(e)(1) The Secretary of Defense may waive any requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the Secretary determines that inclusion of that information in the report would adversely affect the national security. Any such waiver shall be made on a case-by-case basis.

(2) If the Secretary exercises the authority provided under paragraph (1), the Secretary shall provide the information described in that subsection with respect to the special access program concerned, and the justification of the waiver, jointly to the chairman and ranking minority member of each of the defense committees.

(f) A special access program may not be initiated until

(1) the defense committees are notified of the program; and

(2) a period of 30 days elapses after such notification is received. (g) In this section, the term "defense committees" means—

(1) the Committees on Armed Services and Appropriations of the Senate and House of Representatives; and

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

Chapter 9.-DEFENSE BUDGET MATTERS

§ 221. Future-years defense program; submission to Congress; 441.2b consistency in budgeting.

(a) The Secretary of Defense shall submit to Congress each year, at or about the time that the President's budget is submitted to Congress that year under section 1105(a) of title 31, a future-years defense program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years defense program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.

(b)(1) The Secretary of Defense shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal year.

(2) Amounts referred to in paragraph (1) are the following;

(A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the future-years defense program submitted pursuant to subsection (a).

(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Defense included pursuant to paragraph (5) of section 1105(a) of title 31 in the budget submitted to Congress under that section for any fiscal year.

(c) Nothing in this section shall be construed to prohibit the inclusion in the future-years defense program of amounts for management contin

gencies, subject to the requirements of subsection (b). (Added Pub. L. 101-189, § 1602(a)(1), Nov. 29, 1989, 103 Stat. 1596; amended Pub. L. 101-510, § 1402(a), Nov. 5, 1990, 104 Stat. 1674; renumbered § 221 and amended Pub. L. 102-484, § 1002(c), Oct. 23, 1992, 106 Stat. 2480.) 441.2c §222. Future-years mission budget

(a) Future-years mission budget.-The Secretary of Defense shall submit to Congress for each fiscal year a future-years mission budget for the military programs of the Department of Defense. That budget shall be submitted for any fiscal year at the same time that the President's budget for that fiscal year is submitted to Congress pursuant to section 1105 of title 31.

(b) Consistency with future-years defense program.-The futureyears mission budget shall be consistent with the future-years defense program required under section 221 of this title. In the futureyears mission budget, the military programs of the Department of Defense shall be organized on the basis of major roles, missions, or forces of the Department of Defense.

(c) Relationship to other defense budget formats.-The requirement in subsection (a) is in addition to the requirements in any other provision of law regarding the format for the presentation regarding military programs of the Department of Defense in the budget submitted pursuant to section 1105 of title 31 for any fiscal year. (Added Pub. L. 102-484, Div. A, Title X, § 1002(a)(2), Oct. 23, 1992, 106 Stat. 2480.)

441.2d §226. Scoring of outlays.

(a) Annual OMB/CBO_report.—Not later than December 15 of each year, the Director of the Office of Management and Budget and the Director of the Congressional Budget Office shall submit to the Speaker of the House of Representatives and the Committees on Armed Services, Appropriations, and the Budget of the Senate a joint report containing an agreed resolution of all differences between

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

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

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

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

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

(Added Pub. L. 102-190, Div. A, Title X, § 1002(a)(1), Dec. 5, 1991, 105 Stat. 1455, §221; renumbered §226, Pub. L. 102-484, Div. A, Title X, § 1002(a)(1), Oct. 23, 1992, 106 Stat. 2480; amended Pub. L. 103160, § 1104, Nov. 30, 1993, 107 Stat. 1749.)

Chapter 403.-UNITED STATES MILITARY ACADEMY

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

(1) 65 cadets selected in order of merit as established by competitive examinations from the children of members of the armed forces who were killed in action or died of, or have a service-connected disability rated at not less than 100 per centum resulting from, wounds or injuries received or diseases contracted in, or preexisting injury or disease aggravated by, active service, children of members who are in a "missing status" as defined in section 551(2) of title 37, and children of civilian employees who are in "missing status" as defined in section 5561(5) of title 5. The determination of the Department of Veterans Affairs as to service connection of the cause of death or disability, and the percentage at which the disability is rated, is binding upon the Secretary of the Army.

(2) Five cadets nominated at large by the Vice President or, if there is no Vice President, by the President pro tempore of the Senate.

(3) Ten cadets from each State, five of whom are nominated by each Senator from that State.

(4) Five cadets from each congressional district, nominated by the Representative from the district.

(5) Five cadets from the District of Columbia, nominated by the Delegate to the House of Representatives from the District of Columbia.

(6) Two cadets from the Virgin Islands, nominated by the Delegate in Congress from the Virgin Islands.

(7) Six cadets from Puerto Rico, five of whom are nominated by the Resident Commissioner from Puerto Rico and one who is a native of Puerto Rico nominated by the Governor of Puerto Rico. (8) Two cadets from Guam, nominated by the Delegate in Congress from Guam.

(9) One cadet from American Samoa, nominated by the Delegate in Congress from American Samoa.

