    [United States Senate Manual, 107th Congress]
    [S. Doc. 107-1]
    [USCODETITLE]
    [Pages 709-731]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 709]]

                                   TITLE 10.--ARMED FORCES

                              Chapter 2.--DEPARTMENT OF DEFENSE

                                        * * * * * * *

           930  Sec. 114. Annual authorization of appropriations.
                    (a) No funds may be appropriated for any fiscal year to
                or for the use of any armed force or obligated or expended
                for--
                                (1) procurement of aircraft, missiles, or
                            naval vessels;
                                (2) any research, development, test, or
                            evaluation, or procurement or production related
                            thereto;
                                (3) procurement of tracked combat vehicles;
                                (4) procurement of other weapons;
                                (5) procurement of naval torpedoes and
                            related support equipment;
                                (6) military construction;
                                (7) the operation and maintenance of any
                            armed force or of the activities and agencies of
                            the Department of Defense (other than the
                            military departments);
                                (8) procurement of ammunition; or
                                (9) other procurement by any armed force or
                            by the activities and agencies of the Department
                            of Defense (other than the military
                            departments);

                unless funds therefore have been specifically authorized by
                law.

                    (b) In subsection (a)(6), the term ``military
                construction'' includes any construction, development,
                conversion, or extension of any kind which is carried out
                with respect to any military facility or installation
                (including any Government-owned or Government-leased
                industrial facility used for the production of defense
                articles and any facility to which section 2353 of this
                title applies), any activity to which section 2807 of this
                title applies, any activity to which chapter 1803 of this
                title applies, and advances to the Secretary of
                Transportation for the construction of defense access roads
                under section 210 of title 23. Such term does not include
                any activity to which section 2821 or 2854 of this title
                applies.
                    (c)(1) The size of the Special Defense Acquisition Fund
                established pursuant to chapter 5 of the Arms Export Control
                Act (22 U.S.C. 2795 et seq.) may not exceed $1,070,000,000.
                    (2) Notwithstanding section 37(a) of the Arms Export
                Control Act (22 U.S.C. 2777(a)), amounts received by the
                United States pursuant to subparagraph (A) of section
                21(a)(1) of that Act (22 U.S.C. 2761(a)(1)--
                                (A) shall be credited to the Special Defense
                            Acquisition Fund established pursuant to chapter
                            5 of that Act (22 U.S.C. 2795 et seq.), as
                            authorized by section 51(b)(1) of that Act (22
                            U.S.C. 2795(b)(1)), but subject to the
                            limitation in paragraph (1) and other applicable
                            law; and
                                (B) to the extent not so credited, shall be
                            deposited in the Treasury as miscellaneous
                            receipts as provided in section 3302(b) of title
                            31.
                    (d) Funds may be appropriated for the armed forces for
                use as an emergency fund for research, development, test,
                and evaluation, or re

    [[Page 710]]

                lated procurement or production, only if the appropriation
                of the funds is authorized by law after June 30, 1966.
                    (e) In each budget submitted by the President to
                Congress under section 1105 of title 31, amounts requested
                for procurement of equipment for the reserve components of
                the armed forces (including the National Guard) shall be set
                forth separately from other amounts requested for
                procurement for the armed forces.
                    (f) In each budget submitted by the President to
                Congress under section 1105 of title 31, amounts requested
                for procurement of ammunition for the Navy and Marine Corps,
                and for procurement of ammunition for the Air Force, shall
                be set forth separately from other amounts requested for
                procurement.

                (Added Nov. 16, 1973, P.L. 93-155, Title VIII, Sec. 803(a),
                87 Stat. 612; Oct. 7, 1975, P.L. 94-106, Title VIII,
                Sec. 801(a), 89 Stat. 537; July 14, 1976, P.L. 94-361, Title
                III, Sec. 302, 90 Stat. 924; Nov. 9, 1979, P.L. 96-107,
                Title III, Sec. 303(b), 93 Stat. 806; Sept. 8, 1980, P.L.
                96-342, Title X, Sec. 1001(a)(1), (b), (c), (d)(1), 94 Stat.
                1117; Dec. 12, 1980, P.L. 96-513, Title I, Sec. 102, Title
                V, Part B, Sec. 511(4), 94 Stat. 2840, 2920; July 10, 1981,
                P.L. 97-22, Sec. 2(b), 95 Stat. 124; Dec. 1, 1981, P.L. 97-
                86, Title III, Sec. 302, Title IX, Sec. Sec. 901(a), 902,
                903, 95 Stat. 1104, 1113; Dec. 29, 1981, P.L. 97-113, Title
                I, Sec. 108(b), 95 Stat. 1524; July 12, 1982, P.L. 97-214,
                Sec. 4, 96 Stat. 170; Sept. 8, 1982, P.L. 97-252, Title IV,
                Sec. 402(a), Title XI, Sec. Sec. 1103, 1105, 96 Stat. 725,
                738; Oct. 12, 1982, P.L. 97-295, Sec. 1(3), (4), 96 Stat.
                1289; Oct. 19, 1984, P.L. 98-525, Title XIV, Sec. 1405(2),
                98 Stat. 2621; Nov. 8, 1985, P.L. 99-145, Title XII, Part A,
                Sec. 1208, Title XIV, Part A, Sec. 1403, 99 Stat. 723, 743;
                Oct. 1, 1986, P.L. 99-433, Title I, Sec. Sec. 101(a)(2) in
                part, 110(b), 100 Stat. 994, 1002; Nov. 14, 1986, P.L. 99-
                661, Div. A, Title I, Part A, Sec. 105(d), Title XIII, Part
                A, Sec. 1304(a), 100 Stat. 3827, 3979; Apr. 21, 1987, P.L.
                100-26, Sec. 7(j)(1), 101 Stat. 282; Dec. 4, 1987, P.L. 100-
                180, Div. A, Title XII, Part A, Sec. 1203, 101 Stat. 1154;
                Nov. 29, 1989, P.L. 101-189, Div. A, Title XVI, Part A,
                Sec. 1602(b), 103 Stat. 1597; Nov. 5, 1990, P.L. 101-510,
                Div. A, Title XIV, Part H, Sec. 1481(a)(1), 104 Stat. 1704;
                Feb. 10, 1996, P.L. 104-106, Div. A, Title XV,
                Sec. 1501(c)(2), 110 Stat. 498; Sept. 23, 1996, P.L. 104-
                201, Div. A, Title X, Subtitle A, Sec. 1005, 110 Stat.
                2632.)

           931  Sec. 115. Personnel strengths: requirement for annual
                    authorization.
                    (a) Congress shall authorize personnel strength levels
                for each fiscal year for each of the following:
                                (1) The end strength for each of the armed
                            forces (other than the Coast Guard) for (A)
                            active-duty personnel who are to be paid from
                            funds appropriated for active-duty personnel,
                            and (B) active-duty personnel and full-time
                            National Guard duty personnel who are to be paid
                            from funds appropriated for reserve personnel.
                                (2) The end strength for the Selected
                            Reserve of each reserve component of the armed
                            forces.
                    (b) No funds may be appropriated for any fiscal year to
                or for--
                                (1) the use of active-duty personnel or
                            full-time National Guard duty personnel of any
                            of the armed forces (other than the Coast Guard)
                            unless the end strength for such personnel of
                            that armed force for that fiscal year has been
                            authorized by law; or

    [[Page 711]]

                                (2) the use of the Selected Reserve of any
                            reserve component of the armed forces unless the
                            end strength for the Selected Reserve of that
                            component for that fiscal year has been
                            authorized by law.
                    (c) Upon determination by the Secretary of Defense that
                such action is in the national interest, the Secretary may--
                                (1) increase the end strength authorized
                            pursuant to subsection (a)(1)(A) for a fiscal
                            year for any of the armed forces by a number
                            equal to not more than 2 percent of that end
                            strength; and
                                (2) increase the end strength authorized
                            pursuant to subsection (a)(1)(B) for a fiscal
                            year for any of the armed forces by a number
                            equal to not more than 2 percent of that end
                            strength; and
                                (3) vary the end strength authorized
                            pursuant to subsection (a)(2) for a fiscal year
                            for the Selected Reserve of any of the reserve
                            components by a number equal to not more than 2
                            percent of that end strength.
                    (d) In counting active-duty personnel for the purpose of
                the end-strengths authorized pursuant to subsection (a)(1),
                persons in the following categories shall be excluded:
                                (1) Members of the Ready Reserve ordered to
                            active duty under section 12302 of this title.
                                (2) Members of the Selected Reserve of the
                            Ready Reserve ordered to active duty under
                            section 12304 of this title.
                                (3) Members of the National Guard called
                            into Federal service under section 12406 of this
                            title.
                                (4) Members of the militia called into
                            Federal service under chapter 15 of this title.
                                (5) Members of reserve components on active
                            duty for training.
                                (6) Members of reserve components on active
                            duty for 180 days or less to perform special
                            work.
                                (7) Members on full-time National Guard duty
                            for 180 days or less.
                                (8) Members of the Selected Reserve of the
                            Ready Reserve on active duty for more that
                            [than] 180 days to support programs described in
                            section 1203(b) of the Cooperative Threat
                            Reduction Act of 1993 (title XII of Public Law
                            103-160; 22 U.S.C. 5952(b)).
                                (9) Members of reserve components (not
                            described in paragraph (8)) on active duty for
                            more than 180 days but less than 271 days to
                            perform special work in support of the combatant
                            commands, except that--

                                    (A) general and flag others may not be
                                excluded under this paragraph; and

                                    (B) The number of members of any of the
                                armed forces excluded under this paragraph
                                may not exceed the number equal to 0.2
                                percent of the end strength authorized for
                                active-duty personnel of that armed force
                                under subsection (a)(1)(A).

