    [United States Senate Manual, 104th Congress]
    [S. Doc. 104-1]
    [USCODETITLE]
    [Pages 632-652]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 632]]

                                   TITLE 10.--ARMED FORCES

                              Chapter 2.--DEPARTMENT OF DEFENSE

                                        * * * * * * *

           441  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 therefor 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 133 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.

    [[Page 633]]

                    (d) Funds may be appropriated for the armed forces for
                use as an emergency fund for research, development, test,
                and evaluation, or related 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.
          44.1  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.
                                (3) The average military training student
                            loads for each of the armed forces (other than
                            the Coast Guard).
                    (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;
                                (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; or
                                (3) training military personnel in the
                            training categories described in subsection (f)
                            of any of the armed forces (other than the Coast
                            Guard) unless the average student load of that
                            armed force 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 0.5 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.
                    (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 673 of this title.
                                (2) Members of the Selected Reserve of the
                            Ready Reserve ordered to active duty under
                            section 673b of this title.
                                (3) Members of the National Guard called
                            into Federal service under section 3500 or 8500
                            of this title.
                                (4) Members of the militia called into
                            Federal service under chapter 15 of this title.

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                                (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.
                    (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) Authorization under subsection (a)(3) is not
                required for unit or crew training student loads, but is
                required for student loads for the following individual
                training categories:
                                (1) Recruit and specialized training.
                                (2) Flight training.
                                (3) Professional training in military and
                            civilian institutions.
                                (4) Officer acquisition training.

                (Added Pub. L. 99-433, Sec. 110(b), Oct. 1, 1986, 100 Stat.
                1002 [former Sec. 138(b)-(d)], and amended Pub. L. 99-661,
                Sec. 413, Nov. 14, 1986, 100 Stat. 3861; Pub. L. 100-26,
                Sec. 7(j)(2), April 21, 1987, 101 Stat. 283; Pub. L. 100-
                456, Sec. 641, Sept. 29, 1988, 102 Stat. 1987; revised in
                entirety Pub. L. 101-510, Sec. 1483(a), Nov. 5, 1990, 104
                Stat. 1710; and amended Pub. L. 102-190, Sec. 312(a), Dec.
                5, 1991, 105 Stat. 1335.)

        441.1a  Sec. 115a. Annual manpower requirements report.
                    (a) The Secretary of Defense shall submit to Congress,
                not later than February 15 of each fiscal year, an annual
                manpower requirements report. The report shall be in writing
                and 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.
                                (C) Area of deployment and illustrative
                            areas of potential deployment, including a
                            description of any United States commitment to
                            defend such areas.
                    (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:
                                (1) The manpower required for support and
                            overhead functions within the armed forces and
                            the Department of Defense.

    [[Page 635]]

                                (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) In each such report, the Secretary shall also--
                                (1) identify, define, and group by mission
                            and by region the types of military bases,
                            installations, and facilities;
                                (2) provide an explanation and justification
                            of the relationship between this base structure
                            and the proposed military force structure; and
                                (3) provide a comprehensive identification
                            of base operating support costs and an
                            evaluation of possible alternatives to reduce
                            those costs.
                    (e) 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 numbers 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 number 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.

                                (4) An analysis of the distribution of each
                            of the following categories of officers serving
                            on active duty on the last day of the preceding
                            fiscal year by grade in which serving and years
                            of active commissioned service:

                                    (A) Regular officers.

                                    (B) Reserve officers on the active-duty
                                list.

                                    (C) Reserve officers described in
                                clauses (B) and (C) of section 523(b)(1) of
                                this title.

                                    (D) Officers other than those specified
                                in subparagraphs (A), (B), and (C) serving
                                in a temporary grade.

                                (5) An analysis of the number of officers
                            and enlisted members serving on active duty for
                            training as of the last day of the preceding
                            fiscal year under orders specifying an aggregate
                            period in excess of 180 days and an estimate for
                            the current fiscal year of the number that will
                            be ordered to such duty, tabulated by--

                                    (A) recruit and specialized training;

    [[Page 636]]

                                    (B) flight training;

                                    (C) professional training in military
                                and civilian institutions; and

                                    (D) officer acquisition training.

                    (f) In each such report, the Secretary shall also
                include recommendations for the average student load for
                each category of training for each component of the armed
                forces for the next three fiscal years. The Secretary shall
                include in the report justification for, and explanation of,
                the average student loads recommended.
                    (g)(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.

                (Added Pub. L. 101-510, Sec. 1483(a), Nov. 5, 1990, 104
                Stat. 1711 [former Sec. 115 (b)(1)(D), (b)(3), (c)(2)], and
                amended Pub. L. 102-190, Sec. 1061(a)(1), Dec. 5, 1991, 105
                Stat. 1472.)

         441.2  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:

    [[Page 637]]

                                (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 such subsection 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.

