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10 U.S.C. § 238 (ARMED FORCES)
§ 238. Cyber mission forces: program elements
(a) Budget Justification Display.—
The Secretary of Defense shall submit to Congress, as a part of the defense budget materials for fiscal year 2021 and each fiscal year thereafter, a budget justification display, in electronic and print formats, that includes—
(1) a major force program category for the five-year defense plan of the Department of Defense for the training, manning, and equipping of the cyber mission forces and the cyberspace operations forces; and
(2) program elements for the cyber mission forces and the cyberspace operations forces.
(b) Waiver.—
The Secretary may waive the requirement under subsection (a) for fiscal year 2021 if the Secretary—
(1) determines the Secretary is unable to comply with such requirement for fiscal year 2021; and
(2) establishes a plan to implement the requirement for fiscal year 2022.
(c) Submission.—
The Secretary shall provide the displays described in subsection (a)—
(1) in electronic format not later than five days after the submission by the President under section 1105(a) of title 31 of the budget; and
(2) in print format not later than 21 days after the submission by the President under section 1105(a) of title 31 of the budget.
(Added Pub. L. 113–291, div. A, title XVI, § 1631(a)(1), Dec. 19, 2014, 128 Stat. 3637; amended Pub. L. 116–283, div. A, title XVII, § 1701(2), Jan. 1, 2021, 134 Stat. 4080.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283, § 1701(2)(A)(i), substituted “2021” for “2017” and inserted “, in electronic and print formats,” after “display” in introductory provisions.
Subsec. (a)(1). Pub. L. 116–283, § 1701(2)(A)(ii), inserted “and the cyberspace operations forces” before the semicolon.
Subsec. (a)(2). Pub. L. 116–283, § 1701(2)(A)(iii), inserted “and the cyberspace operations forces” before period at end.
Subsec. (b). Pub. L. 116–283, § 1701(2)(B)(i), substituted “2021” for “2017” in introductory provisions.
Subsec. (b)(1). Pub. L. 116–283, § 1701(2)(B)(ii), substituted “2021” for “2017”.
Subsec. (b)(2). Pub. L. 116–283, § 1701(2)(B)(iii), substituted “2022” for “2018”.
Subsec. (c). Pub. L. 116–283, § 1701(2)(C), added subsec. (c).
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
10 U.S.C. § 239c (ARMED FORCES)
§ 239c. Certain multiyear contracts for acquisition of property: budget justification materials
(a) In General.—
In the budget justification materials submitted to Congress in support of the Department of Defense budget for fiscal year 2023 and each fiscal year thereafter (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary of Defense shall include a proposal for any multiyear contract of the Department entered into under section 3501 of this title that—
(1) the head of an agency intends to cancel during the fiscal year; or
(2) with respect to which the head of an agency intends to effect a covered modification during the fiscal year.
(b) Elements.—
Each proposal required by subsection (a) shall include the following:
(1) A detailed assessment of any expected termination costs associated with the proposed cancellation or covered modification of the multiyear contract.
(2) An updated assessment of estimated savings of such cancellation or carrying out the multiyear contract as modified by such covered modification.
(3) An explanation of the proposed use of previously appropriated funds for advance procurement or procurement of property planned under the multiyear contract before such cancellation or covered modification.
(4) An assessment of expected impacts of the proposed cancellation or covered modification on the defense industrial base, including workload stability, loss of skilled labor, and reduced efficiencies.
(c) Definitions.—
In this section:
(1) The term “covered modification” means a modification that will result in a reduction in the quantity of end items to be procured.
(2) The term “head of an agency” means—
(A) the Secretary of Defense;
(B) the Secretary of the Army;
(C) the Secretary of the Navy; or
(D) the Secretary of the Air Force.
(Added Pub. L. 117–81, div. A, title VIII, § 811(a), Dec. 27, 2021, 135 Stat. 1822; amended Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (a). Pub. L. 116–283, which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was executed by substituting “section 3501” for “section 2306b”. Section 1822(b) of title XVIII of Pub. L. 116–283 directed the redesignation of section 2306b of this title as section 3501, but such redesignation was executed by transferring the text of section 2306b to section 3501, as the section designation and catchline had already been enacted.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
10 U.S.C. § 240c (ARMED FORCES)
§ 240c. Audit: consolidated corrective action plan; centralized reporting system
The Under Secretary of Defense (Comptroller) shall—
(1) on a bimonthly basis, prepare a consolidated corrective action plan management summary on the status of key corrective actions plans related to critical capabilities for the armed forces and for the components of the Department of Defense that support the armed forces; and
(2) develop and maintain a centralized monitoring and reporting process that captures and maintains up-to-date information, including the standard data elements recommended in the implementation guide for Office of Management and Budget Circular A–123, for key corrective action plans and findings and recommendations Department-wide that pertain to critical capabilities.