                                (10) Members of reserve components on active
                            duty to prepare for and to perform funeral
                            honors functions for funerals of veterans in
                            accordance with section 1491 of this title.
                    (11) Members on full-time National Guard duty to prepare
                for and perform funeral honors functions for funerals of
                veterans in accordance with section 1491 of this title.

    [[Page 712]]

                    (e) The authorized strength of the Navy under subsection
                (a)(1) is increased by the authorized strength of the Coast
                Guard during any period when the Coast Guard is operating as
                a service in the Navy.
                    (f) [Deleted]
                    (g) Congress shall authorize for each fiscal year the
                end strength for military technicians (dual status) for each
                reserve component of the Army and Air Force. Funds available
                to the Department of Defense for any fiscal year may not be
                used for the pay of a military technician (dual status)
                during that fiscal year unless the technician fills a
                position that is within the number of such positions
                authorized by law for that fiscal year for the reserve
                component of that technician. This subsection applies
                without regard to section 129 of this title. In each budget
                submitted by the President to Congress under section 1105 of
                title 31, the end strength requested for military
                technicians (dual status) for each reserve component of the
                Army and Air Force shall be specifically set forth. (Added
                Nov. 5, 1990, Pub. L. 101-510, Div. A, Title XIV, Part H,
                Sec. 1483(a), 104 Stat. 1710; Dec. 5, 1991, Pub. L. 102-190,
                Div. A, Title III, Part B, Sec. 312(a), 105 Stat. 1335; Feb.
                10, 1996, Pub. L. 104-106, Div. A, Title IV, Subtitle A,
                Sec. 401(c), Subtitle B, Sec. 415, Title V, Subtitle B,
                Sec. 513(a)(1), Title X, Subtitle F, Sec. 1061(c), Title XV,
                Sec. 1501(c)(3), 110 Stat. 286, 288, 305, 442, 498; Nov. 18,
                1997, Pub. L. 105-85, Div. A, Title IV, Subtitle B,
                Sec. 413(b), Subtitle C, Sec. 522(i)(1), 111 Stat. 1720,
                1736; Oct. 5, 1999, Pub. L. 106-65, Div. A, Title IV,
                Sec. 415, 113 Stat. 587; Oct. 30, 2000, Sec. 1, Pub. L. 106-
                398 [Div. A., Title IV, Sec. 422, 114 Stat. 1654A-96]; Dec.
                28, 2001, Pub. L. 107-107, Div. A, Title IV,
                Sec. Sec. 421(a), 422, 115 Stat. 1076, 1077.)
           932  Sec. 115a. Annual manpower requirements report.
                    (a) The Secretary of Defense shall submit to Congress an
                annual manpower requirements report. The report, which shall
                be in writing, shall be submitted each year not later than
                45 days after the date on which the President submits to
                Congress the budget for the next fiscal year under section
                1105 and of title 31. The report shall contain the
                Secretary's recommendations for--
                                (1) the annual active-duty end-strength
                            level for each component of the armed forces for
                            the next fiscal year; and
                                (2) the annual civilian personnel end-
                            strength level for each component of the
                            Department of Defense for the next fiscal year.
                    (b)(1) The Secretary shall include in each report under
                subsection (a) justification for the strength levels
                recommended and an explanation of the relationship between
                the personnel strength levels recommended for that fiscal
                year and the national security policies of the United States
                in effect at the time.
                    (2) The justification and explanation shall specify in
                detail for all major military force units (including each
                land force division, carrier and other major combatant
                vessel, air wing, and other comparable unit) the following:
                                (A) Unit mission and capability.
                                (B) Strategy which the unit supports.
                    (3) The justification and explanation shall also specify
                in detail the manpower required to perform the medical
                missions of each of the armed forces and of the Department
                of Defense.
                    (c) The Secretary shall include in each report under
                subsection (a) a detailed discussion of the following:

    [[Page 713]]

                                (1) The manpower required for support and
                            overhead functions within the armed forces and
                            the Department of Defense.
                                (2) The relationship of the manpower
                            required for support and overhead functions to
                            the primary combat missions and support
                            policies.
                                (3) The manpower required to be stationed or
                            assigned to duty in foreign countries and aboard
                            vessels located outside the territorial limits
                            of the United States, its territories, and
                            possessions.
                    (d) The Secretary shall also include in each such
                report, with respect to each armed force under the
                jurisdiction of the Secretary of a military department, the
                following:
                                (1) The number of positions that require
                            warrant officers or commissioned officers
                            serving on active duty in each of the officer
                            grades during the current fiscal year and the
                            estimated number of such positions for each of
                            the next five fiscal years.
                                (2) The estimated number of officers that
                            will be serving on active duty in each grade on
                            the last day of the current fiscal year and the
                            estimated numbers of officers that will be
                            needed on active duty on the last day of each of
                            the next five fiscal years.
                                (3) An estimate and analysis for the current
                            fiscal year and for each of the next five fiscal
                            years of gains to and losses from the number of
                            members on active duty in each officer grade,
                            including a tabulation of--

                                    (A) retirements displayed by year of
                                active commissioned service;

                                    (B) discharges;

                                    (C) other separations;

                                    (D) deaths;

                                    (E) promotions; and

                                    (F) reserve and regular officers ordered
                                to active duty.

                    (e)(1) In each such report, the Secretary shall also
                include recommendations for the end-strength levels for
                medical personnel for each component of the armed forces as
                of the end of the next fiscal year.
                    (2) For purposes of this subsection, the term ``medical
                personnel'' includes--
                                (A) in the case of the Army, members of the
                            Medical Corps, Dental Corps, Nurse Corps,
                            Medical Service Corps, Veterinary Corps, and
                            Army Medical Specialist Corps;
                                (B) in the case of the Navy, members of the
                            Medical Corps, Dental Corps, Nurse Corps, and
                            Medical Service Corps;
                                (C) in the case of the Air Force, members
                            designated as medical officers, dental officers,
                            Air Force nurses, medical service officers, and
                            biomedical science officers;
                                (D) enlisted members engaged in or
                            supporting medically related activities; and
                                (E) such other personnel as the Secretary
                            considers appropriate.
                    (f) [Deleted]
                    (g) [Redesignated]
                    (h) In each such report, the Secretary shall include a
                separate report on the Army and Air Force military
                technician programs. The report shall include a
                presentation, shown by reserve component and shown both as
                of the end of the preceding fiscal year and for the next
                fiscal year, of the following (displayed in the aggregate
                and separately for

    [[Page 714]]

                military technicians (dual status) and non-dual status
                military technicians):
                                (1) The number of military technicians
                            required to be employed (as specified in
                            accordance with Department of Defense
                            procedures), the number authorized to be
                            employed under Department of Defense personnel
                            procedures, and the number actually employed.
                                (2) Within each of the numbers under
                            paragraph (1)--

                                    (A) the number applicable to a reserve
                                component management headquarter
                                organization; and

                                    (B) the number applicable to high-
                                priority units and organizations (as
                                specified in section 10216(a) of this
                                title).

                (Added Nov. 5, 1990, Pub. L. 101-510, Div. A, Title XIV,
                Part H, Sec. 1483(a), 104 Stat. 1711; Dec. 5, 1991, Pub. L.
                102-190, Div. A, Title X, Part E, Sec. 1061(a)(1), 105 Stat.
                1472; Feb. 10, 1996, Pub. L. 104-106, Div. A, Title V,
                Subtitle B, Sec. 513(e), Title X, Subtitle F, Sec. 1061(d),
                110 Stat. 307, 442; Nov. 18, 1997, Pub. L. 105-85, Div. A,
                Title V, Subtitle C, Sec. 522(i)(2), 111 Stat. 1736; Oct.
                17, 1998, Pub. L. 105-261, Div. A, Title IV, Subtitle A,
                Sec. 403, 112 Stat. 1996.)

