    [United States Senate Manual, 112th Congress]
    [S. Doc. 112-1]
    [USCODETITLE]
    [Pages 880-906]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 880]]

                                   TITLE 10.--ARMED FORCES

                              Chapter 2.--DEPARTMENT OF DEFENSE

                                        * * * * * * *

          1200  Sec. 114. Annual authorization of appropriations.
                    (a) No funds may be appropriated for any fiscal year to
                or for the use of any armed force or obligated or expended
                for--
                                (1) procurement of aircraft, missiles, or
                            naval vessels;
                                (2) any research, development, test, or
                            evaluation, or procurement or production related
                            thereto;
                                (3) procurement of tracked combat vehicles;
                                (4) procurement of other weapons;
                                (5) procurement of naval torpedoes and
                            related support equipment;
                                (6) military construction;
                                (7) the operation and maintenance of any
                            armed force or of the activities and agencies of
                            the Department of Defense (other than the
                            military departments);
                                (8) procurement of ammunition; or
                                (9) other procurement by any armed force or
                            by the activities and agencies of the Department
                            of Defense (other than the military
                            departments);

                unless funds therefor have been specifically authorized by
                law.

                    (b) In subsection (a)(6), the term ``military
                construction'' includes any construction, development,
                conversion, or extension of any kind which is carried out
                with respect to any military facility or installation
                (including any Government-owned or Government-leased
                industrial facility used for the production of defense
                articles and any facility to which section 2353 of this
                title applies), any activity to which section 2807 of this
                title applies, any activity to which chapter 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 881]]

                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, Pub.L. 93-155, Title
                VIII, Sec. 803(a), 87 Stat. 612; Oct. 7, 1975, Pub.L. 94-
                106, Title VIII, Sec. 801(a), 89 Stat. 537; July 14, 1976,
                Pub.L. 94-361, Title III, Sec. 302, 90 Stat. 924; Nov. 9,
                1979, Pub.L. 96-107, Title III, Sec. 303(b), 93 Stat. 806;
                Sept. 8, 1980, Pub.L. 96-342, Title X, Sec. 1001(a)(1), (b),
                (c), (d)(1), 94 Stat. 1117; Dec. 12, 1980, Pub.L. 96-513,
                Title I, Sec. 102, Title V, Part B, Sec. 511(4), 94 Stat.
                2840, 2920; July 10, 1981, Pub.L. 97-22, Sec. 2(b), 95 Stat.
                124; Dec. 1, 1981, Pub.L. 97-86, Title III, Sec. 302, Title
                IX, Sec. Sec. 901(a), 902, 903, 95 Stat. 1104, 1113; Dec.
                29, 1981, Pub.L. 97-113, Title I, Sec. 108(b), 95 Stat.
                1524; July 12, 1982, Pub.L. 97-214, Sec. 4, 96 Stat. 170;
                Sept. 8, 1982, Pub.L. 97-252, Title IV, Sec. 402(a), Title
                XI, Sec. Sec. 1103, 1105, 96 Stat. 725, 738; Oct. 12, 1982,
                Pub.L. 97-295, Sec. 1(3), (4), 96 Stat. 1289; Oct. 19, 1984,
                Pub.L. 98-525, Title XIV, Sec. 1405(2), 98 Stat. 2621; Nov.
                8, 1985, Pub.L. 99-145, Title XII, Part A, Sec. 1208, Title
                XIV, Part A, Sec. 1403, 99 Stat. 723, 743; Oct. 1, 1986,
                Pub.L. 99-433, Title I, Sec. Sec. 101(a)(2) in part, 110(b),
                100 Stat. 994, 1002; Nov. 14, 1986, Pub.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, Pub.L.
                100-26, Sec. 7(j)(1), 101 Stat. 282; Dec. 4, 1987, Pub.L.
                100-180, Div. A, Title XII, Part A, Sec. 1203, 101 Stat.
                1154; Nov. 29, 1989, Pub.L. 101-189, Div. A, Title XVI, Part
                A, Sec. 1602(b), 103 Stat. 1597; Nov. 5, 1990, Pub.L. 101-
                510, Div. A, Title XIV, Part H, Sec. 1481(a)(1), 104 Stat.
                1704; Feb. 10, 1996, Pub.L. 104-106, Div. A, Title XV,
                Sec. 1501(c)(2), 110 Stat. 498; Sept. 23, 1996, Pub.L. 104-
                201, Div. A, Title X, Subtitle A, Sec. 1005, 110 Stat.
                2632.)
          1201  Sec. 115. Personnel strengths: requirement for annual
                    authorization.
                    (a) Active-Duty and Selected Reserve End Strengths To Be
                Authorized by Law.--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,
                            unless on active duty pursuant to subsection (b)
                            and (B) active-duty personnel and full-time
                            National Guard duty personnel who are to be paid
                            from funds appropriated for reserve personnel
                            unless on active duty or full-time National
                            Guard duty pursuant to subsection (b).
                                (2) The end strength for the Selected
                            Reserve of each reserve component of the armed
                            forces.
                    (b) Certain Reserves on Active Duty To Be Authorized by
                Law.--(1) Congress shall annually authorize the maximum
                number of members of a reserve component permitted to be on
                active duty or full-time National Guard duty at any given
                time who are called or ordered to--

