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10 U.S.C. § 1793 (ARMED FORCES)
§ 1793. Parent fees
(a) In General.—
The Secretary of Defense shall prescribe regulations establishing fees to be charged parents for the attendance of children at military child development centers. Those regulations shall be uniform for the military departments and shall require that, in the case of children who attend the centers on a regular basis, the fees shall be based on family income.
(b) Local Waiver Authority.—
The Secretary of Defense may provide authority to installation commanders, on a case-by-case basis, to establish fees for attendance of children at child development centers at rates lower than those prescribed under subsection (a) if the rates prescribed under subsection (a) are not competitive with rates at local non-military child development centers.
(c) Family Discount.—
In the case of a family with two or more children attending a child development center, the regulations prescribed pursuant to subsection (a) may require that installations commanders charge a fee for attendance at the center of any child of the family after the first child of the family in amount equal to 85 percent of the amount of the fee otherwise chargeable for the attendance of such child at the center.
(d) Child Care Employee Discount.—
The Secretary of Defense may, to support recruitment and retention initiatives, charge a child care employee, whose child attends a military child development center, a reduced fee for such attendance.
(Added Pub. L. 104–106, div. A, title V, § 568(a)(1), Feb. 10, 1996, 110 Stat. 333; amended Pub. L. 116–283, div. A, title V, § 585(a), Jan. 1, 2021, 134 Stat. 3654; Pub. L. 117–263, div. A, title VI, § 642, Dec. 23, 2022, 136 Stat. 2634.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (d). Pub. L. 117–263 added subsec. (d).
2021—Subsec. (c). Pub. L. 116–283 added subsec. (c).
10 U.S.C. § 2246 (ARMED FORCES)
§ 2246. Authorization of certain support for military service academy foundations
(a) Authority.—
Subject to subsection (b) and pursuant to regulations prescribed by the Secretary of Defense, the Superintendent of a Service Academy may authorize a covered foundation to use, on an unreimbursed basis, facilities or equipment of such Service Academy.
(b) Limitations.—
Use of facilities or equipment under subsection (a) may be provided only if such use—
(1) is without any liability of the United States to the covered foundation;
(2) does not affect the ability of any official or employee of the military department concerned, or any member of the armed forces, to carry out any responsibility or duty in a fair and objective manner;
(3) does not compromise the integrity or appearance of integrity of any program of the military department concerned, or any individual involved in such a program;
(4) does not include the participation of any cadet or midshipman, other than participation in an honor guard at an event of the covered foundation;
(5) complies with the Joint Ethics Regulation; and
(6) has been reviewed and approved by an attorney of the military department concerned.
(c) Briefing.—
In any fiscal year during which the Superintendent of a Service Academy exercises the authority under subsection (a), the Secretary of the military department concerned shall provide a briefing not later than the last day of that fiscal year to the Committees on Armed Services of the Senate and House of Representatives regarding the number of events or activities of a covered foundation supported by such exercise during such fiscal year.
(d) Definitions.—
In this section:
(1) The term “covered foundation” means a charitable, educational, or civic nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986, that the Secretary concerned determines operates exclusively to support, with respect to a Service Academy, any of the following:
(A) Recruiting.
(B) Parent or alumni development.
(C) Academic, leadership, or character development.
(D) Institutional development.
(E) Athletics.
(2) The term “Service Academy” has the meaning given such term in section 347 of this title.
(Added Pub. L. 117–263, div. A, title V, § 551(a), Dec. 23, 2022, 136 Stat. 2591.)
heading: Editorial Notes
heading: References in Text
text: Section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (d)(1), is classified to section 501(c)(3) of Title 26, Internal Revenue Code.
heading: Codification
text: Pub. L. 117–263, div. A, title V, § 551(a), Dec. 23, 2022, 136 Stat. 2591, which directed that subchapter I of this chapter is amended “by inserting after section 2245 the end the following new section”, was executed by inserting this section after section 2245a of this title to reflect the probable intent of Congress.
heading: Prior Provisions
text: A prior section 2246 of this title was renumbered section 2491a of this title.
10 U.S.C. § 2275a (ARMED FORCES)
§ 2275a. Requirements for protection of satellites
(a) Establishment of Requirements.—
Before a major satellite acquisition program achieves Milestone A approval, or equivalent, the Chief of Staff of the Space Force, in consultation with the Commander of the United States Space Command, shall establish requirements for the defense and resilience of the satellites under that program against the capabilities of adversaries to target, degrade, or destroy the satellites.
(b) Definitions.—
In this section:
(1) The term “major satellite acquisition program” has the meaning given that term in section 2275 of this title.
(2) The term “Milestone A approval” has the meaning given that term in section 4251 of this title 10.