           933  Sec. 116. Annual operations and maintenance report.
                    (a)(1) The Secretary of Defense shall submit to Congress
                a written report, not later than February 15 of each fiscal
                year, with respect to the operations and maintenance of the
                Army, Navy, Air Force, and Marine Corps for the next fiscal
                year. The Secretary shall include in each such report
                recommendations for--
                                (A) the number of aircraft flying hours for
                            the Army, Navy, Air Force, and Marine Corps for
                            the next fiscal year, the number of ship
                            steaming hours for the Navy for the next fiscal
                            year, and the number of field training days for
                            the combat arms battalions of the Army and
                            Marine Corps for the next fiscal year;
                                (B) the number of ships over 3,000 tons
                            (full load displacement) in each Navy ship
                            classification on which major repair work should
                            be performed during the next fiscal year; and
                                (C) the number of airframe reworks, aircraft
                            engine reworks, and vehicle overhauls which
                            should be performed by the Army, Navy, Air
                            Force, and Marine Corps during the next fiscal
                            year.
                    (2) The Secretary shall also include in each such report
                the justification for and an explanation of the level of
                funding recommended in the Budget of the President for the
                next fiscal year for aircraft flying hours, ship steaming
                hours, field training days for the combat arms battalions,
                major repair work to be performed on ships of the Navy,
                airframe reworks, aircraft engine reworks, and vehicle
                overhauls.
                    (b) In this section:
                                (1) The term ``combat arms battalions''
                            means armor, infantry, mechanized infantry, air
                            assault infantry, airborne infantry, ranger,
                            artillery, and combat engineer battalions and
                            armored cavalry and air cavalry squadrons.
                                (2) The term ``major repair work'' means, in
                            the case of any ship to which subsection (a) is
                            applicable, any overhaul, modification,
                            alteration, or conversion work which will result
                            in a total cost to the United States of more
                            than $10,000,000.

                (Added Sept. 8, 1980, Pub. L. 96-342, Title X,
                Sec. 1001(b)(3), (c)(2), 94 Stat. 1118; Dec. 12, 1980, Pub.
                L. 96-513, Title V, Sec. 511(4)(B), 94 Stat. 2920; Dec. 1,
                1981, Pub. L. 97-86, Title III, Sec. 302, 95 Stat. 1104;
                Oct.

    [[Page 715]]

                1, 1986, Pub. L. 99-433, Title I, Sec. Sec. 101(a)(2),
                110(b)(6), (7), (9), (10), 100 Stat. 994, 1002; Nov. 18,
                1997, Pub. L. 105-85, Div. A, Title X, Subtitle G,
                Sec. 1073(a)(3), 111 Stat. 1900.)

           934  Sec. 119. Special access programs: congressional oversight.
                    (a)(1) Not later than March 1 of each year, the
                Secretary of Defense shall submit to the defense committees
                a report on special access programs.
                    (2) Each such report shall set forth--
                                (A) the total amount requested for special
                            access programs of the Department of Defense in
                            the President's budget for the next fiscal year
                            submitted under section 1105 of title 31; and
                                (B) for each program in that budget that is
                            a special access program--

                                    (i) a brief description of the program;

                                    (ii) a brief discussion of the major
                                milestones established for the program;

                                    (iii) the actual cost of the program for
                                each fiscal year during the program has been
                                conducted before the fiscal year during
                                which that budget is submitted; and

                                    (iv) the estimated total cost of the
                                program and the estimated cost of the
                                program for (I) the current fiscal year,
                                (II) the fiscal year for which the budget is
                                submitted, and (III) each of the four
                                succeeding fiscal years during which the
                                program is expected to be conducted.

                    (3) In the case of a report under paragraph (1)
                submitted in a year during which the President's budget for
                the next fiscal year, because of multiyear budgeting for the
                Department of Defense, does not include a full budget
                request for the Department of Defense, the report required
                by paragraph (1) shall set forth--
                                (A) the total amount already appropriated
                            for the next fiscal year for special access
                            programs of the Department of Defense and any
                            additional amount requested in that budget for
                            such programs for such fiscal year; and
                                (B) for each program of the Department of
                            Defense that is a special access program, the
                            information specified in paragraph (2)(B).
                    (b)(1) Not later than February 1 of each year, the
                Secretary of Defense shall submit to the defense committees
                a report that, with respect to each new special access
                program, provides--
                                (A) notice of the designation of the program
                            as a special access program; and
                                (B) justification for such designation.
                    (2) A report under paragraph (1) with respect to a
                program shall include--
                                (A) the current estimate of the total
                            program cost for the program; and
                                (B) an identification of existing programs
                            or technologies that are similar to the
                            technology, or that have a mission similar to
                            the mission, of the program that is the subject
                            of the notice.
                    (3) In this subsection, the term ``new special access
                program'' means a special access program that has not
                previously been covered in a notice and justification under
                this subsection.

    [[Page 716]]

                    (c)(1) Whenever a change in the classification of a
                special access program of the Department of Defense is
                planned to be made or whenever classified information
                concerning a special access program of the Department of
                Defense is to be declassified and made public, the Secretary
                of Defense shall submit to the defense committees a report
                containing a description of the proposed change, the reasons
                for the proposed change, and notice of any public
                announcement planned to be made with respect to the proposed
                change.
                    (2) Except as provided in paragraph (3), any report
                referred to in paragraph (1) shall be submitted not less
                than 14 days before the date on which the proposed change or
                public announcement is to occur.
                    (3) If the Secretary determines that because of
                exceptional circumstances the requirement of paragraph (2)
                cannot be met with respect to a proposed change or public
                announcement concerning a special access program of the
                Department of Defense, the Secretary may submit the report
                required by paragraph (1) regarding the proposed change or
                public announcement at any time before the proposed change
                or public announcement is made and shall include in the
                report an explanation of the exceptional circumstances.
                    (d) Whenever there is a modification or termination of
                the policy and criteria used for designating a program of
                the Department of Defense as a special access program, the
                Secretary of Defense shall promptly notify the defense
                committees of such modification or termination. Any such
                notification shall contain the reasons for the modification
                or termination and, in the case of a modification, the
                provisions of the policy as modified.
                    (e)(1) The Secretary of Defense may waive any
                requirement under subsection (a), (b), or (c) that certain
                information be included in a report under that subsection if
                the Secretary determines that inclusion of that information
                in the report would adversely affect the national security.
                Any such waiver shall be made on a case-by-case basis.
                    (2) If the Secretary exercises the authority provided
                under paragraph (1), the Secretary shall provide the
                information described in that subsection with respect to the
                special access program concerned, and the justification for
                the waiver, jointly to the chairman and ranking minority
                member of each of the defense committees.
                    (f) A special access program may not be initiated
                until--
                                (1) the defense committees are notified of
                            the program; and
                                (2) a period of 30 days elapses after such
                            notification is received.
                    (g) In this section, the term ``defense committees''
                means--
                                (1) the Committee on Armed Services and the
                            Committee on Appropriations, and the Defense
                            Subcommittee of the Committee on Appropriations,
                            of the Senate; and
                                (2) the Committee on Armed Services and the
                            Committee on Appropriations, and the
                            Subcommittee on Defense of the Committee on
                            Appropriations, of the House of Representatives.
                            (Added Dec. 4, 1987, Pub. L. 100-180, Div. A,
                            Title XI, Part D, Sec. 1132(a)(1), 101 Stat.
                            1151; Nov. 5, 1990, Pub. L. 101-510, Div. A,
                            Title XIV, Part F, Sec. 1461, Part H,
                            Sec. 1482(a), 104 Stat. 1698, 1709; Feb. 10,
                            1996, Pub. L. 104-106, Div. A, Title X, Subtitle
                            E, Sec. 1055, Title XV, Sec. 1502(a)(4), 110
                            Stat. 442, 502; Pub. L. 106-65, Div. A, Title X,
                            Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774; Dec.
                            28, 2001, Pub. L. 107-107, Div. A., Title X,
                            Sec. 1048(a)(2), 115 Stat. 1222.)

    [[Page 717]]

                             Chapter 9.--DEFENSE BUDGET MATTERS

           935  Sec. 221. Future-years defense program; submission to
                    Congress; consistency in budgeting.
                    (a) The Secretary of Defense shall submit to Congress
                each year, at or about the time that the President's budget
                is submitted to Congress that year under section 1105(a) of
                title 31, a future-years defense program (including
                associated annexes) reflecting the estimated expenditures
                and proposed appropriations included in that budget. Any
                such future-years defense program shall cover the fiscal
                year with respect to which the budget is submitted and at
                least the four succeeding fiscal years.
                    (b)(1) The Secretary of Defense shall ensure that
                amounts described in subparagraph (A) of paragraph (2) for
                any fiscal year are consistent with amounts described in
                subparagraph (B) of paragraph (2) for that fiscal year.
                    (2) Amounts referred to in paragraph (1) are the
                following:
                                (A) The amounts specified in program and
                            budget information submitted to Congress by the
                            Secretary in support of expenditure estimates
                            and proposed appropriations in the budget
                            submitted to Congress by the President under
                            section 1105(a) of title 31 for any fiscal year,
                            as shown in the future-years defense program
                            submitted pursuant to subsection (a).
                                (B) The total amounts of estimated
                            expenditures and proposed appropriations
                            necessary to support the programs, projects, and
                            activities of the Department of Defense included
                            pursuant to paragraph (5) of section 1105(a) of
                            title 31 in the budget submitted to Congress
                            under that section for any fiscal year.
                    (c) Nothing in this section shall be construed to
                prohibit the inclusion in the future-years defense program
                of amounts for management contingencies, subject to the
                requirements of subsection (b). (Added Pub. L. 101-189,
                Sec. 1602(a)(1), Nov. 29, 1989, 103 Stat. 1596; amended Pub.
                L. 101-510, Sec. 1402(a), Nov. 5, 1990, 104 Stat. 1674;
                renumbered Sec. 221 and amended Pub. L. 102-484,
                Sec. 1002(c), Oct. 23, 1992, 106 Stat. 2480.)
           936  Sec. 222. Future-years mission budget.
                (a) Future-years mission budget.--The Secretary of Defense
                    shall submit to Congress for each fiscal year a future-
                    years mission budget for the military programs of the
                    Department of Defense. That budget shall be submitted
                    for any fiscal year not later than 60 days after the
                    date on which the President's budget for that fiscal
                    year is submitted to Congress pursuant to section 1105
                    of title 31.
                (b) Consistency with future-years defense program.--The
                    future-years mission budget shall be consistent with the
                    future-years defense program required under section 221
                    of this title. In the future-years mission budget, the
                    military programs of the Department of Defense shall be
                    organized on the basis of major roles, missions, or
                    forces of the Department of Defense.

