec. 1621(a)(1), 103 Stat. 1602; Nov.
5, Pub. L. 101-510, Div. A, Title V, Part C, Sec. 532(b)(1),
104 Stat. 1563; Nov. 30, 1993, Pub. L. 103-160, Div. A.
Title V, Subtitle C, Sec. 531, 107 Stat. 1657; Oct. 5, 1994,
Pub. L. 103-337, Div. A, Title XVI, Subtitle C,
Sec. 1673(c)(2), 108 Stat. 3016; Feb. 10, 1996, Pub. L. 104-
106, Div. A, Title V, Subtitle D, Part I, Sec. 532(b), 110
Stat. 314; Nov. 18, 1997, Pub. L. 105-85, Div. A, Title X,
Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903; Oct. 5, 1999,
Pub. L. 106-65, Div. A., Title V, Sec. 531(b)(2), 113 Stat.
602; Oct. 30, 2000; Pub. L. 106-398, Sec. 1 [Div. A, Title
V, Sec. 531 (b),
[[Page 725]]
114 Stat. 1654A-109]; Dec. 28, 2001, Pub. L. 107-107, Div.
A, Title X, Sec. 1048(g)(1), 115 Stat. 1228.
942 Sec. 6956. Midshipmen: nomination and selection to fill
vacancies.
(a) If the annual quota of midshipmen from--
(1) enlisted members of the Regular Navy and
the Regular Marine Corps;
(2) enlisted members of the Naval Reserve
and the Marine Corps Reserve; or
(3) at large by the President;
is not filled, the Secretary may fill the vacancies by
nominating for appointment other candidates from any of
these sources who were found best qualified on examination
for admission and not otherwise nominated.
(b) If it is determined that, upon the admission of a
new class to the Academy, the number of midshipmen at the
Academy will be below the authorized number, the Secretary
may fill the vacancies by nominating additional midshipmen
from qualified candidates designated as alternates and from
other qualified candidates who competed for nomination and
are recommended and found qualified by the Academic Board.
At least three-fourths of those nominated under this
subsection shall be from qualified alternates under clauses
(2) through (8) of section 6954(a) of this title, and the
remainder shall be from qualified candidates who competed
for appointment under any other provision of law. An
appointment of a nominee under this subsection is an
additional appointment and is not in place of an appointment
otherwise authorized by law.
(c) The failure of a member of a graduating class to
complete the course with his class does not delay the
appointment of his successor. (Aug. 10, 1956, ch. 1041, 70A
Stat. 430; March. 3, 1964, Pub. L. 88-276, Sec. 3, 78 Stat.
151; July 5, 1968, Pub. L. 90-374, 82 Stat. 283; Nov. 29,
1973, Pub. L. 93-171, Sec. 2(4), 87 Stat. 690; Oct. 7, 1975,
Pub. L. 94-106, Title VIII, Sec. 803(b)(2), 89 Stat. 538;
Oct. 14, 1981, Pub. L. 97-60, Title II, Sec. 206, 95 Stat.
1007; Nov. 5, 1990, Pub. L. 101-510, Sec. 1322(a), 104 Stat.
1671, Sec. 532(b), 104 Stat. 1563, 1671; Nov. 5, 1990, Pub.
L. 101-510, Sec. 532(b)(2), Sec. 1322(a)(14), 104 Stat.
1563, 1671.)
943 Sec. 6968. Board of Visitors.
(a) A Board of Visitors to the Naval Academy is
constituted annually of--
(1) the chairman of the Committee on Armed
Services of the Senate, or his designee;
(2) three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate;
(3) the chairman of the Committee on Armed
Services of the House of Representatives, or his
designee;
(4) four other members of the House of
Representatives designated by the Speaker of the
House of Representatives, two of whom are
members of the Committee on Appropriations of
the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall
[[Page 726]]
continue to serve until his successor is appointed. The
President shall designate two persons each year to succeed
the members whose terms expire that year.
(c) If a member of the Board dies or resigns, a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
(d) The Board shall visit the Academy annually. With the
approval of the Secretary of the Navy, the Board or its
members may make other visits to the Academy in connection
with the duties of the Board or to consult with the
Superintendent of the Academy.
(e) The Board shall inquire into the state of morale and
discipline, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating
to the Academy that the Board decides to consider.
(f) Within 60 days after its annual visit, the Board
shall submit a written report to the President of its action
and of its views and recommendations pertaining to the
Academy. Any report of a visit, other than the annual visit,
shall, if approved by a majority of the members of the
Board, be submitted to the President within 60 days after
the approval.
