10 U.S.C. § 241 — Reference to chapters 1003, 1005, and 1007

Page 335 TITLE 10—ARMED FORCES § 241 1 See References in Text note below. (2) The underlying causes of such weak- nesses. (3) A plan for remediating such weaknesses. (4) The total number of open audit notices of findings and recommendations (hereinafter re- ferred to as ‘‘NFRs’’) for the most recently concluded fiscal year and the preceding two fiscal years, where applicable. (5) The number of repeat or reissued NFRs from the most recently concluded fiscal year. (6) The number of NFRs that were previously forecasted to be closed during the most re- cently concluded fiscal year that remain open. (7) The number of closed NFRs during the current fiscal year and prior fiscal years. (8) The number of material weaknesses that were validated by external auditors as fully resolved or downgraded in the current fiscal year over prior fiscal years. (9) A breakdown by fiscal years in which open NFRs are forecasted to be closed. (10) Explanations for unfavorable trends in the information under paragraphs (1) through (9). (Added Pub. L. 116–92, div. A, title X, § 1004(a)(1), Dec. 20, 2019, 133 Stat. 1572.) § 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 pursu- ant to section 1105 of title 31, the Under Sec- retary of Defense (Comptroller) shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the congressional de- fense committees a report on unfunded prior- ities of the Department of Defense related to audit readiness and remediation. (b) ELEMENTS.—(1) Each report under sub- section (a) shall include, for each unfunded pri- ority 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 rec- ommended in connection with the objectives identified under subparagraph (A). (C) Account information with respect to such priority, including, as applicable, the fol- lowing: (i) Line item number, in the case of appli- cable 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 ap- plicable operation and maintenance ac- counts. (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 Sec- retary. (c) UNFUNDED PRIORITY DEFINED.—In this sec- tion, 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 Fi- nancial Officer Act 1 (Public Law 101–576), chap- ter 9 of title 31, or this chapter that— (1) is not funded in the budget of the Presi- dent for that fiscal year, as submitted to Con- gress 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 fund- ing through the budget referred to in para- graph (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 re- quirement 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.) Editorial Notes REFERENCES IN 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 sec- tion 501 of Title 31, Money and Finance, and Tables. [§§ 251 to 254b. Renumbered §§ 240a to 240f] CHAPTER 11—RESERVE COMPONENTS Sec. 241. Reference to chapters 1003, 1005, and 1007. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title X, § 1081(a)(4), Aug. 13, 2018, 132 Stat. 1983, which directed amendment of the analysis of chapter 4 of this title by renumbering item 261 as 241, was executed by making the amendment in this analysis to reflect the probable intent of Congress. 1994—Pub. L. 103–337, div. A, title XVI, § 1661(a)(2)(B), Oct. 5, 1994, 108 Stat. 2979, added item 261 and struck out former items 261 to 281. 1993—Pub. L. 103–160, div. A, title VIII, § 828(c)(1), Nov. 30, 1993, 107 Stat. 1714, added item 279. 1984—Pub. L. 98–525, title XIV, § 1405(7)(C), Oct. 19, 1984, 98 Stat. 2622, in item 264 substituted ‘‘armed force’’ for ‘‘military department’’ and ‘‘Reserves’’ for ‘‘reserves’’ and struck out ‘‘; reports to Congress’’ at end. 1978—Pub. L. 95–485, title IV, § 406(b)(2), Oct. 20, 1978, 92 Stat. 1616, struck out item 279 ‘‘Training reports’’. 1967—Pub. L. 90–168, § 2(7), Dec. 1, 1967, 81 Stat. 522, substituted ‘‘designation of general or flag officers of each military department; personnel and logistic sup- port for reserves; reports to Congress’’ for ‘‘responsi- bility for’’ in item 264. 1960—Pub. L. 86–559, § 1(2)(D), June 30, 1960, 74 Stat. 264, added item 281. 1958—Pub. L. 85–861, § 1(6), Sept. 2, 1958, 72 Stat. 1439, added items 270, 271, 272 and 279. § 241. Reference to chapters 1003, 1005, and 1007 Provisions of law relating to the reserve com- ponents 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 (be- ginning with section 10141), and chapter 1007 (be- ginning with section 10201) of this title. Page 336 TITLE 10—ARMED FORCES § 246 (Added Pub. L. 103–337, div. A, title XVI, § 1661(a)(2)(B), Oct. 5, 1994, 108 Stat. 2980, § 261; re- numbered § 241, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 renumbered section 261 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. CHAPTER 12—THE MILITIA Sec. 246. Militia: composition and classes. 247. Militia duty: exemptions. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328, div. A, title XII, § 1241(a)(1), (o)(2), Dec. 23, 2016, 130 Stat. 2497, 2512, renumbered chapter 13 of this title ‘‘THE MILITIA’’ as chapter 12, redesignated item 311 ‘‘Militia: composition and class- es’’ as item 246, and redesignated item 312 ‘‘Militia duty: exemptions’’ as item 247. § 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 mem- bers of the National Guard or the Naval Mili- tia. (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.) 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 ap- plicable to § 57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192. In subsection (a), the words ‘‘who have made a dec- laration 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 pro- vided in section 313 of title 32’’ are substituted for the words ‘‘except as hereinafter provided’’, to make ex- plicit the exception as to maximum age. In subsection (b), the words ‘‘The organized militia, which consists of the National Guard and the Naval Mi- litia’’ are substituted for the words ‘‘the National Guard, the Naval Militia’’, since the National Guard and the Naval Militia constitute the organized militia. 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. Editorial Notes AMENDMENTS 2016—Pub. L. 114–328 renumbered section 311 of this title as this section. 1993—Subsec. (a). Pub. L. 103–160 substituted ‘‘mem- bers’’ for ‘‘commissioned officers’’. 1958—Subsec. (a). Pub. L. 85–861 included female citi- zens of the United States who are commissioned offi- cers of the National Guard. § 247. Militia duty: exemptions (a) The following persons are exempt from mi- litia duty: (1) The Vice President. (2) The judicial and executive officers of the United States, the several States, the Com- monwealth of Puerto Rico, Guam, and the Vir- gin 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 hold- ing of that belief is established under such regu- lations as the President may prescribe. How- ever, such a person is not exempt from militia duty that the President determines to be non- combatant. (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; renum- bered § 247, Pub. L. 114–328, div. A, title XII, § 1241(a)(2), Dec. 23, 2016, 130 Stat. 2497.) 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