    [[Page 718]]

                (c) Relationship to other defense budget formats.--The
                    requirement in subsection (a) is in addition to the
                    requirements in any other provision of law regarding the
                    format for the presentation regarding military programs
                    of the Department of Defense in the budget submitted
                    pursuant to section 1105 of title 31 for any fiscal
                    year. (Added Oct. 23, 1992, Pub. L. 102-484, Div. A,
                    Title X, Subtitle A, Sec. 1002(a)(2), 106 Stat. 2480;
                    Oct. 5, 1994, Pub. L. 103-337, Div. A, Title X, Subtitle
                    A, Sec. 1004, 108 Stat. 2834.)
           937  Sec. 226. Scoring of outlays.
                (a) Annual OMB/CBO report.--Not later than December 15 of
                    each year, the Director of the Office of Management and
                    Budget and the Director of the Congressional Budget
                    Office shall submit to the Speaker of the House of
                    Representatives and the Committees on Armed Services,
                    Appropriations, and the Budget of the Senate a joint
                    report containing an agreed resolution of all
                    differences between--

                                    (1) the technical assumptions to be used
                                by the Office of Management and Budget in
                                preparing estimates with respect to all
                                accounts in major functional category 050
                                (National Defense) for the budget to be
                                submitted to Congress in the following year
                                pursuant to section 1105 of title 31; and

                                    (2) the technical assumptions to be used
                                by the Congressional Budget Office in
                                preparing estimates with respect to those
                                accounts for that budget.

                (b) Use of averages.--If the two Directors are unable to
                    agree upon any technical assumption, the report shall
                    reflect the average of the relevant outlay rates or
                    assumptions used by the two offices.
                (c) Matters to be included.--The report with respect to a
                    budget shall identify the following:

                                    (1) The agreed first-year and outyear
                                outlay rates for each account in budget
                                function 050 (National Defense) for each
                                fiscal year covered by the budget.

                                    (2) The agreed amount of outlays
                                estimated to occur from unexpended
                                appropriations made for fiscal years before
                                the fiscal year that begins after submission
                                of the report.

                (Added Pub. L. 102-190, Div. A, Title X, Sec. 1002(a)(1),
                Dec. 5, 1991, 105 Stat. 1455, Sec. 221; renumbered Sec. 226,
                Pub. L. 102-484, Div. A, Title X, Sec. 1002(a)(1), Oct. 23,
                1992, 106 Stat. 2480; amended Pub. L. 103-160, Sec. 1104,
                Nov. 30, 1993, 107 Stat. 1749.)

                                        * * * * * * *

                        Chapter 403.--UNITED STATES MILITARY ACADEMY

           938  Sec. 4342. Cadets: appointments; numbers, territorial
                    distribution.
                    (a) The authorized strength of the Corps of Cadets of
                the Academy (determined for any year as of the day before
                the last day of the academic year) is 4,000. Subject to that
                limitation, cadets are selected as follows:
                                (1) 65 cadets selected in order of merit as
                            established by competitive examinations from the
                            children of members of the armed forces who were
                            killed in action or died of, or have a service-
                            connected

    [[Page 719]]

                            disability rated at not less than 100 per centum
                            resulting from, wounds or injuries received or
                            diseases contracted in, or preexisting injury or
                            disease aggravated by, active service, children
                            of members who are in a ``missing status'' as
                            defined in section 551(2) of title 37, and
                            children of civilian employees who are in
                            ``missing status'' as defined in section 5561(5)
                            of title 5. The determination of the Department
                            of Veterans Affairs as to service connection of
                            the cause of death or disability, and the
                            percentage at which the disability is rated is
                            binding upon the Secretary of the Army.
                                (2) Five cadets nominated at large by the
                            Vice President or, if there is no Vice
                            President, by the President pro tempore of the
                            Senate.
                                (3) Ten cadets from each State, five of whom
                            are nominated by each Senator from that State.
                                (4) Five cadets from each congressional
                            district, nominated by the Representative from
                            the district.
                                (5) Five cadets from the District of
                            Columbia, nominated by the Delegate to the House
                            of Representatives from the District of
                            Columbia.
                                (6) Two cadets from the Virgin Islands,
                            nominated by the Delegate in Congress from the
                            Virgin Islands.
                                (7) Six cadets from Puerto Rico, five of
                            whom are nominated by the Resident Commissioner
                            from Puerto Rico and one who is a native of
                            Puerto Rico nominated by the Governor of Puerto
                            Rico.
                                (8) Two cadets from Guam, nominated by the
                            Delegate in Congress from Guam.
                                (9) One cadet from American Samoa, nominated
                            by the Delegate in Congress from American Samoa.
                                (10) One cadet from the Commonwealth of the
                            Northern Mariana Islands, nominated by the
                            resident representative from the commonwealth.

                Each Senator, Representative, and Delegate in Congress,
                including the Resident Commissioner from Puerto Rico, is
                entitled to nominate 10 persons for each vacancy that is
                available to him under this section. Nominees may be
                submitted without ranking or with a principal candidate and
                9 ranked or unranked alternates. Qualified nominees not
                selected for appointment under this subsection shall be
                considered qualified alternates for the purposes of
                selection under other provisions of this chapter.

                    (b) In addition, there may be appointed each year at the
                Academy cadets as follows:
                                (1) one hundred selected by the President
                            from the children of members of an armed force
                            who--

                                    (A) are on active duty (other than for
                                training) and who served continuously on
                                active duty for at least eight years;

                                    (B) are, or who died while they were,
                                retired with pay or granted retired or
                                retainer pay;

                                    (C) are serving as members of reserve
                                components and are credited with at least
                                eight years of service computed under
                                section 12733 of this title; or

                                    (D) would be, or who died while they
                                would have been, entitled to retired pay
                                under Chapter 1223 of this title, except for
                                not having attained 60 years of age;

    [[Page 720]]

                        however, a person who is eligible for selection
                        under clause (1) of subsection (a) may not be
                        selected under this clause.
                                (2) 85 nominated by the Secretary of the
                            Army from enlisted members of the Regular Army.
                                (3) 85 nominated by the Secretary of the
                            Army from enlisted members of reserve components
                            of the Army.
                                (4) 20 nominated by the Secretary of the
                            Army, under regulations prescribed by him, from
                            the honor graduates of schools designated as
                            honor schools by the Department of the Army, the
                            Department of the Navy, or the Department of the
                            Air Force, and from members of the Reserve
                            Officers' Training Corps.
                                (5) 150 selected by the Secretary of the
                            Army in order of merit (prescribed pursuant to
                            section 4343 of this title) from qualified
                            alternates nominated by persons named in clauses
                            (3) and (4) of subsection (a).
                    (c) The President may also appoint as cadets at the
                Academy children of persons who have been awarded the Medal
                of Honor for acts performed while in the armed forces.
                    (d) The Superintendent may nominate each year 50 persons
                from the country at large. Persons nominated under this
                paragraph may not displace any appointment authorized under
                clauses (2) through (9) of subsection (a) and may not cause
                the total strength of the Corps of Cadets to exceed the
                authorized number.
                    (e) If the annual quota of cadets under subsection (b)
                (1), (2), (3) is not filled, the Secretary may fill the
                vacancies by nominating for appointment other candidates
                from any of these sources who were found best qualified on
                examination for admission and not otherwise nominated.
                    (f) Each candidate for admission nominated under clauses
                (3) through (9) of subsection (a) must be domiciled in the
                State, or in the congressional district, from which he is
                nominated, or in the District of Columbia, Puerto Rico,
                American Samoa, Guam, or the Virgin Islands, if nominated
                from one of those places.
                    (g) The Secretary of the Army may limit the number of
                cadets authorized to be appointed under this section to the
                number that can be adequately accommodated at the Academy,
                as determined by the Secretary after consulting with the
                Committee on Armed Services of the Senate and the Committee
                on Armed Services of the House of Representatives, subject
                to the following:
                                (1) Cadets chargeable to each nominating
                            authority named in subsection (a) (3) or (4) may
                            not be limited to less than four.
                                (2) If the Secretary limits the number of
                            appointments under subsection (a) (3) or (4),
                            appointments under subsection (b)(1)-(4) are
                            limited as follows:

                                    (A) 27 appointments under subsection
                                (b)(1);

                                    (B) 27 appointments under subsection
                                (b)(2);

                                    (C) 27 appointments under subsection
                                (b)(3); and

                                    (D) 13 appointments under subsection
                                (b)(4).