(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.
(h) While performing his duties, each member of the
Board and each adviser shall be reimbursed under Government
travel regulations for his travel expenses. (Aug. 10, 1956,
ch. 1041, Sec. 1, 70A Stat. 434; Dec. 23, 1980, Pub. L. 96-
579, Sec. 13(b), 94 Stat. 3369; Feb. 10, 1996, Pub. L. 104-
106, Div. A, Title X, Subtitle F, Sec. 1061(c)(2), Title XV,
Sec. 1502(a)(12), 110 Stat. 443, 503; Pub. L. 106-65, Div.
A, Title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
Chapter 903.--UNITED STATES AIR FORCE ACADEMY
944 Sec. 9342. Cadets: appointment; numbers, territorial
distribution.
(a) The authorized strength of Air Force Cadets of the
Academy (determined for any year as of the day before the
last day of the academic year) is 4,000. Subject to that
limitation, Air Force Cadets are selected as follows:
(1) 65 cadets selected in order or merit as
established by competitive examination from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined in
section 5561(5) of title 5. The determination of
the Department of Veterans Affairs as to service
connection of the cause of death or disability,
and the percentage at which the disability is
rated is binding upon the Secretary of the Air
Force.
(2) Five cadets nominated at large by the
Vice President or, if there is no Vice
President, by the President pro tempore of the
Senate.
(3) Ten cadets from each State, five of whom
are nominated by each Senator from that State.
[[Page 727]]
(4) Five cadets from each congressional
district, nominated by the Representative from
the district.
(5) Five cadets from the District of
Columbia, nominated by the Delegate to the House
of Representatives from the District of
Columbia.
(6) Two cadets from the Virgin Islands,
nominated by the Delegate in Congress from the
Virgin Islands.
(7) Six cadets from Puerto Rico, five of
whom are nominated by the Resident Commissioner
from Puerto Rico and one who is a native of
Puerto Rico nominated by the Governor of Puerto
Rico.
(8) Two cadets from Guam, nominated by the
Delegate in Congress from Guam.
(9) One cadet from American Samoa, nominated
by the Delegate in Congress from American Samoa.
(10) One cadet from the Commonwealth of the
Northern Mariana Islands, nominated by the
residents representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition, there may be appointed each year at the
Academy cadets as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training) and who have served continuously
on active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay;
(C) are serving as members of reserve
components and are credited with at least
eight years of service computed under
section 12733 of this title; or
(D) would be, or who died while they
would have been, entitled to retired pay
under Chapter 1223 of this title, except for
not having attained 60 years of age;
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the Air
Force from enlisted members of the Regular Air
Force.
(3) 85 nominated by the Secretary of the Air
Force from enlisted members of reserve
components of the Air Force.
(4) 20 nominated by the Secretary of the Air
Force, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air Force, and from members of the Air Force
Reserve Officers' Training Corps.
(5) 150 selected by the Secretary of the Air
Force in order of merit (prescribed pursuant to
section 9343 of this title) from quali
[[Page 728]]
fied alternates nominated by persons named in
clauses (3) and (4) of subsection (a).
(c) The President may also appoint as cadets
at the Academy children of persons who have been
awarded the Medal of Honor for acts performed
while in the armed forces.
(d) The Superintendent may nominate for
appointment each year 50 persons from the
country at large. Persons nominated under this
paragraph may not displace any appointment
authorized under clauses (2) through (9) of
subsection (a) and may not cause the total
strength of Air Force Cadets to exceed the
authorized number.
(e) If the annual quota of cadets under
subsection (b) (1), (2), or (3) is not filled,
the Secretary may fill the vacancies by
nominating for appointment other candidates from
any of these sources who were found best
qualified on examination for admission and not
otherwise nominated.
(f) Each candidate for admission nominated
under clauses (3) through (9) of subsection (a)
must be domiciled in the State, or in the
congressional district, from which he is
nominated, or in the District of Columbia,
Puerto Rico, American Samoa, Guam, or the Virgin
Islands, if nominated from one of those places.
(g) The Secretary of the Air Force may limit
the number of cadets authorized to be appointed
under this section to the number that can be
adequately accommodated at the Academy as
determined by the Secretary after consulting
with the Committee on Armed Services of the
Senate and the Committee on Armed Services of
the House of Representatives, subject to the
following:
(1) Cadets chargeable to each nominating
authority named in subsection (a) (3) or (4) may
not be limited to less than four.