(Added Pub. L. 117–263, div. A, title XVI, § 1601, Dec. 23, 2022, 136 Stat. 2929.)
10 U.S.C. § 2350r (ARMED FORCES)
§ 2350r. North Atlantic Treaty Organization Special Operations Headquarters
(a) Authorization.—
Of the amounts authorized to be appropriated for each fiscal year for operation and maintenance for the Army, the Secretary of Defense is authorized to use up to $50,000,000, to be derived from amounts made available for support of North Atlantic Treaty Organization (referred to in this section as “NATO”) operations, for each such fiscal year for the purposes set forth in subsection (b).
(b) Purposes.—
The Secretary shall provide funds for the NATO Special Operations Headquarters—
(1) to improve coordination and cooperation between the special operations forces of NATO countries and countries approved by the North Atlantic Council as NATO partners;
(2) to facilitate joint operations by the special operations forces of NATO countries and such NATO partners;
(3) to support special operations forces peculiar command, control, and communications capabilities;
(4) to promote special operations forces intelligence and informational requirements within the NATO structure; and
(5) to promote interoperability through the development of common equipment standards, tactics, techniques, and procedures, and through execution of a multinational education and training program.
(Added Pub. L. 117–263, div. A, title XII, § 1271(a), Dec. 23, 2022, 136 Stat. 2860.)
10 U.S.C. § 2496 (ARMED FORCES)
§ 2496. Sale of certain goods from the Xinjiang Uyghur Autonomous Region prohibited
(a) Prohibition.—
The Secretary of Defense may not knowingly permit the sale, at a commissary store or military exchange, of any good, ware, article, or merchandise—
(1) containing any product mined, produced, or manufactured, wholly or in part, by forced labor from the XUAR; or
(2) from an entity that has used labor from within or transferred from XUAR as part of a “poverty alleviation” or “pairing assistance” program.
(b) Definitions.—
In this section:
(1) The term “forced labor” means any work or service that is exacted from any person under the menace of any penalty for nonperformance and that the worker does not offer to perform.
(2) The term “XUAR” means the Xinjiang Uyghur Autonomous Region of the People’s Republic of China.
(Added Pub. L. 117–263, div. A, title VI, § 651(a), Dec. 23, 2022, 136 Stat. 2639.)
10 U.S.C. § 2694d (ARMED FORCES)
§ 2694d. Participation in pollutant banks and water quality trading
(a) Authority to Participate.—
The Secretary of a military department, and the Secretary of Defense with respect to matters concerning a Defense Agency, when engaged in an authorized activity that may or will result in the discharge of pollutants, may make payments to a pollutant banking program or water quality trading program approved in accordance with the Water Quality Trading Policy dated January 13, 2003, set forth by the Office of Water of the Environmental Protection Agency, or any successor administrative guidance or regulation.
(b) Treatment of Payments.—
Payments made under subsection (a) to a pollutant banking program or water quality trading program may be treated as eligible project costs for military construction.
(c) Discharge of Pollutants Defined.—
In this section, the term “discharge of pollutants” has the meaning given that term in section 502(12) of the Federal Water Pollution Control Act (33 U.S.C. 1362(12)) (commonly referred to as the “Clean Water Act”).
(Added Pub. L. 117–263, div. A, title III, § 312(a), Dec. 23, 2022, 136 Stat. 2502.)
10 U.S.C. § 2810 (ARMED FORCES)
§ 2810. Military construction projects for innovation, research, development, test, and evaluation
(a) Project Authorization Required.—
The Secretary of Defense may carry out such military construction projects for innovation, research, development, test, and evaluation as are authorized by law, using funds appropriated or otherwise made available for that purpose.
(b) Submission of Project Proposals.—
As part of the defense budget materials for each fiscal year, the Secretary of Defense shall include the following information for each military construction project covered by subsection (a):
(1) The project title.
(2) The location of the project.
(3) A brief description of the scope of work.
(4) A completed Department of Defense Form 1391 budget justification that includes the original project cost estimate.
(5) A current working cost estimate, if different that the cost estimate contained in such Form 1391.
(6) Such other information as the Secretary considers appropriate.
(c) Budget Justification Display.—
The Secretary of Defense shall include with the defense budget materials for each fiscal year a consolidated budget justification display that individually identifies each military construction project covered by subsection (a) and the amount requested for such project for such fiscal year.
(d) Application to Military Construction Projects.—
This section shall apply to military construction projects covered by subsection (a) for which a Department of Defense Form 1391 is submitted to the appropriate committees of Congress in connection with the budget of the Department of Defense for fiscal year 2023 and thereafter.