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                                (A) active duty under section 12301(d) of
                            the title for the purpose of providing
                            operational support, as prescribed in regulation
                            issued by the Secretary of Defense:
                                (B) full-time National Guard duty under
                            section 502(f)(2) of title 32 for the purpose of
                            providing operational support when authorized by
                            the Secretary of Defense;
                                (C) active duty under section 12301(d) of
                            this title or full-time National Guard duty
                            under section 502(f)(2) of title 32 for the
                            purpose of preparing for and performing funeral
                            honors functions for funerals of veterans under
                            section 1491 of this title;
                                (D) active duty or retained on active duty
                            under sections 12301(g) of this title while in a
                            captive status; or
                                (E) active duty or retained on active duty
                            under 12301(h) or 12322 of this title for the
                            purpose of medical evaluation or treatment.
                    (2) A member of a reserve component who exceeds either
                of the following limits shall be included in the strength
                authorized under subparagraph (A) or subparagraph (B), as
                appropriate, of subsection (a)(1):
                                (A) A call or order to active duty or full-
                            time National Guard duty that specifies a period
                            greater than three years.
                                (B) The cumulative periods of active duty
                            and full-time National Guard duty performed by
                            the member exceed 1095 days in the previous 1460
                            days.
                    (3) In determining the period of active service under
                paragraph (2), the following periods of active service
                performed by a member shall not be included:
                                (A) All periods of active duty performed by
                            a member who has not previously served in the
                            Selected Reserve of the Ready Reserve.
                                (B) All periods of active duty or full-time
                            National Guard duty for which the member is
                            exempt from strength accounting under paragraphs
                            (1) through (8) of subsection (i).
                    (c) Limitation on Appropriations for Military
                Personnel.--No funds may be appropriated for any fiscal year
                to or for--
                                (1) the use of active-duty personnel or
                            full-time National Guard duty personnel of any
                            of the armed forces (other than the Coast Guard)
                            unless the end strength for such personnel of
                            that armed force for that fiscal year has been
                            authorized by law;
                                (2) the use of the Selected Reserve of any
                            reserve component of the armed forces unless the
                            end strength for the Selected Reserve of that
                            component for that fiscal year has been
                            authorized by law; or
                                (3) the use of reserve component personnel
                            to perform active duty or full-time National
                            Guard duty under subsection (b) unless the
                            strength for such personnel for that reserve
                            component for that fiscal year has been
                            authorized by law.
                    (d) Military Technician (Dual Status) End Strengths To
                Be Authorized by Law.--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 sub