(Added Pub. L. 115–91, div. A, title X, § 1002(d), Dec. 12, 2017, 131 Stat. 1540, § 253; renumbered § 240c, Pub. L. 115–232, div. A, title X, § 1002(a)(1)(A), Aug. 13, 2018, 132 Stat. 1945.)
heading: Editorial Notes
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 253 of this title as this section.
10 U.S.C. § 240e (ARMED FORCES)
§ 240e. Audits: use of commercial data integration and analysis products in preparing audits
(a) Deployment of Data Analytics Capabilities.—
The Secretary of Defense shall use competitive procedures under chapter 137 1 of this title to procure or develop technologies or services, including those based on commercially available information technologies and services to improve data collection and analyses to support preparation of auditable financial statements for the Department of Defense.
(b) Use of Funding and Resources.—
The Secretary of Defense may use science and technology funding, prototypes, and test and evaluation resources as appropriate in support of deployment of technologies and services as described in subsection (a).
(Added and amended Pub. L. 115–91, div. A, title X, § 1002(f)(1), (2), Dec. 12, 2017, 131 Stat. 1541, 1542, § 254a; renumbered § 240e, Pub. L. 115–232, div. A, title X, § 1002(a)(1)(A), Aug. 13, 2018, 132 Stat. 1945.)
heading: Editorial Notes
heading: Codification
text: Text of section, as added by Pub. L. 115–91, is based on text of subsecs. (a) and (b) of section 1003 of Pub. L. 114–328, div. A, title X, Dec. 23, 2016, 130 Stat. 2380, which were formerly set out in a note under section 2222 of this title, prior to repeal by Pub. L. 115–91, div. A, title X, § 1002(f)(3), Dec. 12, 2017, 131 Stat. 1542.
heading: References in Text
text: Chapter 137 of this title, referred to in subsec. (a), was repealed by Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293, effective Jan. 1, 2022, in conjunction with the transfer and reorganization of acquisition provisions in this title by Pub. L. 116–283, div. A, title XVIII, Jan. 1, 2022, 134 Stat. 4149.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 254a of this title as this section.
2017—Subsec. (a). Pub. L. 115–91, § 1002(f)(2)(A), substituted “of this title” for “of title 10, United States Code,” and struck out “, as soon as practicable,” after “develop”.
Subsec. (b). Pub. L. 115–91, § 1002(f)(2)(B), substituted “deployment of technologies and services as described in subsection (a)” for “this deployment”.
10 U.S.C. § 240f (ARMED FORCES)
§ 240f. Audits: selection of service providers for audit services
The Department of Defense shall select service providers for auditing services based on the best value to the Department, as determined by the resource sponsor for an auditing contract, rather than based on the lowest price technically acceptable service provider.
(Added and amended Pub. L. 115–91, div. A, title X, § 1002(g)(1), (2), Dec. 12, 2017, 131 Stat. 1542, § 254b; renumbered § 240f, Pub. L. 115–232, div. A, title X, § 1002(a)(1)(A), Aug. 13, 2018, 132 Stat. 1945.)
heading: Editorial Notes
heading: Codification
text: Text of section, as added by Pub. L. 115–91, is based on text of section 892 of Pub. L. 114–328, div. A, title VIII, Dec. 23, 2016, 130 Stat. 2324, which was formerly set out as a note under section 2331 of this title, prior to repeal by Pub. L. 115–91, div. A, title X, § 1002(g)(3), Dec. 12, 2017, 131 Stat. 1542.
heading: Amendments
text: 2018—Pub. L. 115–232 renumbered section 254b of this title as this section.
2017—Pub. L. 115–91, § 1002(g)(2), struck out “and audit readiness services” after “auditing services”.
heading: Statutory Notes and Related Subsidiaries
heading: Notification Requirement for Certain Contracts for Audit Services
text: Pub. L. 115–91, div. A, title X, § 1007, Dec. 12, 2017, 131 Stat. 1545, provided that:
“(a) Notification to Congress.—
If the Under Secretary of Defense (Comptroller) makes a written finding that a delay in performance of a covered contract while a protest is pending would hinder the annual preparation of audited financial statements for the Department of Defense, and the head of the procuring activity responsible for the award of the covered contract does not authorize the award of the contract (pursuant to section 3553(c)(2) of title 31, United States Code) or the performance of the contract (pursuant to section 3553(d)(3)(C) of such title), the Secretary of Defense shall—
“(1) notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] within 10 days after such finding is made; and
“(2) describe any steps the Department of Defense plans to take to mitigate any hindrance identified in such finding to the annual preparation of audited financial statements for the Department.