                                (3) If the Secretary limits the number of
                            appointments under subsection (b)(5),
                            appointments under subsection (b)(2)-(4) are
                            limited as follows:

                                    (A) 27 appointments under subsection
                                (b)(2);

                                    (B) 27 appointments under subsection
                                (b)(3); and

    [[Page 721]]

                                    (C) 13 appointments under subsection
                                (b)(4).

                                (4) The limitations provided for in this
                            subsection do not affect the operation of
                            subsection (e).
                    (h) The Secretary of the Army shall furnish to any
                Member of Congress, upon the written request of such Member,
                the name of the Congressman or other nominating authority
                responsible for the nomination of any named or identified
                person for appointment to the Academy.
                    (i) For purposes of the limitation in subsection (a)
                establishing the aggregate authorized strength of the Corps
                of Cadets, the Secretary of the Army may for any year
                (beginning with the 2001-2002 academic year) permit a
                variance in that limitation by not more than one percent. In
                applying that limitation, and any such variance, the last
                day of an academic year shall be considered to be graduation
                day.

                (Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 240; Sept. 2,
                1958, Pub. L. 85-861, Sec. 33(a)(26), 72 Stat. 1565; Sept.
                14, 1962, Pub. L. 87-663, Sec. 1(1), (2), 76 Stat. 547;
                March 3, 1964, Pub. L. 88-276, Sec. 1(1), 78 Stat. 148; Oct.
                13, 1966, Pub. L. 89-650, Sec. 1(1)-(4), 80 Stat. 896; July
                5, 1968, Pub. L. 90-374, 82 Stat. 283; Oct. 22, 1968, Pub.
                L. 90-623, Sec. 2(8), 82 Stat. 1314; Sept. 22, 1970, Pub. L.
                91-405, Title II, Sec. 204(c), 84 Stat. 852, Aug. 7, 1972,
                Pub. L. 92-365, Sec. 1, 86 Stat. 505; Nov. 29, 1973, Pub. L.
                93-171, Sec. 1(1)-(4), 87 Stat. 690; Oct. 7, 1975, Pub. L.
                94-106, Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 12,
                1980, Pub. L. 96-513, Title V, Part B, Sec. 512(13), 94
                Stat. 2930; Dec. 24, 1980, Pub. L. 96-600, Sec. 2(a), 94
                Stat. 3493; Oct. 14, 1981, Pub. L. 97-60, Title II,
                Sec. 203(a)(1), 95 Stat. 1006; Sept. 24, 1983, Pub. L. 98-
                94, Title X, Part A, Sec. 1005(a)(1), (b)(1), 97 Stat. 660;
                Nov. 29, 1989, Pub. L. 101-189, Div. A, Title XVI, Part C,
                Sec. 1621(a)(1), 103 Stat. 1602; Nov. 5, 1990, Pub. L. 101-
                510, Div. A, Title V, Part C, Sec. 532(a)(1), 104 Stat.
                1563; Nov. 30, 1993, Pub. L. 103-160, Div. A, Title V,
                Subtitle C, Sec. 531, 107 Stat. 1657; Oct. 5, 1994, Pub. L.
                103-337, Div. A, Title XVI, Subtitle C, Sec. 1672(c)(3), 108
                Stat. 3015; Feb. 10, 1996, Pub. L. 104-106, Div. A, Title V,
                Subtitle D, Part I, Sec. 532(a), Title XV, Sec. 1502(a)(1),
                110 Stat. 314, 502; Nov. 18, 1997, Pub. L. 105-85, Div. A,
                Title X, Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903; Pub.
                L. 106-65, Div. A, Title V, Sec. 531(b)(1), Title X,
                Sec. 1067(1), Oct. 5, 1999, 113 Stat. 602, 774; Oct. 30,
                2000, Pub. L. 106-398, Sec. 1 [Div. A, Title V, Sec. 531(a),
                114 Stat. 1654A-109].

           939  Sec. 4355. Board of Visitors.
                    (a) A Board of Visitors to the Academy is constituted
                annually of--
                                (1) the chairman of the Committee on Armed
                            Services of the Senate, or his designee;
                                (2) three other members of the Senate
                            designated by the Vice President or the
                            President pro tempore of the Senate, two of whom
                            are members of the Committee on Appropriations
                            of the Senate;
                                (3) the chairman of the Committee on Armed
                            Services of the House of Representatives, or his
                            designee;
                                (4) four other members of the House of
                            Representatives designated by the Speaker of the
                            House of Representatives, two of whom are
                            members of the Committee on Appropriations of
                            the House of Representatives; and
                                (5) six persons designated by the President.
                    (b) The persons designated by the President serve for
                three years each except that any member whose term of office
                has expired shall continue to serve until his successor is
                appointed. The President shall

    [[Page 722]]

                designate two persons each year to succeed the members whose
                terms expire that year.
                    (c) If a member of the Board dies or resigns, a
                successor shall be designated for the unexpired portion of
                the term by the official who designated the member.
                    (d) The Board shall visit the Academy annually. With the
                approval of the Secretary of the Army, the Board or its
                members may make other visits to the Academy in connection
                with the duties of the Board or to consult with the
                Superintendent of the Academy.
                    (e) The Board shall inquire into the morale and
                discipline, the curriculum, instruction, physical equipment,
                fiscal affairs, academic methods, and other matters relating
                to the Academy that the Board decides to consider.
                    (f) Within 60 days after its annual visit, the Board
                shall submit a written report to the President of its
                action, and of its views and recommendations pertaining to
                the Academy. Any report of a visit, other than the annual
                visit, shall, if approved by a majority of the members of
                the Board, be submitted to the President within 60 days
                after the approval.
                    (g) Upon approval by the Secretary, the Board may call
                in advisers for consultation.
                    (h) While performing his duties, each member of the
                Board and each adviser shall be reimbursed under Government
                travel regulations for his travel expenses. (Aug. 10, 1956,
                ch. 1041, 70A Stat. 245; Dec. 23, 1980, Pub. L. 96-579,
                Sec. 13(a), 94 Stat. 3369; Pub. L. 104-106, Div. A, Title X,
                Sec. 1061(e)(2), Title XV, Sec. 1502(a)(12), Feb. 10, 1996,
                110 Stat. 443, 503; Pub. L. 106-65, Div. A, Title X,
                Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

                   Chapter 443.--DISPOSAL OF OBSOLETE OR SURPLUS MATERIAL

           940  Sec. 4689. Transfer of material and equipment to Architect.
                    The Secretary of the Army is authorized to transfer,
                without payment, to the Architect of the Capitol, such
                material and equipment, not required by the Department of
                the Army, as the Architect may request for use at the
                Capitol powerplant, the Capitol Building, and the Senate and
                House Office Buildings. (June 5, 1920, ch. 253, Sec. 1, 41
                Stat. 1035; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)

                          Chapter 603.--UNITED STATES NAVAL ACADEMY

           941  Sec. 6954. Midshipmen: number.
                    (a) The authorized strength of the Brigade of Midshipmen
                (determined for any year as of the day before the last day
                of the academic year) is 4,000. Subject to that limitation,
                midshipmen are selected as follows:
                                (1) 65 selected in order of merit as
                            established by competitive examination from the
                            children of members of the armed forces who were
                            killed in action or died of, or have a service-
                            connected disability rated at not less than 100
                            per centum resulting from, wounds or injuries
                            received or diseases contracted in, or
                            preexisting injury or disease aggravated by,
                            active service, children of members who are in a
                            ``missing status'' as defined in section 551(2)
                            of title 37, and children of civilian employees
                            who are in ``missing status'' as defined

    [[Page 723]]

                            in section 5561(5) of title 5. The determination
                            of the Department of Veterans Affairs as to
                            service connection of the cause of death or
                            disability, and the percentage at which the
                            disability is rated, is binding upon the
                            Secretary of the Navy.
                                (2) Five nominated at large by the Vice
                            President or, if there is no Vice President, by
                            the President pro tempore of the Senate.
                                (3) Ten from each State, five of whom are
                            nominated by each Senator from that State.
                                (4) Five nominated by each Representative in
                            Congress.
                                (5) Five from the District of Columbia,
                            nominated by the Delegate to the House of
                            Representatives from the District of Columbia.
                                (6) Two from the Virgin Islands, nominated
                            by the Delegate in Congress from the Virgin
                            Islands.
                                (7) Six from Puerto Rico, five of whom are
                            nominated by the Resident Commissioner from
                            Puerto Rico and one who is native of Puerto Rico
                            nominated by the Governor of Puerto Rico.
                                (8) Two from Guam, nominated by the Delegate
                            in Congress from Guam.
                                (9) One from American Samoa, nominated by
                            the Delegate in Congress from American Samoa.
                                (10) One from the Commonwealth of the
                            Northern Mariana Islands, nominated by the
                            resident representative from the commonwealth.