(Added Pub. L. 117–263, div. B, title XXVIII, § 2805(a), Dec. 23, 2022, 136 Stat. 2994.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2810, added Pub. L. 99–499, title II, § 211(b)(1), Oct. 17, 1986, 100 Stat. 1725, related to military construction projects for environmental response actions, prior to repeal by Pub. L. 107–314, div. A, title III, § 313(b), Dec. 2, 2002, 116 Stat. 2507.
10 U.S.C. § 2886 (ARMED FORCES)
[§ 2886. Repealed. Pub. L. 116–92, div. B, title XXX, § 3014(d)(1), Dec. 20, 2019, 133 Stat. 1926]
text: Section, added Pub. L. 115–91, div. A, title VI, § 602(a), Dec. 12, 2017, 131 Stat. 1417, prohibited collection of amounts in addition to rent from members assigned to military family housing units or military unaccompanied housing units. See section 2891a(f) of this title.
10 U.S.C. § 2924 (ARMED FORCES)
§ 2924. Definitions
In this chapter:
(1) The term “defined fuel source” means any of the following:
(A) Petroleum.
(B) Natural gas.
(C) Coal.
(D) Coke.
(2) The term “energy-efficient maintenance” includes—
(A) the repair of military vehicles, equipment, or facility and infrastructure systems, such as lighting, heating, or cooling equipment or systems, or industrial processes, by replacement with technology that—
(i) will achieve energy savings over the life-cycle of the equipment or system being repaired; and
(ii) will meet the same end needs as the equipment or system being repaired; and
(B) improvements in an operation or maintenance process, such as improved training or improved controls, that result in energy savings.
(3) The term “hybrid”, with respect to a motor vehicle, means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are both—
(A) an internal combustion or heat engine using combustible fuel; and
(B) a rechargeable energy storage system.
(4) The term “operational energy” means the energy required for training, moving, and sustaining military forces and weapons platforms for military operations. The term includes energy used by tactical power systems and generators and weapons platforms.
(5) The term “petroleum” means natural or synthetic crude, blends of natural or synthetic crude, and products refined or derived from natural or synthetic crude or from such blends.
(6) The term “renewable energy source” means energy generated from renewable sources, including the following:
(A) Solar, including electricity.
(B) Wind.
(C) Biomass.
(D) Biogas.
(E) Landfill gas.
(F) Ocean, including tidal, wave, current, and thermal.
(G) Geothermal, including electricity and heat pumps.
(H) Municipal solid waste.
(I) New hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project. For purposes of this subparagraph, hydroelectric generation capacity is “new” if it was placed in service on or after January 1, 1999.
(J) Thermal energy generated by any of the preceding sources.
(7) The term “biomass” has the meaning given the term “renewable biomass” in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)).
(8) The term “biogas” means biogas as such term is used in section 211(o)(1)(B)(ii)(V) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(ii)(V)).
(Added Pub. L. 112–81, div. B, title XXVIII, § 2821(a)(1), Dec. 31, 2011, 125 Stat. 1689; amended Pub. L. 115–91, div. B, title XXVIII, § 2831(c)(6), Dec. 12, 2017, 131 Stat. 1858; Pub. L. 117–263, div. A, title III, § 318, Dec. 23, 2022, 136 Stat. 2507.)
heading: Editorial Notes
heading: Amendments
text: 2022—Par. (6)(D) to (J). Pub. L. 117–263, § 318(1), added subpar. (D) and redesignated former subpars. (D) to (I) as (E) to (J), respectively.
Pars. (7), (8). Pub. L. 117–263, § 318(2), added pars. (7) and (8).
2017—Pars. (3) to (7). Pub. L. 115–91 redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which defined “energy security”.
10 U.S.C. § 3014 (ARMED FORCES)
§ 3014. Nontraditional defense contractor
In this part, the term “nontraditional defense contractor”, with respect to a procurement or with respect to a transaction authorized under section 4021(a) or 4022 of this title, means an entity that is not currently performing and has not performed, for at least the one-year period preceding the solicitation of sources by the Department of Defense for the procurement or transaction, any contract or subcontract for the Department of Defense that is subject to full coverage under the cost accounting standards prescribed pursuant to section 1502 of title 41 and the regulations implementing such section.
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1806(b)(1), (5), Jan. 1, 2021, 134 Stat. 4153, 4154; Pub. L. 117–263, div. A, title X, § 1081(a)(4), Dec. 23, 2022, 136 Stat. 2797.)
heading: Editorial Notes
heading: Codification
text: The text of par. (9) of section 2302 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1806(b)(5), was based on Pub. L. 111–383, div. A, title VIII, § 866(g)(1), Jan. 7, 2011, 124 Stat. 4298; Pub. L. 113–291, div. A, title X, § 1071(a)(2)(B), Dec. 19, 2014, 128 Stat. 3504; Pub. L. 114–92, div. A, title VIII, § 815(b), Nov. 25, 2015, 129 Stat. 896.
heading: Prior Provisions
text: A prior section 3014 was renumbered section 7014 of this title.