(2) If the Secretary limits the number of
appointments under subsection (a) (3) or (4),
appointments under subsection (b)(1)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(1);
(B) 27 appointments under subsection
(b)(2);
(C) 27 appointments under subsection
(b)(3); and
(D) 13 appointments under subsection
(b)(4).
(3) If the Secretary limits the number of
appointments under subsection (b)(5),
appointment under subsection (b)(2)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(2);
(B) 27 appointments under subsection
(b)(3); and
(C) 13 appointments under subsection
(b)(4).
(4) The limitations provided for in this
subsection do not affect the operation of
subsection (e).
(h) The Secretary of the Air Force shall furnish to any
Member of Congress, upon the written request of such Member,
the name of the Congressman or other nominating authority
responsible for the nomination of any named or identified
person for appointment to the Academy.
(i) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of Air Force
Cadets, the Secretary of the Air Force may for any year
permit a variance in that limitation by not more than one
percent. In applying that limitation, and any such variance,
the last day of an academic year shall be considered to be
graduation day.
[[Page 729]]
(Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 563; Sept. 14,
1962, Pub. L. 87-663, Sec. 1(5), (6), 76 Stat. 547; March 3,
1964, Pub. L. 88-276, Sec. 4(1), 78 Stat. 151; Oct. 13,
1966, Pub. L. 89-650, Sec. 1(1)-(3), (5), 80 Stat. 896; July
5, 1968, Pub. L. 90-374, 82 Stat. 283; Oct. 22, 1968, Pub.
L. 90-623, Sec. 2(8), 82 Stat. 1314; Sept. 22, 1970, Pub. L.
91-405, Title II, Sec. 204(c), 84 Stat. 852; Aug. 7, 1972,
Pub. L. 92-365, Sec. 1(3), 86 Stat. 505; Nov. 29, 1973, Pub.
L. 93-171, Sec. 3(1)-(4), 87 Stat. 690; Oct. 7, 1975, Pub.
L. 94-106, Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec.
12, 1980, Pub. L. 96-513, Title V, Part B, Sec. 514(11), 94
Stat. 2935; Dec. 4, 1980, Pub. L. 96-600, Sec. 2(c), 94
Stat. 3493; Oct. 14, 1981, Pub. L. 97-60, Title II,
Sec. 203(c)(1), 95 Stat. 1006; Sept. 24, 1983, Pub. L. 98-
94, Title X, Part A, Sec. 1005(a)(3), (b)(3), 97 Stat. 660,
661; Nov. 29, 1989, Pub. L. 101-189, Div. A, Title XVI, Part
C, Sec. 1621(a)(1), 103 Stat. 1602; Nov. 5, 1990, Pub. L.
101-510, Div. A, Title V, Part C, Sec. 532(c)(1), 104 Stat
1563; Nov. 30, 1993, Pub. L. 103-160, Div. A, Title V,
Subtitle C, Sec. 531, 107 Stat. 1657; Oct. 5, 1994, Pub. L.
103-337, Div. A, Title XVI, Subtitle D, Sec. 1674(c)(3), 108
Stat. 3017; Feb. 10, 1996, Pub. L. 104-106, Div. A, Title V,
Subtitle D, Part I, Sec. 532(c), Title XV, Sec. 1502(a)(1),
110 Stat. 315, 502; Nov. 18, 1997, Pub. L. 105-85, Div. A,
Title X, Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903; Pub.
L. 106-65, Div. A, Title V, Sec. 531(b)(3), Title X,
Sec. 1067(1), Oct. 5, 1999, 113 Stat. 602, 774; Oct. 30,
2000, Pub. L. 106-398, Sec. 1 [Div. A, Title V, Sec. 531(c)
114 Stat. 1654A-110].
945 Sec. 9355. Board of Visitors.
(a) A Board of Visitors to the Academy is constituted
annually of--
(1) the chairman of the Committee on Armed
Services of the Senate, or his designee;
(2) three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate;
(3) the Chairman of the Committee on Armed
Services of the House of Representatives, or his
designee;
(4) four other members of the House of
Representatives designated by the Speaker of the
House of Representatives, two of whom are
members of the Committee on Appropriations of
the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
appointed. The President shall designate two persons each
year to succeed the members whose terms expire that year.