                Each Senator, Representative, and Delegate in Congress,
                including the Resident Commissioner from Puerto Rico, is
                entitled to nominate 10 persons for each vacancy that is
                available to him under this section. Nominees may be
                submitted without ranking or with a principal candidate and
                9 ranked or unranked alternates. Qualified nominees not
                selected for appointment under this subsection shall be
                considered qualified alternates for the purposes of
                selection under other provisions of this chapter.

                    (b) In addition there may be appointed each year at the
                Academy midshipmen as follows:
                                (1) one hundred selected by the President
                            from the children of members of an armed force
                            who--

                                    (A) are on active duty (other than for
                                training) and who have served continuously
                                on active duty for at least eight years;

                                    (B) are, or who died while they were,
                                retired with pay or granted retired or
                                retainer pay;

                                    (C) are serving as members of reserve
                                components and are credited with at least
                                eight years of service computed under
                                section 12733 of this title; or

                                    (D) would be, or who died while they
                                would have been, entitled to retired pay
                                under Chapter 1223 of this title, except for
                                not having attained 60 years of age;

                        however, a person who is eligible for selection
                        under clause (1) of subsection (a) may not be
                        selected under this clause.
                                (2) 85 nominated by the Secretary of the
                            Navy from enlisted members of the Regular Navy
                            and the Regular Marine Corps.
                                (3) 85 nominated by the Secretary of the
                            Navy from enlisted members of the Naval Reserve
                            and the Marine Corps Reserve.
                                (4) 20 nominated by the Secretary of the
                            Navy, under regulations prescribed by him, from
                            the honor graduates of schools designated

    [[Page 724]]

                            as honor schools by the Department of the Army,
                            the Department of the Navy, or the Department of
                            the Air Force, and from members of the Naval
                            Reserve Officers' Training Corps.
                                (5) 150 selected by the Secretary of the
                            Navy in order of merit (prescribed pursuant to
                            section 6956 of this title) from qualified
                            alternates nominated by person named in clauses
                            (3) and (4) of subsection (a).
                    (c) The President may also appoint as midshipmen at the
                Academy children of persons who have been awarded the medal
                of honor for acts performed while in the armed forces.
                    (d) The Superintendent of the Naval Academy may nominate
                for appointment each year 50 persons from the country at
                large. Persons nominated under this paragraph may not
                displace any appointment authorized under clauses (2)
                through (8) of subsection (a) and may not cause the total
                strength of midshipmen at the Navy Academy to exceed the
                authorized number.
                    (e) The Secretary of the Navy may limit the number of
                midshipmen appointed under section (b)(5). When he does so,
                if the total number of midshipmen, upon admission of a new
                class at the Academy, will be more than 3,737, no
                appointment may be made under subsection (b)(2) or (3) of
                this section or section 6956 of this title.
                    (f) The Secretary of the Navy shall furnish to any
                Member of Congress, upon the written request of such Member,
                the name of the Congressman or other nominating authority
                responsible for the nomination of any named or identified
                person for appointment to the Academy.
                    (g) For purposes of the limitation in subsection (a)
                establishing the aggregate authorized strength of the
                Brigade of Midshipmen, the Secretary of the Navy may for any
                year permit a variance in that limitation by not more than
                one percent. In applying that limitation, and any such
                variance, the last day of an academic year shall be
                considered to be graduation day. (Aug. 10, 1956, ch. 1041,
                Sec. 1, 70A Stat. 429; Sept. 7, 1962, Pub. L. 87-651, Title
                I, Sec. 124, 76 Stat. 514; Sept. 14, 1962, Pub. L. 87-663,
                Sec. 1(3), 76 Stat. 547; March 3, 1964, Pub. L. 88-276,
                Sec. 2, 78 Stat. 150; Oct. 13, 1996, Pub. L. 89-650,
                Sec. 1(1)-(3), 80 Stat. 896; July 5, 1968, Pub. L. 90-374,
                82 Stat. 283; Oct. 22, 1968, Pub. L. 90-623, Sec. 2(8), 82
                Stat. 1314; Sept. 22, 1970, Pub. L. 91-405, Title II,
                Sec. 204(c), 84 Stat. 852; Aug. 7, 1972, Pub. L. 92-365,
                Sec. 2, 86 Stat. 505; Nov. 29, 1973, Pub. L. 93-171,
                Sec. 2(1)-(3), 87 Stat. 690; Oct. 7, 1975 Pub. L. 94-106,
                Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 24, 1980,
                Pub. L. 96-600, Sec. 2(b), 94 Stat. 3493; Oct. 14, 1981,
                Pub. L. 97-60, Title II, Sec. 203(b)(2), 95 Stat. 1006; Oct.
                12, 1982, Pub. L. 97-295, Sec. 1(44), 96 Stat. 1298; Sept.
                24, 1983, Pub. L. 98-94, Title X, Part A, Sec. 1005(a)(2),
                (b)(2), 97 Stat. 660; Nov. 29, 1989, Pub. L. 101-189, Div.
                A, Title XVI, Part C, Sec. 1621(a)(1), 103 Stat. 1602; Nov.
                5, Pub. L. 101-510, Div. A, Title V, Part C, Sec. 532(b)(1),
                104 Stat. 1563; Nov. 30, 1993, Pub. L. 103-160, Div. A.
                Title V, Subtitle C, Sec. 531, 107 Stat. 1657; Oct. 5, 1994,
                Pub. L. 103-337, Div. A, Title XVI, Subtitle C,
                Sec. 1673(c)(2), 108 Stat. 3016; Feb. 10, 1996, Pub. L. 104-
                106, Div. A, Title V, Subtitle D, Part I, Sec. 532(b), 110
                Stat. 314; Nov. 18, 1997, Pub. L. 105-85, Div. A, Title X,
                Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903; Oct. 5, 1999,
                Pub. L. 106-65, Div. A., Title V, Sec. 531(b)(2), 113 Stat.
                602; Oct. 30, 2000; Pub. L. 106-398, Sec. 1 [Div. A, Title
                V, Sec. 531 (b),

    [[Page 725]]

                114 Stat. 1654A-109]; Dec. 28, 2001, Pub. L. 107-107, Div.
                A, Title X, Sec. 1048(g)(1), 115 Stat. 1228.
           942  Sec. 6956. Midshipmen: nomination and selection to fill
                    vacancies.
                    (a) If the annual quota of midshipmen from--
                                (1) enlisted members of the Regular Navy and
                            the Regular Marine Corps;
                                (2) enlisted members of the Naval Reserve
                            and the Marine Corps Reserve; or
                                (3) at large by the President;

                is not filled, the Secretary may fill the vacancies by
                nominating for appointment other candidates from any of
                these sources who were found best qualified on examination
                for admission and not otherwise nominated.

                    (b) If it is determined that, upon the admission of a
                new class to the Academy, the number of midshipmen at the
                Academy will be below the authorized number, the Secretary
                may fill the vacancies by nominating additional midshipmen
                from qualified candidates designated as alternates and from
                other qualified candidates who competed for nomination and
                are recommended and found qualified by the Academic Board.
                At least three-fourths of those nominated under this
                subsection shall be from qualified alternates under clauses
                (2) through (8) of section 6954(a) of this title, and the
                remainder shall be from qualified candidates who competed
                for appointment under any other provision of law. An
                appointment of a nominee under this subsection is an
                additional appointment and is not in place of an appointment
                otherwise authorized by law.
                    (c) The failure of a member of a graduating class to
                complete the course with his class does not delay the
                appointment of his successor. (Aug. 10, 1956, ch. 1041, 70A
                Stat. 430; March. 3, 1964, Pub. L. 88-276, Sec. 3, 78 Stat.
                151; July 5, 1968, Pub. L. 90-374, 82 Stat. 283; Nov. 29,
                1973, Pub. L. 93-171, Sec. 2(4), 87 Stat. 690; Oct. 7, 1975,
                Pub. L. 94-106, Title VIII, Sec. 803(b)(2), 89 Stat. 538;
                Oct. 14, 1981, Pub. L. 97-60, Title II, Sec. 206, 95 Stat.
                1007; Nov. 5, 1990, Pub. L. 101-510, Sec. 1322(a), 104 Stat.
                1671, Sec. 532(b), 104 Stat. 1563, 1671; Nov. 5, 1990, Pub.
                L. 101-510, Sec. 532(b)(2), Sec. 1322(a)(14), 104 Stat.
                1563, 1671.)
           943  Sec. 6968. Board of Visitors.
                    (a) A Board of Visitors to the Naval Academy is
                constituted annually of--
                                (1) the chairman of the Committee on Armed
                            Services of the Senate, or his designee;
                                (2) three other members of the Senate
                            designated by the Vice President or the
                            President pro tempore of the Senate, two of whom
                            are members of the Committee on Appropriations
                            of the Senate;
                                (3) the chairman of the Committee on Armed
                            Services of the House of Representatives, or his
                            designee;
                                (4) four other members of the House of
                            Representatives designated by the Speaker of the
                            House of Representatives, two of whom are
                            members of the Committee on Appropriations of
                            the House of Representatives; and
                                (5) six persons designated by the President.
                    (b) The persons designated by the President serve for
                three years each except that any member whose term of office
                has expired shall