                (Pub. L. 93-155, Title VIII, Sec. 803(a), Nov. 16, 1973, 87
                Stat. 612; Pub. L. 94-106, Title VIII, Sec. 801(a), Oct. 7,
                1975, 89 Stat. 537; Pub. L. 94-361, Title III, Sec. 302,
                July 14, 1976, 90 Stat. 924; Pub. L. 96-107, Title III,
                Sec. 303(b), Nov. 9, 1979, 93 Stat. 806; Pub. L. 96-342,
                Title X, Sec. 1001(a)(1), (b)-(d)(1), Sept. 8, 1980, 94
                Stat. 1117-1119; Pub. L. 96-513, Title I, Sec. 102, Title V,
                Sec. 511(4), Dec. 12, 1980, 94 Stat. 2840, 2920; Pub. L. 97-
                22, Title III, Sec. 2(b), July 10, 1981, 95 Stat. 124; Pub.
                L. 97-86, Title III, Sec. 302, Title IX, Secs. 901(a),
                902, 903, Dec. 1, 1981, 95 Stat. 1104, 1113, 1114; Pub. L.
                97-113, Title I, Sec. 108(b), Dec. 29, 1981, 95 Stat. 1524;
                Pub. L. 97-214, Sec. 4, July 12, 1982, 96 Stat. 170; Pub. L.
                97-252, Title IV, Sec. 402(a), Title XI, Secs. 1103,
                1105, Sept. 8, 1982, 96 Stat. 725, 738, 739; Pub. L. 97-295,
                Sec. 1(3), (4), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 99-
                145, Title XII, Sec. 1208, Nov. 8 1985, 99 Stat. 723, 743;
                Pub. L. 99-433, Title I, Secs. 101(a) (2), 110(b), Oct.
                1, 1986, 100 Stat. 1002; Pub. L. 99-661, Div. A, Title I,
                Sec. 105(d), Title IV, Secs. 411(c), 413, Title XIII,
                Sec. 1304(a), Nov. 14, 1986, 100 Stat. 3827, 3861, 3862,
                3979.)

                                      Note

                    Sections 114, 115, and 116 of title 10, United States
                Code (set out above), comprised section 138 of such title
                before that section was redesignated and amended by Public
                Law 99-661.
        441.2a  Sec. 119. Special access programs: congressional oversight.
                    (a)(1) Not later than February 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 which 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

    [[Page 638]]

                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.
                    (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.

    [[Page 639]]

                    (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 of
                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 Committees on Armed Services and
                            Appropriations of the Senate and House of
                            Representatives; and
                                (2) the Defense Subcommittees of the
                            Committees on Appropriations of the Senate and
                            House of Representatives. (Added Pub. L. 100-
                            180, Div. A, Title XI, Sec. 1132(a)(1), Dec. 4,
                            1987, 101 Stat. 1151, and amended Pub. L. 101-
                            510, Div. A, Title XIV, Secs. 1461, 1482(a),
                            Nov. 5, 1990, 104 Stat. 1698, 1709.)

                                        * * * * * * *

                             Chapter 9.--DEFENSE BUDGET MATTERS

        441.2b  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 contin-

    [[Page 640]]

                gencies, 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.)
        441.2c  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 at the same time that 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.
                (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 Pub. L. 102-484, Div. A, Title X,
                    Sec. 1002(a)(2), Oct. 23, 1992, 106 Stat. 2480.)
        441.2d  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.

    [[Page 641]]

                                (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

         441.5  Sec. 4342. Cadets: appointments; numbers, territorial
                    distribution.
                    (a) The authorized strength of the Corps of Cadets of
                the Academy is 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 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.

                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 purposes of selection
                under other provisions of this chapter.

    [[Page 642]]

                    (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, other than those granted
                                retired pay under section 12731 of this
                                title (or under section 1331 of this title
                                as in effect before the effective date of
                                the Reserve Officer Personnel Management
                                Act);

                        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 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 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
                Committees on Armed Services of the Senate and 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.

    [[Page 643]]

                                (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) 26 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

                                    (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 requests of such
                Member, the name of the Congressman or other nominating
                authority responsible for nomination of any named or
                identified person for appointment to the Academy. (Aug. 10,
                1956, ch. 1041, 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; Mar. 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; Sept. 22, 1970, Pub. L. 91-405,
                Sec. 204(c), 84 Stat. 852; Aug. 7, 1972, Pub. L. 92-365,
                Sec. 1(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, 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,
                Sec. 1005(a)(1) and (b)(1), 97 Stat. 660; Nov. 5, 1990, Pub.
                L. 101-510, Sec. 532, 104 Stat. 1563; Nov. 30, 1993,
                Sec. 531 Pub. L. 103-160, 107 Stat. 1657; Oct. 5, 1994, Pub.
                L. 103-337, Sec. 1672(c)(3), 108 Stat. 3015.)
           442  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 designate two persons each
                year to succeed the members whose terms expire that year.