(c) If a member of the board dies or resigns, a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
(d) The Board shall visit the Academy annually. With the
approval of the Secretary of the Air Force, the Board or its
members may make other visits to the Academy in connection
with the duties of the Board or to consult with the
Superintendent of the Academy.
(e) The Board shall inquire into the morale and
discipline, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating
to the Academy which the Board decides to consider.
[[Page 730]]
(f) Within 60 days after its annual visit, the Board
shall submit a written report to the President of its
action, and of its views and recommendations pertaining to
the Academy. Any report of a visit, other than the annual
visit, shall, if approved by a majority of the members of
the Board, be submitted to the President within 60 days
after the approval.
(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.
(h) While performing his duties, each member of the
board and each adviser be reimbursed under Government travel
regulations for his travel expenses. (Aug. 10, 1956, ch.
1041, Sec. 1, 70A Stat. 567; Dec. 23, 1980, Pub. L. 95-579,
Sec. 13(c), 94 Stat. 3369; Feb. 10, 1996, Pub. L. 104-106,
Div A, Title X, Subtitle F, Sec. 1061(e)(2), Title XV,
Sec. 1502(a)(12), 110 Stat. 443, 503; Pub. L. 106-65, Div.
A, Title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
Chapter 1013.--BUDGET INFORMATION AND ANNUAL REPORTS TO
CONGRESS
946 Sec. 10541. National Guard and reserve component equipment:
annual report to Congress.
(a) The Secretary of Defense shall submit to the
Congress each year, not later than February 15, a written
report concerning the equipment of the National Guard and
the reserve components of the armed forces for each of the
three succeeding fiscal years.
(b) Each report under this section shall include the
following:
(1) Recommendations as to the type and
quantity of each major item of equipment which
should be in the inventory of the Selected
Reserve of the Ready Reserve of each reserve
component of the armed forces.
(2) A statement of the quantity and average
age of each type of major item of equipment
which is expected to be physically available in
the inventory of the Selected Reserve of the
Ready Reserve of each reserve component as of
the beginning of each fiscal year covered by the
report.
(3) A statement of the quantity and cost of
each type of major item of equipment which is
expected to be procured for the Selective
Reserve of the Ready Reserve of each reserve
component from commercial sources or to be
transferred to each such Selected Reserve from
the active-duty components of the armed forces.
(4) A statement of the quantity of each type
of major item of equipment which is expected to
be retired, decommissioned, transferred, or
otherwise removed from the physical inventory of
the Selected Reserve of the Ready Reserve of
each reserve component and the plans for
replacement of that equipment.
(5) A listing of each major item of
equipment required by the Selected Reserve of
the Ready Reserve of each reserve component
indicating--
(A) the full war-time requirement of
that component for that item, shown in
accordance with deployment schedules and
requirements over successive 30-day periods
following mobilization;
(B) the number of each such item in the
inventory of the component;
[[Page 731]]
(C) a separate listing of each such item
in the inventory that is a deployable item
and is not the most desired item;
(D) the number of each such item
projected to be in the inventory at the end
of the third succeeding fiscal year; and
(E) the number of nondeployable items in
the inventory as a substitute for a required
major item of equipment.
(6) A narrative explanation of the plan of
the Secretary concerned to provide equipment
needed to fill the war-time requirement for each
major item of equipment to all units of the
Selected Reserve, including an explanation of
the plan to equip units of the Selected Reserve
that are short of major items of equipment at
the outset of war.
(7) For each item of major equipment
reported under paragraph (3) in a report for one
of the three previous years under this section
as an item expected to be procured for the
Selected Reserve or to be transferred to the
Selected Reserve, the quantity of such equipment
actually procured for or transferred to the
Selected Reserve.
(8) A statement of the current status of the
compatibility of equipment between Army reserve
components and active forces of the Army, the
effect of that level of incompatibility on
combat effectiveness, and a plan to achieve full
equipment compatibility.
(c) Each report under this section shall be expressed in
the same format and with the same level of detail as the
information presented in the annual Five Year Defense
Program Procurement Annex prepared by the Department of
Defense. (Added Pub. L. 101-510, Sec. 1483(a), Nov. 5, 1990,
104 Stat. 1714 [former Sec. 115(a)(2), (3)]; amended Pub. L.
102-484, Sec. 1134, Oct. 23, 1992, 106 Stat. 2541;
transferred, redesignated Sec. 10541, and amended Pub. L.
103-337, Sec. 1661(d)(2), Oct. 5, 1994, 108 Stat. 2982.)