    [[Page 726]]

                continue to serve until his successor is appointed. The
                President shall designate two persons each year to succeed
                the members whose terms expire that year.
                    (c) If a member of the Board dies or resigns, a
                successor shall be designated for the unexpired portion of
                the term by the official who designated the member.
                    (d) The Board shall visit the Academy annually. With the
                approval of the Secretary of the Navy, the Board or its
                members may make other visits to the Academy in connection
                with the duties of the Board or to consult with the
                Superintendent of the Academy.
                    (e) The Board shall inquire into the state of morale and
                discipline, the curriculum, instruction, physical equipment,
                fiscal affairs, academic methods, and other matters relating
                to the Academy that the Board decides to consider.
                    (f) Within 60 days after its annual visit, the Board
                shall submit a written report to the President of its action
                and of its views and recommendations pertaining to the
                Academy. Any report of a visit, other than the annual visit,
                shall, if approved by a majority of the members of the
                Board, be submitted to the President within 60 days after
                the approval.
                    (g) Upon approval by the Secretary, the Board may call
                in advisers for consultation.
                    (h) While performing his duties, each member of the
                Board and each adviser shall be reimbursed under Government
                travel regulations for his travel expenses. (Aug. 10, 1956,
                ch. 1041, Sec. 1, 70A Stat. 434; Dec. 23, 1980, Pub. L. 96-
                579, Sec. 13(b), 94 Stat. 3369; Feb. 10, 1996, Pub. L. 104-
                106, Div. A, Title X, Subtitle F, Sec. 1061(c)(2), Title XV,
                Sec. 1502(a)(12), 110 Stat. 443, 503; Pub. L. 106-65, Div.
                A, Title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

                        Chapter 903.--UNITED STATES AIR FORCE ACADEMY

           944  Sec. 9342. Cadets: appointment; numbers, territorial
                    distribution.
                    (a) The authorized strength of Air Force Cadets of the
                Academy (determined for any year as of the day before the
                last day of the academic year) is 4,000. Subject to that
                limitation, Air Force Cadets are selected as follows:
                                (1) 65 cadets selected in order or merit as
                            established by competitive examination from the
                            children of members of the armed forces who were
                            killed in action or died of, or have a service-
                            connected disability rated at not less than 100
                            per centum resulting from wounds or injuries
                            received or diseases contracted in, or
                            preexisting injury or disease aggravated by,
                            active service, children of members who are in a
                            ``missing status'' as defined in section 551(2)
                            of title 37, and children of civilian employees
                            who are in ``missing status'' as defined in
                            section 5561(5) of title 5. The determination of
                            the Department of Veterans Affairs as to service
                            connection of the cause of death or disability,
                            and the percentage at which the disability is
                            rated is binding upon the Secretary of the Air
                            Force.
                                (2) Five cadets nominated at large by the
                            Vice President or, if there is no Vice
                            President, by the President pro tempore of the
                            Senate.
                                (3) Ten cadets from each State, five of whom
                            are nominated by each Senator from that State.

    [[Page 727]]

                                (4) Five cadets from each congressional
                            district, nominated by the Representative from
                            the district.
                                (5) Five cadets from the District of
                            Columbia, nominated by the Delegate to the House
                            of Representatives from the District of
                            Columbia.
                                (6) Two cadets from the Virgin Islands,
                            nominated by the Delegate in Congress from the
                            Virgin Islands.
                                (7) Six cadets from Puerto Rico, five of
                            whom are nominated by the Resident Commissioner
                            from Puerto Rico and one who is a native of
                            Puerto Rico nominated by the Governor of Puerto
                            Rico.
                                (8) Two cadets from Guam, nominated by the
                            Delegate in Congress from Guam.
                                (9) One cadet from American Samoa, nominated
                            by the Delegate in Congress from American Samoa.
                                (10) One cadet from the Commonwealth of the
                            Northern Mariana Islands, nominated by the
                            residents representative from the commonwealth.

                Each Senator, Representative, and Delegate in Congress,
                including the Resident Commissioner from Puerto Rico, is
                entitled to nominate 10 persons for each vacancy that is
                available to him under this section. Nominees may be
                submitted without ranking or with a principal candidate and
                9 ranked or unranked alternates. Qualified nominees not
                selected for appointment under this subsection shall be
                considered qualified alternates for the purposes of
                selection under other provisions of this chapter.

                    (b) In addition, there may be appointed each year at the
                Academy cadets as follows:
                                (1) one hundred selected by the President
                            from the children of members of an armed force
                            who--

                                    (A) are on active duty (other than for
                                training) and who have served continuously
                                on active duty for at least eight years;

                                    (B) are, or who died while they were,
                                retired with pay or granted retired or
                                retainer pay;

                                    (C) are serving as members of reserve
                                components and are credited with at least
                                eight years of service computed under
                                section 12733 of this title; or

                                    (D) would be, or who died while they
                                would have been, entitled to retired pay
                                under Chapter 1223 of this title, except for
                                not having attained 60 years of age;

                        however, a person who is eligible for selection
                        under clause (1) of subsection (a) may not be
                        selected under this clause.
                                (2) 85 nominated by the Secretary of the Air
                            Force from enlisted members of the Regular Air
                            Force.
                                (3) 85 nominated by the Secretary of the Air
                            Force from enlisted members of reserve
                            components of the Air Force.
                                (4) 20 nominated by the Secretary of the Air
                            Force, under regulations prescribed by him, from
                            the honor graduates of schools designated as
                            honor schools by the Department of the Army, the
                            Department of the Navy, or the Department of the
                            Air Force, and from members of the Air Force
                            Reserve Officers' Training Corps.
                                (5) 150 selected by the Secretary of the Air
                            Force in order of merit (prescribed pursuant to
                            section 9343 of this title) from quali

    [[Page 728]]

                            fied alternates nominated by persons named in
                            clauses (3) and (4) of subsection (a).
                                (c) The President may also appoint as cadets
                            at the Academy children of persons who have been
                            awarded the Medal of Honor for acts performed
                            while in the armed forces.
                                (d) The Superintendent may nominate for
                            appointment each year 50 persons from the
                            country at large. Persons nominated under this
                            paragraph may not displace any appointment
                            authorized under clauses (2) through (9) of
                            subsection (a) and may not cause the total
                            strength of Air Force Cadets to exceed the
                            authorized number.
                                (e) If the annual quota of cadets under
                            subsection (b) (1), (2), or (3) is not filled,
                            the Secretary may fill the vacancies by
                            nominating for appointment other candidates from
                            any of these sources who were found best
                            qualified on examination for admission and not
                            otherwise nominated.
                                (f) Each candidate for admission nominated
                            under clauses (3) through (9) of subsection (a)
                            must be domiciled in the State, or in the
                            congressional district, from which he is
                            nominated, or in the District of Columbia,
                            Puerto Rico, American Samoa, Guam, or the Virgin
                            Islands, if nominated from one of those places.
                                (g) The Secretary of the Air Force may limit
                            the number of cadets authorized to be appointed
                            under this section to the number that can be
                            adequately accommodated at the Academy as
                            determined by the Secretary after consulting
                            with the Committee on Armed Services of the
                            Senate and the Committee on Armed Services of
                            the House of Representatives, subject to the
                            following:
                                (1) Cadets chargeable to each nominating
                            authority named in subsection (a) (3) or (4) may
                            not be limited to less than four.
                                (2) If the Secretary limits the number of
                            appointments under subsection (a) (3) or (4),
                            appointments under subsection (b)(1)-(4) are
                            limited as follows:

                                    (A) 27 appointments under subsection
                                (b)(1);

                                    (B) 27 appointments under subsection
                                (b)(2);

                                    (C) 27 appointments under subsection
                                (b)(3); and

                                    (D) 13 appointments under subsection
                                (b)(4).

                                (3) If the Secretary limits the number of
                            appointments under subsection (b)(5),
                            appointment under subsection (b)(2)-(4) are
                            limited as follows:

                                    (A) 27 appointments under subsection
                                (b)(2);

                                    (B) 27 appointments under subsection
                                (b)(3); and

                                    (C) 13 appointments under subsection
                                (b)(4).