    [[Page 644]]

                    (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 is entitled to not more than $5 a day
                and 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.)

                          Chapter 603.--UNITED STATES NAVAL ACADEMY

         442.5  Sec. 6954. Midshipmen: number.
                    (a) There may be at the Naval Academy at any one time
                midshipmen 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 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
                            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.

    [[Page 645]]

                                (7) Six 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 from Guam, nominated by the Delegate
                            in Congress from Guam.
                                (9) One from American Samoa nominated by the
                            Delegate in Congress from American Samoa.

                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 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, other than those granted
                                retired pay under section 12731 of this
                                title (or under section 1331 of this title
                                as in effect before the effective date of
                                the Reserve Officer Personnel Management
                                Act);

                        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 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 persons 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 (9) of subsection (a) and may not cause the total
                strength of midshipmen at the Naval Academy to exceed the
                authorized number.
                    (e) The Secretary of the Navy may limit the number of
                midshipmen appointed under subsection (b)(5). When he does
                so, if the total number of midshipmen, upon admission of a
                new class at the Academy, will

    [[Page 646]]

                be more than 3,737, no appointments 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. (Aug. 10, 1956, ch.
                1041, 70A Stat. 429; Sept. 7, 1962, Pub. L. 87-651,
                Sec. 124, 76 Stat. 514; Sept. 14, 1962, Pub. L. 87-663,
                Sec. 1(3), 76 Stat. 547; Mar. 3, 1964, Pub. L. 88-276,
                Sec. 2, 78 Stat. 150; Oct. 13, 1966, Pub. L. 89-650,
                Sec. 1(1)-(3), 80 Stat. 896; July 5, 1968, Pub. L. 90-374,
                82 Stat. 283; Sept. 22, 1970, Pub. L. 91-405, Sec. 204(c),
                84 Stat. 852; Aug. 7, 1972, Pub. L. 92-365, Sec. 1(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, Sec. 1005 (a)(2) and (b)(2), 97 Stat.
                660; Nov. 5, 1990, Pub. L. 101-510, Sec. 532(b), 104 Stat.
                1563; Nov. 30, 1993, Pub. L. 103-160, Sec. 531, 107 Stat.
                1657; Oct. 5, 1994, Pub. L. 103-337, Sec. 1673(c)(2), 108
                Stat. 3016.)
         442.6  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.)

    [[Page 647]]

           443  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 year 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 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 is entitled to not more than $5 a day
                and shall be reimbursed under Government travel regulations
                for his travel expenses. (Aug. 10, 1956, ch. 1041, 70A Stat.
                434; Dec. 23, 1980, Pub. L. 96-579, Sec. 13(b), 94 Stat.
                3369.)

                        Chapter 903.--UNITED STATES AIR FORCE ACADEMY

         443.5  Sec. 9342. Cadets: appointment; numbers, territorial
                    distribution.
                    (a) The authorized strength of Air Force Cadets of the
                Academy is as follows:
                                (1) 65 cadets 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

    [[Page 648]]

                            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 a
                            ``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.
                                (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.

                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 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, other than those granted
                                retired pay under section 12731 of this
                                title (or under section 1331 of this title
                                as in effect before the effective date of
                                the Reserve Officer Personnel Management
                                Act);

                        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.

    [[Page 649]]

                                (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 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 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 Committees on Armed Services of the Senate and 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

                                    (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.

    [[Page 650]]

                (Aug. 10, 1956, ch. 1041, 70A Stat. 563; Sept. 14, 1962,
                Pub. L. 87-663, Sec. 1(5), (6), 76 Stat. 547; Mar. 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; Sept. 22, 1970, Pub. L. 91-
                405, 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, Sec. 514(11), 94 Stat. 2935; Dec.
                24, 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, Sec. 1005 (a)(3) and
                (b)(3), 97 Stat. 660, 661; Nov. 5, 1990, Pub. L. 101-510,
                Sec. 532(c), 104 Stat. 1563; Nov. 30, 1993, Pub. L. 103-160,
                Sec. 531, 107 Stat. 1657; Oct. 5, 1994, Pub. L. 103-337,
                Sec. 1674(c)(3), 108 Stat. 3017.)
           444  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 year 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.
                    (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.

    [[Page 651]]

                    (h) While performing his duties, each member of the
                Board and each adviser is entitled to not more than $5 a day
                and shall be reimbursed under Government travel regulations
                for his travel expenses. (Aug. 10, 1956, ch. 1041, 70A Stat.
                567; Dec. 23, 1980, Pub. L. 96-579, Sec. 13(c), 94 Stat.
                3369.)

                                        * * * * * * *

                  Chapter 1013.--BUDGET INFORMATION AND ANNUAL REPORTS TO
                                          CONGRESS

           445  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;

                                    (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

    [[Page 652]]

                            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.)