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

(b) In addition, there may be appointed each year at the Academy cadets as follows:

(1) One hundred selected by the President from the children of members of an armed force who

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

(B) are, or who died while they were, retired with pay or granted retired or retainer pay, other than those granted retired pay under section 12731 of this title (or under section 1331 of this title as in effect before the effective date of the Reserve Officer Personnel Management Act);

however, a person who is eligible for selection under clause (1) of subsection (a) may not be selected under this clause.

(2) 85 nominated by the Secretary of the Army from enlisted members of the Regular Army.

(3) 85 nominated by the Secretary of the Army from enlisted members of reserve components of the Army.

(4) 20 nominated by the Secretary of the Army, under regulations prescribed by him, from the honor graduates of schools designated as honor schools by the Department of the Army, the Department of the Navy, or the Department of the Air Force, and from members of the Reserve Officers' Training Corps.

(5) 150 selected by the Secretary of the Army in order of merit (prescribed pursuant to section 4343 of this title) from qualified alternates nominated by persons named in clauses (3) and (4) of subsection (a).

(c) The President may also appoint as cadets at the Academy children of persons who have been awarded the Medal of Honor for acts performed while in the armed forces.

(d) The Superintendent may nominate for appointment each year 50 persons from the country at large. Persons nominated under this paragraph may not displace any appointment authorized under clauses (2) through (9) of subsection (a) and may not cause the total strength of the Corps of Cadets to exceed the authorized number.

(e) If the annual quota of cadets under subsection (b) (1), (2), (3) is not filled, the Secretary may fill the vacancies by nominating for appointment other candidates from any of these sources who were found best qualified on examination for admission and not otherwise nominated.

(f) Each candidate for admission nominated under clauses (3) through (9) of subsection (a) must be domiciled in the State, or in the congressional district, from which he is nominated, or in the District of Columbia, Puerto Rico, American Samoa, Guam, or the Virgin Islands, if nominated from one of those places.

(g) The Secretary of the Army may limit the number of cadets authorized to be appointed under this section to the number that can be adequately accommodated at the Academy, as determined by the Secretary after consulting with the Committees on Armed Services of the Senate and House of Representatives, subject to the following:

(1) Cadets chargeable to each nominating authority named in subsection (a) (3) or (4) may not be limited to less than four.

(2) If the Secretary limits the number of appointments under subsection (a) (3) or (4), appointments under subsection (b) (1)– (4) are limited as follows:

(A) 26 appointments under subsection (b)(1);
(B) 27 appointments under subsection (b)(2);

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

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

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

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

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

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

(4) The limitations provided for in this subsection do not affect the operation of subsection (e).

(h) The Secretary of the Army shall furnish to any Member of Congress, upon the written requests of such Member, the name of the Congressman or other nominating authority responsible for nomination of any named or identified person for appointment to the Academy. (Aug. 10, 1956, ch. 1041, 70A Stat. 240; Sept. 2, 1958, Pub. L. 85861, §33(a)(26), 72 Stat. 1565; Sept. 14, 1962, Pub. L. 87–663, § 1(1), (2), 76 Stat. 547; Mar. 3, 1964, Pub. L. 88-276, § 1(1), 78 Stat. 148; Oct. 13, 1966, Pub. L. 89-650, § 1(1)–(4), 80 Stat. 896; July 5, 1968, Pub. L. 90-374, 82 Stat. 283; Sept. 22, 1970, Pub. L. 91–405, § 204(c), 84 Stat. 852; Aug. 7, 1972, Pub. L. 92–365, § 1(1), 86 Stat. 505; Nov. 29, 1973, Pub. L. 93-171, § 1(1)-(4), 87 Stat. 690; Oct. 7, 1975, Pub. L. 94-106, Title VIII, §803(b)(1), 89 Stat. 538; Dec. 12, 1980, Pub. L. 96-513, Title V, § 512(13), 94 Stat. 2930; Dec. 24, 1980, Pub. L. 96-600, § 2(a), 94 Stat. 3493; Oct. 14, 1981, Pub. L. 97-60, Title II, § 203(a)(1), 95 Stat. 1006; Sept. 24, 1983, Pub. L. 98-94, Title X, § 1005(a)(1) and (b)(1), 97 Stat. 660; Nov. 5, 1990, Pub. L. 101-510, § 532, 104 Stat. 1563; Nov. 30, 1993, § 531 Pub. L. 103-160, 107 Stat. 1657; Oct. 5, 1994, Pub. L. 103–337, § 1672(c)(3), 108 Stat. 3015.)

§ 4355. Board of Visitors.

(a) A Board of Visitors to the Academy is constituted annually of— (1) the chairman of the Committee on Armed Services of the Senate, or his designee;

(2) three other members of the Senate designated by the Vice President or the President pro tempore of the Senate, two of whom are members of the Committee on Appropriations of the Senate; (3) the chairman of the Committee on Armed Services of the House of Representatives, or his designee;

(4) four other members of the House of Representatives designated by the Speaker of the House of Representatives, two of whom are members of the Committee on Appropriations of the House of Representatives; and

(5) six persons designated by the President.

(b) The persons designated by the President serve for three years each except that any member whose term of office has expired shall continue to serve until his successor is appointed. The President shall designate two persons each year to succeed the members whose terms expire that year.

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