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                mitted 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.
                    (e) End-of-Quarter Strength Levels.--(1) The Secretary
                of Defense shall prescribe and include in the budget
                justification documents submitted to Congress in support of
                the President's budget for the Department of Defense for any
                fiscal year the Secretary's proposed end-of-quarter
                strengths for each of the first three quarters of the fiscal
                year for which the budget is submitted, in addition to the
                Secretary's proposed fiscal-year end-strengths for that
                fiscal year. Such end-of-quarter strengths shall be
                submitted for each category of personnel for which end
                strengths are required to be authorized by law under
                subsection (a) or (d). The Secretary shall ensure that
                resources are provided in the budget at a level sufficient
                to support the end-of-quarter and fiscal-year end-strengths
                as submitted.
                    (2)(A) After annual end-strength levels required by
                subsections (a) and (d) are authorized by law for a fiscal
                year, the Secretary of Defense shall promptly prescribe end-
                of-quarter strength levels for the first three quarters of
                that fiscal year applicable to each such end-strength level.
                Such end-of-quarter strength levels shall be established for
                any fiscal year as levels to be achieved in meeting each of
                those annual end-strength levels authorized by law in
                accordance with subsection (a) (as such levels may be
                adjusted pursuant to subsection (f)) and subsection (d).
                    (B) At least annually, the Secretary of Defense shall
                establish for each of the armed forces (other than the Coast
                Guard) the maximum permissible variance of actual strength
                for an armed force at the end of any given quarter from the
                end-of-quarter strength established pursuant to subparagraph
                (A). Such variance shall be such that it promotes the
                maintaining of the strength necessary to achieve the end-
                strength levels authorized in accordance with subsection (a)
                (as adjusted pursuant to subsection (f)) and subsection (d).
                    (3) Whenever the Secretary establishes an end-of-quarter
                strength level under subparagraph (A) of paragraph (2), or
                modifies a strength level under the authority provided in
                subparagraph (B) of paragraph (2), the Secretary shall
                notify the Committee on Armed Services of the Senate and the
                Committee on Armed Services of the House of Representatives
                of that strength level or of that modification, as the case
                may be.
                    (f) Authority for Secretary of Defense Variances for
                Active Duty and Selected Reserve Strengths.--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 3 percent of that end
                            strength;
                                (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;
                                (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; and

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                                (4) increase the maximum strength authorized
                            pursuant to subsection (b)(1) for a fiscal year
                            for certain reserves on active duty for any of
                            the reserve components by a number equal to not
                            more than 10 percent of that strength.
                    (g) Authority for Service Secretary Variances for
                Active-Duty End Strengths.--Upon determination by the
                Secretary of a military department that such action would
                enhance manning and readiness in essential units or in
                critical specialties or ratings, the Secretary may increase
                the end strength authorized pursuant to subsection (a)(1)(A)
                for a fiscal year for the armed force under the jurisdiction
                of that Secretary or, in the case of the Secretary of the
                Navy, for any of the armed forces under the jurisdiction of
                that Secretary. Any such increase for a fiscal year--
                    (1) shall be by a number equal to not more than 2
                percent of such authorized end strength; and
                    (2) shall be counted as part of the increase for that
                armed force for that fiscal year authorized under subsection
                (f)(1).
                    (h) Adjustment When Coast Guard is Operating as a
                Service in the Navy.--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.
                    (i) \1\ Certain Personnel Excluded from Counting for
                Active-Duty End Strengths.--In counting personnel for the
                purpose of the end-strengths authorized pursuant to
                subsection (a)(1), persons in the following categories shall
                be excluded:
                    \1\[Repealed. Pub.L. 109-364, Div. A, Title X,
                    Sec. 1071(a)(1)(A), Oct. 17, 2006, 120 Stat. 2398]
                                (1) Members of a reserve component ordered
                            to active duty under section 12301(a) of this
                            title.
                                (2) Members of a reserve component in an
                            active status ordered to active duty under
                            section 12301(b) of this title.
                                (3) Members of the Ready Reserve ordered to
                            active duty under section 12302 of this title.
                                (4) Members of the Selected Reserve of the
                            Ready Reserve or members of the Individual Ready
                            Reserve mobilization category described in
                            section 10144(b) of this title ordered to active
                            duty under section 12304 of this title.
                                (5) Members of the National Guard called
                            into Federal service under section 12406 of this
                            title.
                                (6) Members of the militia called into
                            Federal service under chapter 15 of this title.
                                (7) Members of the National Guard on full-
                            time National Guard duty under section 502(f)(1)
                            of title 32.
                                (8) Members of reserve components on active
                            duty for training or full-time National Guard
                            duty for training.
                                (9) Members of the Selected Reserve of the
                            Ready Reserve on active duty to support programs
                            described in section 1203(b) of the Cooperative
                            Threat Reduction Act of 1993 (22 U.S.C.
                            5952(b)).
                                (10) Members of the National Guard on active
                            duty or full-time National Guard duty for the
                            purpose of carrying out drug interdiction and
                            counter-drug activities under section 112 of
                            title 32.

