[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--
[[Page 882]]
(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
[[Page 883]]
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
[[Page 884]]
(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.
[[Page 885]]
(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:
[[Page 886]]
(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.)