[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.)