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                                (11) Members of a reserve component on
                            active duty under section 10(b)(2) of the
                            Military Selective Service Act (50 U.S.C. App.
                            460(b)(2)) for the administration of the
                            Selective Service System.
                                (12) Members of the National Guard on full-
                            time National Guard duty for the purpose of
                            providing command, administrative, training, or
                            support services for the National Guard
                            Challenge Program authorized by section 509 of
                            title 32.
                                (13) Members of the National Guard on full-
                            time National Guard duty involuntarily and
                            performing homeland defense activities under
                            chapter 9 of title 32. (Added Pub.L. 101-510,
                            Div. A, Title XIV, Sec. 1483(a), Nov. 5, 1990,
                            104 Stat. 1710, and amended Pub.L. 102-190, Div.
                            A, Title III, Sec. 312(a), Dec. 5, 1991, 105
                            Stat. 1335; Pub.L. 104-106, Div. A, Title IV,
                            Sec. Sec. 401(c), 415, Title V, Sec. 513(a)(1),
                            Title X, Sec. 1061(c), Title XV,
                            Sec. 1501(c)(3), Feb. 10, 1996, 110 Stat. 286,
                            288, 305, 442, 498; Pub.L. 105-85, Div. A, Title
                            IV, Sec. 413(b), Title V, Sec. 522(i)(1), Nov.
                            18, 1997, 111 Stat. 1720, 1736; Pub.L. 106-65,
                            Div. A, Title IV, Sec. 415, Oct. 5, 1999, 113
                            Stat. 587; Pub.L. 106-398, Sec. 1, [Div. A.,
                            Title IV, Sec. 422], Oct. 30, 2000, 114 Stat.
                            1654, 1654A-96; Pub.L. 107-107, Div. A, Title
                            IV, Sec. Sec. 421(a), 422, Dec. 28, 2001, 115
                            Stat. 1076, 1077; Pub.L. 107-314, Div. A, Title
                            IV, Sec. 403, Dec. 2, 2002, 116 Stat. 2525;
                            Pub.L. 108-136, Div. A, Title IV, Sec. 403(a),
                            (b), Nov. 24, 2003, 117 Stat. 1450; Pub.L. 108-
                            375, Div. A, Title IV, Sec. 416(a) to (d), Title
                            V, Sec. 512(b), Oct. 28, 2004, 118 Stat. 1866,
                            1880; Pub.L. 109-364, Div. A, Title X,
                            Sec. 1071(a)(1), (g)(1)(A), Oct. 17, 2006, 120
                            Stat. 2398, 2402.)
          1202  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:

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                                (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) Repealed (Pub.L. 104-106, Div. A, Title X,
                Sec. 1061(d)(4), Feb. 10, 1996, 110 Stat. 442).
                    (g) Redesignated (e).
                    (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

    [[Page 887]]

                year, of the following (displayed in the aggregate and
                separately for 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.)

          1203  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,

    [[Page 888]]

                            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. 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.)
          1204  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 which the program
                                has been conducted before the fiscal year
                                during which that budget is submitted; and

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

                    (3) In the case of a report under paragraph (1)
                submitted in a year during which the President's budget for
                the next fiscal year, because 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.