                                (4) The limitations provided for in this
                            subsection do not affect the operation of
                            subsection (e).
                    (h) The Secretary of the Air Force shall furnish to any
                Member of Congress, upon the written request of such Member,
                the name of the Congressman or other nominating authority
                responsible for the nomination of any named or identified
                person for appointment to the Academy.
                    (i) For purposes of the limitation in subsection (a)
                establishing the aggregate authorized strength of Air Force
                Cadets, the Secretary of the Air Force may for any year
                permit a variance in that limitation by not more than one
                percent. In applying that limitation, and any such variance,
                the last day of an academic year shall be considered to be
                graduation day.

    [[Page 729]]

                (Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 563; Sept. 14,
                1962, Pub. L. 87-663, Sec. 1(5), (6), 76 Stat. 547; March 3,
                1964, Pub. L. 88-276, Sec. 4(1), 78 Stat. 151; Oct. 13,
                1966, Pub. L. 89-650, Sec. 1(1)-(3), (5), 80 Stat. 896; July
                5, 1968, Pub. L. 90-374, 82 Stat. 283; Oct. 22, 1968, Pub.
                L. 90-623, Sec. 2(8), 82 Stat. 1314; Sept. 22, 1970, Pub. L.
                91-405, Title II, Sec. 204(c), 84 Stat. 852; Aug. 7, 1972,
                Pub. L. 92-365, Sec. 1(3), 86 Stat. 505; Nov. 29, 1973, Pub.
                L. 93-171, Sec. 3(1)-(4), 87 Stat. 690; Oct. 7, 1975, Pub.
                L. 94-106, Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec.
                12, 1980, Pub. L. 96-513, Title V, Part B, Sec. 514(11), 94
                Stat. 2935; Dec. 4, 1980, Pub. L. 96-600, Sec. 2(c), 94
                Stat. 3493; Oct. 14, 1981, Pub. L. 97-60, Title II,
                Sec. 203(c)(1), 95 Stat. 1006; Sept. 24, 1983, Pub. L. 98-
                94, Title X, Part A, Sec. 1005(a)(3), (b)(3), 97 Stat. 660,
                661; Nov. 29, 1989, Pub. L. 101-189, Div. A, Title XVI, Part
                C, Sec. 1621(a)(1), 103 Stat. 1602; Nov. 5, 1990, Pub. L.
                101-510, Div. A, Title V, Part C, Sec. 532(c)(1), 104 Stat
                1563; Nov. 30, 1993, Pub. L. 103-160, Div. A, Title V,
                Subtitle C, Sec. 531, 107 Stat. 1657; Oct. 5, 1994, Pub. L.
                103-337, Div. A, Title XVI, Subtitle D, Sec. 1674(c)(3), 108
                Stat. 3017; Feb. 10, 1996, Pub. L. 104-106, Div. A, Title V,
                Subtitle D, Part I, Sec. 532(c), Title XV, Sec. 1502(a)(1),
                110 Stat. 315, 502; Nov. 18, 1997, Pub. L. 105-85, Div. A,
                Title X, Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903; Pub.
                L. 106-65, Div. A, Title V, Sec. 531(b)(3), Title X,
                Sec. 1067(1), Oct. 5, 1999, 113 Stat. 602, 774; Oct. 30,
                2000, Pub. L. 106-398, Sec. 1 [Div. A, Title V, Sec. 531(c)
                114 Stat. 1654A-110].

           945  Sec. 9355. Board of Visitors.
                    (a) A Board of Visitors to the Academy is constituted
                annually of--
                                (1) the chairman of the Committee on Armed
                            Services of the Senate, or his designee;
                                (2) three other members of the Senate
                            designated by the Vice President or the
                            President pro tempore of the Senate, two of whom
                            are members of the Committee on Appropriations
                            of the Senate;
                                (3) the Chairman of the Committee on Armed
                            Services of the House of Representatives, or his
                            designee;
                                (4) four other members of the House of
                            Representatives designated by the Speaker of the
                            House of Representatives, two of whom are
                            members of the Committee on Appropriations of
                            the House of Representatives; and
                                (5) six persons designated by the President.
                    (b) The persons designated by the President serve for
                three years each except that any member whose term of office
                has expired shall continue to serve until his successor is
                appointed. The President shall designate two persons each
                year to succeed the members whose terms expire that year.
                    (c) If a member of the board dies or resigns, a
                successor shall be designated for the unexpired portion of
                the term by the official who designated the member.
                    (d) The Board shall visit the Academy annually. With the
                approval of the Secretary of the Air Force, the Board or its
                members may make other visits to the Academy in connection
                with the duties of the Board or to consult with the
                Superintendent of the Academy.
                    (e) The Board shall inquire into the morale and
                discipline, the curriculum, instruction, physical equipment,
                fiscal affairs, academic methods, and other matters relating
                to the Academy which the Board decides to consider.

    [[Page 730]]

                    (f) Within 60 days after its annual visit, the Board
                shall submit a written report to the President of its
                action, and of its views and recommendations pertaining to
                the Academy. Any report of a visit, other than the annual
                visit, shall, if approved by a majority of the members of
                the Board, be submitted to the President within 60 days
                after the approval.
                    (g) Upon approval by the Secretary, the Board may call
                in advisers for consultation.
                    (h) While performing his duties, each member of the
                board and each adviser be reimbursed under Government travel
                regulations for his travel expenses. (Aug. 10, 1956, ch.
                1041, Sec. 1, 70A Stat. 567; Dec. 23, 1980, Pub. L. 95-579,
                Sec. 13(c), 94 Stat. 3369; Feb. 10, 1996, Pub. L. 104-106,
                Div A, Title X, Subtitle F, Sec. 1061(e)(2), Title XV,
                Sec. 1502(a)(12), 110 Stat. 443, 503; Pub. L. 106-65, Div.
                A, Title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)

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

           946  Sec. 10541. National Guard and reserve component equipment:
                    annual report to Congress.
                    (a) The Secretary of Defense shall submit to the
                Congress each year, not later than February 15, a written
                report concerning the equipment of the National Guard and
                the reserve components of the armed forces for each of the
                three succeeding fiscal years.
                    (b) Each report under this section shall include the
                following:
                                (1) Recommendations as to the type and
                            quantity of each major item of equipment which
                            should be in the inventory of the Selected
                            Reserve of the Ready Reserve of each reserve
                            component of the armed forces.
                                (2) A statement of the quantity and average
                            age of each type of major item of equipment
                            which is expected to be physically available in
                            the inventory of the Selected Reserve of the
                            Ready Reserve of each reserve component as of
                            the beginning of each fiscal year covered by the
                            report.
                                (3) A statement of the quantity and cost of
                            each type of major item of equipment which is
                            expected to be procured for the Selective
                            Reserve of the Ready Reserve of each reserve
                            component from commercial sources or to be
                            transferred to each such Selected Reserve from
                            the active-duty components of the armed forces.
                                (4) A statement of the quantity of each type
                            of major item of equipment which is expected to
                            be retired, decommissioned, transferred, or
                            otherwise removed from the physical inventory of
                            the Selected Reserve of the Ready Reserve of
                            each reserve component and the plans for
                            replacement of that equipment.
                                (5) A listing of each major item of
                            equipment required by the Selected Reserve of
                            the Ready Reserve of each reserve component
                            indicating--

                                    (A) the full war-time requirement of
                                that component for that item, shown in
                                accordance with deployment schedules and
                                requirements over successive 30-day periods
                                following mobilization;

                                    (B) the number of each such item in the
                                inventory of the component;

    [[Page 731]]

                                    (C) a separate listing of each such item
                                in the inventory that is a deployable item
                                and is not the most desired item;

                                    (D) the number of each such item
                                projected to be in the inventory at the end
                                of the third succeeding fiscal year; and

                                    (E) the number of nondeployable items in
                                the inventory as a substitute for a required
                                major item of equipment.

                                (6) A narrative explanation of the plan of
                            the Secretary concerned to provide equipment
                            needed to fill the war-time requirement for each
                            major item of equipment to all units of the
                            Selected Reserve, including an explanation of
                            the plan to equip units of the Selected Reserve
                            that are short of major items of equipment at
                            the outset of war.
                                (7) For each item of major equipment
                            reported under paragraph (3) in a report for one
                            of the three previous years under this section
                            as an item expected to be procured for the
                            Selected Reserve or to be transferred to the
                            Selected Reserve, the quantity of such equipment
                            actually procured for or transferred to the
                            Selected Reserve.
                                (8) A statement of the current status of the
                            compatibility of equipment between Army reserve
                            components and active forces of the Army, the
                            effect of that level of incompatibility on
                            combat effectiveness, and a plan to achieve full
                            equipment compatibility.
                    (c) Each report under this section shall be expressed in
                the same format and with the same level of detail as the
                information presented in the annual Five Year Defense
                Program Procurement Annex prepared by the Department of
                Defense. (Added Pub. L. 101-510, Sec. 1483(a), Nov. 5, 1990,
                104 Stat. 1714 [former Sec. 115(a)(2), (3)]; amended Pub. L.
                102-484, Sec. 1134, Oct. 23, 1992, 106 Stat. 2541;
                transferred, redesignated Sec. 10541, and amended Pub. L.
                103-337, Sec. 1661(d)(2), Oct. 5, 1994, 108 Stat. 2982.)