“(b) Covered Contract Defined.—
In this section, the term ‘covered contract’ means a contract for services to perform an audit to comply with the requirements of section 3515 of title 31, United States Code.”
10 U.S.C. § 240g (ARMED FORCES)
§ 240g. Defense Business Audit Remediation Plan
(a) In General.—
The Secretary of Defense shall maintain a plan, to be known as the “Defense Business Systems Audit Remediation Plan”. Such plan shall include a current accounting of the defense business systems of the Department of Defense that will be introduced, replaced, updated, modified, or retired in connection with the audit of the full financial statements of the Department, including a comprehensive roadmap that displays—
(1) in-service, retirement, and other pertinent dates for affected defense business systems;
(2) current cost-to-complete estimates for each affected defense business system;
(3) dependencies both between the various defense business systems and between the introduction, replacement, update, modification, and retirement of such systems;
(4) the amount spent by the Department on operating and maintaining financial management systems during the preceding five fiscal years; and
(5) the amount spent by the Department on acquiring or developing new financial management systems during such five fiscal years.
(b) Report and Briefing Requirements.—
(1) Annual report.—
Not later than June 30, 2020, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees an updated report on the Defense Business Systems Audit Remediation Plan under subsection (a).
(2) Semiannual briefings.—
Not later than January 31 and June 30 each year, the Secretary shall provide to the congressional defense committees a briefing on the status of the Defense Business Systems Audit Remediation Plan. Such briefing shall include a description of any updates to the defense business systems roadmap referred to in subsection (a).
(c) Defense Business System.—
In this section, the term “defense business system” has the meaning given such term in section 2222(i)(1)(A) of this title.
(Added Pub. L. 116–92, div. A, title X, § 1002(a), Dec. 20, 2019, 133 Stat. 1570; amended Pub. L. 116–283, div. A, title X, § 1005(a), Jan. 1, 2021, 134 Stat. 3837; Pub. L. 117–81, div. A, title X, § 1081(a)(8), Dec. 27, 2021, 135 Stat. 1920.)
heading: Editorial Notes
heading: Amendments
text: 2021—Subsec. (a)(3). Pub. L. 117–81, substituted a semicolon for “; and” at end.
Subsec. (a)(4), (5). Pub. L. 116–283 added pars. (4) and (5).
10 U.S.C. § 240i (ARMED FORCES)
§ 240i. Annual report on unfunded priorities
(a) In General.—
Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Under Secretary of Defense (Comptroller) shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the congressional defense committees a report on unfunded priorities of the Department of Defense related to audit readiness and remediation.
(b) Elements.—
(1) Each report under subsection (a) shall include, for each unfunded priority covered by such report, the following:
(A) A summary description of such priority, including the objectives to be achieved if such priority were to be funded (whether in whole or in part).
(B) The additional amount of funds recommended in connection with the objectives identified under subparagraph (A).
(C) Account information with respect to such priority, including, as applicable, the following:
(i) Line item number, in the case of applicable procurement accounts.
(ii) Program element number, in the case of applicable research, development, test, and evaluation accounts.
(iii) Sub-activity group, in the case of applicable operation and maintenance accounts.
(2) The Under Secretary shall ensure that the unfunded priorities covered by a report under subsection (a) are listed in the order of urgency of priority, as determined by the Under Secretary.
(c) Unfunded Priority Defined.—
In this section, the term “unfunded priority”, with respect to a fiscal year, means an activity related to an audit readiness or remediation effort stemming from a relevant requirement under the Chief Financial Officer Act 1 (Public Law 101–576), chapter 9 of title 31, or this chapter that—
(1) is not funded in the budget of the President for that fiscal year, as submitted to Congress pursuant to section 1105 of title 31;
(2) is necessary to address a shortfall in an audit readiness or remediation activity; and
(3) would have been recommended for funding through the budget referred to in paragraph (1) if—
(A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
(B) the program, activity, or mission requirement had emerged before the budget was formulated.
(Added Pub. L. 116–283, div. A, title X, § 1005(b)(1), Jan. 1, 2021, 134 Stat. 3837.)
heading: Editorial Notes
heading: References in Text
text: The Chief Financial Officer Act, referred to in subsec. (c), probably means the Chief Financial Officers Act of 1990, Pub. L. 101–576, Nov. 15, 1990, 104 Stat. 2838. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 501 of Title 31, Money and Finance, and Tables.
10 U.S.C. § 241 (ARMED FORCES)
§ 241. Reference to chapters 1003, 1005, and 1007
Provisions of law relating to the reserve components generally, including provisions relating to the organization and administration of the reserve components, are set forth in chapter 1003 (beginning with section 10101), chapter 1005 (beginning with section 10141), and chapter 1007 (beginning with section 10201) of this title.
(Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(2)(B), Oct. 5, 1994, 108 Stat. 2980, § 261; renumbered § 241, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 261 of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
10 U.S.C. § 246 (ARMED FORCES)
§ 246. Militia: composition and classes
(a) The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard.
(b) The classes of the militia are—
(1) the organized militia, which consists of the National Guard and the Naval Militia; and
(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.
(Aug. 10, 1956, ch. 1041, 70A Stat. 14, § 311; Pub. L. 85–861, § 1(7), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 103–160, div. A, title V, § 524(a), Nov. 30, 1993, 107 Stat. 1656; renumbered § 246, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
text: Historical and Revision Notes
1956 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
311(a)
311(b)
32:1 (less last 19 words).
32:1 (last 19 words).
June 3, 1916, ch. 134, § 57, 39 Stat. 197; June 28, 1947, ch. 162, § 7 (as applicable to § 57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192.
In subsection (a), the words “who have made a declaration of intention” are substituted for the words “who have or shall have declared their intention”. The words “at least 17 years of age and * * * under 45 years of age” are substituted for the words “who shall be more than seventeen years of age and * * * not more than forty-five years of age”. The words “except as provided in section 313 of title 32” are substituted for the words “except as hereinafter provided”, to make explicit the exception as to maximum age.
In subsection (b), the words “The organized militia, which consists of the National Guard and the Naval Militia” are substituted for the words “the National Guard, the Naval Militia”, since the National Guard and the Naval Militia constitute the organized militia.
text: 1958 Act
Revised section
Source (U.S. Code)
Source (Statutes at Large)
311(a)
32 App.:1.
July 30, 1956, ch. 789, § 1, 70 Stat. 729.
The words “appointed as . . . under section 4 of this title” are omitted as surplusage.
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 311 of this title as this section.
1993—Subsec. (a). Pub. L. 103–160 substituted “members” for “commissioned officers”.
1958—Subsec. (a). Pub. L. 85–861 included female citizens of the United States who are commissioned officers of the National Guard.
10 U.S.C. § 247 (ARMED FORCES)
§ 247. Militia duty: exemptions
(a) The following persons are exempt from militia duty:
(1) The Vice President.
(2) The judicial and executive officers of the United States, the several States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(3) Members of the armed forces, except members who are not on active duty.
(4) Customhouse clerks.
(5) Persons employed by the United States in the transmission of mail.
(6) Workmen employed in armories, arsenals, and naval shipyards of the United States.
(7) Pilots on navigable waters.
(8) Mariners in the sea service of a citizen of, or a merchant in, the United States.
(b) A person who claims exemption because of religious belief is exempt from militia duty in a combatant capacity, if the conscientious holding of that belief is established under such regulations as the President may prescribe. However, such a person is not exempt from militia duty that the President determines to be noncombatant.
(Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 312; Pub. L. 100–456, div. A, title XII, § 1234(a)(3), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(a)(7), Jan. 6, 2006, 119 Stat. 3441; renumbered § 247, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
312(a)
312(b)
32:3 (less last 67 words).
32:3 (last 67 words).
June 3, 1916, ch. 134, § 59, 39 Stat. 197.
In subsection (a), the words “Members of the armed forces” are substituted for the words “persons in the military or naval service”. The words “except members who are not on active duty” are inserted to reflect an opinion of the Judge Advocate General of the Army (JAGA 1952/4374, 9 July 1952). The word “artificers” is omitted as covered by the word “workmen”. The words “naval shipyards” are substituted for the words “navy yards” to reflect modern terminology. The words “on navigable waters” are inserted to preserve the original coverage of the word “pilots”. The words “actually” and “without regard to age” are omitted as surplusage.
heading: Editorial Notes
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 312 of this title as this section.
2006—Subsec. (a)(2). Pub. L. 109–163 substituted “States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands” for “States and Territories, and Puerto Rico”.
1988—Subsec. (a)(2). Pub. L. 100–456 substituted “and Puerto Rico” for “Puerto Rico, and the Canal Zone”.
10 U.S.C. § 251 (ARMED FORCES)
§ 251. Federal aid for State governments
Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection.
(Aug. 10, 1956, ch. 1041, 70A Stat. 15, § 331; renumbered § 251, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
331
50:201.
R.S. 5297.
The words “armed forces” are substituted for the words “land or naval forces of the United States”. The word “governor” is substituted for the word “executive”. The word “may” is substituted for the words “it shall be lawful * * * to”. The words “into Federal service” are substituted for the word “forth” for uniformity and clarity.
heading: Editorial Notes
heading: Codification
text: Another section 251 was renumbered section 240a of this title.
heading: Amendments
text: 2016—Pub. L. 114–328 renumbered section 331 of this title as this section.