    [[Page 889]]

                    (3) In this subsection, the term ``new special access
                program'' means a special access program that has not
                previously been covered in a notice and justification under
                this subsection.
                    (c)(1) Whenever a change in the classification of a
                special access program of the Department of Defense is
                planned to be made or whenever classified information
                concerning a special access program of the Department of
                Defense is to be declassified and made public, the Secretary
                of Defense shall submit to the defense committees a report
                containing a description of the proposed change, the reasons
                for the proposed change, and notice of any public
                announcement planned to be made with respect to the proposed
                change.
                    (2) Except as provided in paragraph (3), any report
                referred to in paragraph (1) shall be submitted not less
                than 14 days before the date on which the proposed change or
                public announcement is to occur.
                    (3) If the Secretary determines that because of
                exceptional circumstances the requirement of paragraph (2)
                cannot be met with respect to a proposed change or public
                announcement concerning a special access program of the
                Department of Defense, the Secretary may submit the report
                required by paragraph (1) regarding the proposed change or
                public announcement at any time before the proposed change
                or public announcement is made and shall include in the
                report an explanation of the exceptional circumstances.
                    (d) Whenever there is a modification or termination of
                the policy and criteria used for designating a program of
                the Department of Defense as a special access program, the
                Secretary of Defense shall promptly notify the defense
                committees of such modification or termination. Any such
                notification shall contain the reasons for the modification
                or termination and, in the case of a modification, the
                provisions of the policy as modified.
                    (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,

    [[Page 890]]

                            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.)

                             Chapter 9.--DEFENSE BUDGET MATTERS

          1205  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.)
          1206  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 891]]

                (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.)
          1207  Sec. 226. Scoring of outlays.
                (a) Annual OMB/CBO report
                    Not later than April 1 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 that
                            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; Pub.L. 108-136,
                            Sec. 1031(a) Nov. 24, 2003, 117 Stat. 1596;
                            Pub.L. 109-364, Div. A, Title X, Sec. 1007, Oct.
                            17, 2006, 120 Stat. 2373.)

                                        * * * * * * *

                        Chapter 403.--UNITED STATES MILITARY ACADEMY

          1208  Sec. 4342. Cadets: appointment; 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 aca

    [[Page 892]]

                demic 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 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) Three 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) Three cadets from Guam, nominated by the
                            Delegate in Congress from Guam.
                                (9) Two cadets 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;

    [[Page 893]]

                                    (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
                            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).

    [[Page 894]]

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

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

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

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

                                (4) The limitations provided for in this
                            subsection do not affect the operation of
                            subsection (e).
                    (h) The Superintendent 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;
                Pub.L. 108-136, Div. A, Title V, Sec. 524(a), Title X,
                Sec. 1031(a)(53), Nov. 24, 2003, 117 Stat. 1464, 1603;
                Pub.L. 109-364, Div. A, Title X, Sec. 1071(a)(28), Oct. 17,
                2006, 120 Stat. 2399.).
          1209  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;

    [[Page 895]]

                                (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 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

          1210  Sec. 4689. Transfer of material and equipment to the
                    Architect of the Capitol.
                    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, 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; Pub.L.
                107-217, Sec. 2(1), Aug. 21, 2002, 116 Stat. 1294; Pub.L.
                108-375, Sec. 1084(d)(26), Oct. 28, 2004, 118 Stat. 2063.)

    [[Page 896]]

                          Chapter 603.--UNITED STATES NAVAL ACADEMY

          1211  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 or such higher number as may
                be prescribed by the Secretary of the Navy under subsection
                (h).
                                (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 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) Three 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) Three from Guam, nominated by the
                            Delegate in Congress from Guam.
                                (9) Two 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;

    [[Page 897]]

                                    (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 Navy Reserve
                            and the Marine Corps Reserve.
                                (4) 20 nominated by the Secretary of the
                            Navy, under regulations prescribed by him, from
                            the honor graduates of schools designated as
                            honor schools by the Department of the Army, the
                            Department of the Navy, or the Department of the
                            Air Force, and from members of the Naval Reserve
                            Officers' Training Corps.
                                (5) 150 selected by the Secretary of the
                            Navy in order of merit (prescribed pursuant to
                            section 6956 of this title) from qualified
                            alternates nominated by 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 Superintendent of the Naval Academy 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.
                    (h)(1) Beginning with the 2003-2004 academic year, the
                Secretary of the Navy may prescribe annual increases in the
                midshipmen strength limit in effect under subsection (a).
                For any academic year, any such increase shall be by no more
                than 100 midshipmen or such lesser number as applies under
                paragraph (3) for that year. Such annual increases

    [[Page 898]]

                may be prescribed until the midshipmen strength limit is
                4,400. However, no increase may be prescribed for any
                academic year after the 2007-2008 academic year.
                    (2) Any increases in the midshipmen strength limit under
                paragraph (1) with respect to an academic year shall be
                prescribed not later than the date on which the budget of
                the President is submitted to Congress under section 1105 of
                title 31 for the fiscal year beginning in the same year as
                the year in which that academic year begins. Whenever the
                Secretary prescribes such an increase, the Secretary shall
                submit to Congress a notice in writing of the increase. The
                notice shall state the amount of the increase in the
                midshipmen strength limit and the new midshipmen strength
                limit, as so increased, and the amount of the increase in
                Senior Navy Reserve Officers' Training Corps enrollment
                under each of sections 2104 and 2107 of this title.
                    (3) The amount of an increase under paragraph (1) in the
                midshipmen strength limit for an academic year may not
                exceed the increase (if any) for the preceding academic year
                in the total number of midshipmen enrolled in the Navy
                Senior Reserve Officers' Training Corps program under
                chapter 103 of this title who have entered into an agreement
                under section 2104 or 2107 or this title.
                    (4) In this subsection, the term ``Midshipmen strength
                limit'' means the authorized maximum strength of the Brigade
                of Midshipmen. (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), 114 Stat. 1654A-109]; Dec. 28, 2001, Pub.L.
                107-107, Div. A, Title X, Sec. 1048(g)(1), 115 Stat. 1228;
                Pub.L. 107-314, Sec. 532(b)(1), Dec. 2, 2002, 116 Stat.
                2545; Pub.L. 108-136, Sec. Sec. 524(b), 1031(a)(55), Nov.
                24, 2003, 117 Stat. 1464; Pub.L. 109-163, Div. A, Title V,
                Sec. 515(b)(1)(Q), Jan. 6, 2006, 119 Stat. 3233.).
          1212  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;

    [[Page 899]]

                                (2) enlisted members of the Navy 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; Pub.L. 109-163, Div. A, Title V,
                Sec. 515(b)(1)(R), Jan. 6, 2006, 119 Stat. 3233.)
          1213  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 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.

    [[Page 900]]

                    (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

          1214  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 or such higher
                number as may be prescribed by the Secretary of the Air
                Force under subsection (j). 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.
                                (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.

    [[Page 901]]

                                (6) Three 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) Three cadets from Guam, nominated by the
                            Delegate in Congress from Guam.
                                (9) Two cadets 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 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.

    [[Page 902]]

                                (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 Superintendent 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.
                    (j)(1) Beginning with the 2003-2004 academic year, the
                Secretary of the Air Force may prescribe annual increases in
                the cadet strength limit in effect under subsection (a). For
                any academic year, any such increase shall be by no more
                than 100 cadets or such lesser number as applies under
                paragraph (3) for that year. Such annual increases

    [[Page 903]]

                may be prescribed until the cadet strength limit is 4,400.
                However, no increase may be prescribed for any academic year
                after the 2007-2008 academic year.
                    (2) Any increase in the cadet strength limit under
                paragraph (1) with respect to an academic year shall be
                prescribed not later than the date on which the budget of
                the President is submitted to Congress under sections 1105
                of title 31 for the fiscal year beginning in the same year
                as the year in which that academic year begins. Whenever the
                Secretary prescribes such an increase, the Secretary shall
                submit to Congress a notice in writing of the increase. The
                notice shall state the amount of the increase in the cadet
                strength limit and the new cadet strength limit, as so
                increased, and the amount of the increase in Senior Air
                Force Reserve Officers' Training Corps enrollment under each
                of sections 2104 and 2107 of this title.
                    (3) The amount of an increase under paragraph (1) in the
                cadet strength limit for an academic year may not exceed the
                increase (if any) for the preceding academic year in the
                total number of cadets enrolled in the Air Force Senior
                Reserve Officers' Training Corps program under chapter 103
                of this title who have entered into an agreement under
                section 2104 or 2107 of this title.
                    (4) In this subsection the term ``cadet strength limit''
                means the authorized maximum strength of Air Force Cadets of
                the Academy.

                (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;
                Pub.L. 107-314, Div. A, Title V, Sec. 532(c), Dec. 2, 2002,
                116 Stat. 2546; Pub.L. 108-136, Sec. Sec. 824(c),
                1031(a)(58), Nov. 24, 2003, 117 Stat. 1464, 1063; Pub.L.
                109-364, Div. A, Title X, Sec. 1071(a)(38), Oct 17, 2006,
                120 Stat. 2400.).

          1215  Sec. 9355. Board of Visitors.
                    (a) A Board of Visitors to the Academy is constituted
                annually. The Board consists of the following members:
                                (1) Six persons designated by the President.
                                (2) The chairman of the Committee on Armed
                            Services of the House of Representatives, or his
                            designee.

    [[Page 904]]

                                (3) Four persons designated by the Speaker
                            of the House of Representatives, three of whom
                            shall be members of the House of Representatives
                            and the fourth of whom may not be a member of
                            the House of Representatives.
                                (4) The chairman of the Committee on Armed
                            Services of the Senate, or his designee.
                                (5) 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.
                    (b)(1) 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
                designated. The President shall designate persons each year
                to succeed the members designated by the President whose
                terms expire that year.
                    (2) At least two of the members designated by the
                President shall be graduates of the Academy.
                    (c)(1) If a member of the Board dies or resigns or is
                terminated as a member of the Board under paragraph (2), a
                successor shall be designated for the unexpired portion of
                the term by the official who designated the member.
                    (2)(A) If a member of the Board fails to attend two
                successive Board meetings, except in a case in which an
                absence is approved in advance, for good cause, by the Board
                chairman, such failure shall be grounds for termination from
                membership on the Board. A person designated for membership
                on the Board shall be provided notice of the provisions of
                this paragraph at the time of such designation.
                    (B) Termination of membership on the Board under
                subparagraph (A)--
                                (i) in the case of a member of the Board who
                            is not a member of Congress, may be made by the
                            Board chairman; and
                                (ii) in the case of a member of the Board
                            who is a member of Congress, may be made only by
                            the official who designated the member.
                    (C) When a member of the Board is subject to termination
                from membership on the Board under subparagraph (A), the
                Board chairman shall notify the official who designated the
                member. Upon receipt of such a notification with respect to
                a member of the Board who is a member of Congress, the
                official who designated the member shall take such action as
                that official considers appropriate.
                    (d) The Board should meet at least four times a year,
                with at least two of those meetings at the Academy. The
                Board or its members may make other visits to the Academy in
                connection with the duties of the Board. Board meetings
                should last at least one full day. Board members shall have
                access to the Academy grounds and the cadets, faculty,
                staff, and other personnel of the Academy for the purposes
                of the duties of the Board.
                    (e)(1) The Board shall inquire into the morale,
                discipline, and social climate, the curriculum, instruction,
                physical equipment, fiscal affairs, academic methods, and
                other matters relating to the Academy that the Board decides
                to consider.
                    (2) The Secretary of the Air Force and the
                Superintendent of the Academy shall provide the Board candid
                and complete disclosure, con

    [[Page 905]]

                sistent with applicable laws concerning disclosure of
                information, with respect to institutional problems.
                    (3) The Board shall recommend appropriate action.
                    (f) The Board shall prepare a semiannual report
                containing its views and recommendations pertaining to the
                Academy, based on its meeting since the last such report and
                any other considerations it determines relevant. Each such
                report shall be submitted concurrently to the Secretary of
                Defense, through the Secretary of the Air Force, and to the
                Committee on Armed Services of the Senate and the Committee
                on Armed Services of the House of Representatives.
                    (g) Upon approval by the Secretary, the Board may call
                in advisers for consultation.
                    (h) While performing duties as a member of the Board,
                each member of the Board and each adviser shall be
                reimbursed under Government travel regulations for 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; Pub.L. 108-375, Div. A, Title V,
                Sec. 543, Oct. 28, 2004, 118 Stat. 1904; Pub.L. 109-364,
                Div. A, Title X, Sec. 1071(a)(39), Oct. 17, 2006, 120 Stat.
                2400.)

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

          1216  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--

    [[Page 906]]

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

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

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

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

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

                                (6) A narrative explanation of the plan of
                            the Secretary concerned to provide equipment
                            needed to fill the war-time requirement for 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.)