Another prior section 3014, acts Aug. 10, 1956, ch. 1041, 70A Stat. 158, § 3013; Aug. 6, 1958, Pub. L. 85–599, § 8(a), 72 Stat. 519; Sept. 2, 1958, Pub. L. 85–861, § 1(58), 72 Stat. 1462; Aug. 14, 1964, Pub. L. 88–426, title III, § 305(3), 78 Stat. 422; Dec. 1, 1967, Pub. L. 90–168, § 2(12), 81 Stat. 523; Dec. 31, 1970, Pub. L. 91–611, title II, § 211(a), 84 Stat. 1829; Nov. 9, 1979, Pub. L. 96–107, title VIII, § 820(b), 93 Stat. 819; Sept. 24, 1983, Pub. L. 98–94, title XII, § 1212(c)(1), 97 Stat. 687; renumbered § 3014, Oct. 1, 1986, Pub. L. 99–433, title V, § 501(a)(2), 100 Stat. 1034, related to Under Secretary and Assistant Secretaries of the Army, appointment, and duties, prior to repeal by Pub. L. 99–433, § 501(a)(5).
Another prior section 3014 was renumbered section 3015 of this title and subsequently repealed.
heading: Amendments
text: 2022—Pub. L. 117–263 substituted “section 4021(a) or 4022” for “section 4002(a) or 4003”.
2021—Pub. L. 116–283, § 1806(b)(5), transferred par. (9) of section 2302 of this title to this section, realigned margin, struck out par. (9) designation at beginning, and substituted “In this part, the term” for “The term” and “section 4002(a) or 4003” for “section 2371(a) or 2371b”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.
10 U.S.C. § 4027 (ARMED FORCES)
§ 4027. Disclosure requirements for recipients of research and development funds
(a) In General.—
Except as provided in subsections (b) and (c), an individual or entity (including a State or local government) that uses funds received from the Department of Defense to carry out research or development activities shall include, in any public document pertaining to such activities, a clear statement indicating the dollar amount of the funds received from the Department for such activities.
(b) Exception.—
The disclosure requirement under subsection (a) shall not apply to a public document consisting of fewer than 280 characters.
(c) Waiver.—
The Secretary of Defense may waive the disclosure requirement under subsection (a) on a case-by-case basis.
(d) Public Document Defined.—
In this section, the term “public document” means any document or other written statement made available for public reference or use, regardless of whether such document or statement is made available in hard copy or electronic format.
(Added Pub. L. 116–283, div. A, title II, § 212(a)(1), Jan. 1, 2021, 134 Stat. 3456, § 2374b; renumbered § 4027, Pub. L. 117–81, div. A, title XVII, § 1701(e)(4)(A), Dec. 27, 2021, 135 Stat. 2139.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 4027 was renumbered section 7377 of this title.
heading: Amendments
text: 2021—Pub. L. 117–81 renumbered section 2374b of this title as this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Pub. L. 117–263, div. A, title VIII, § 881(a), Dec. 23, 2022, 136 Stat. 2744, provided that: “The amendments made by section 1701(e) and paragraphs (1) and (2) of section 802(b) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) [renumbering this section and sections 4094, 4873, 4875, and 8755 of this title] shall be deemed to have taken effect immediately before the amendments made by section 1881 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4293) [see Tables for classification].”
[Subsec. (a) of section 1881 of Pub. L. 116–283, referred to in section 881(a) of Pub. L. 117–263, set out above, provided in part that chapter 139 of this title, in which chapter section 2374b of this title was located, was repealed.]
Pub. L. 117–263, div. A, title VIII, § 881(b), Dec. 23, 2022, 136 Stat. 2744, provided that: “An individual or entity to which the requirements under section 4027 of title 10, United States Code, were applicable during the period beginning on January 1, 2022, and ending on the date of the enactment of this Act [Dec. 23, 2022] pursuant to subsection (a) shall be deemed to have complied with such requirements during such period.”
heading: Effective Date
text: Pub. L. 116–283, div. A, title II, § 212(b), Jan. 1, 2021, 134 Stat. 3456, provided that: “The amendments made by subsection (a) [enacting this section] shall take effect on October 1, 2021, and shall apply with respect to funds for research and development that are awarded by the Department of Defense on or after that date.”
10 U.S.C. § 4661 (ARMED FORCES)
§ 4661. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region
(a) Prohibition on the Availability of Funds for Certain Procurements From XUAR.—
None of the funds authorized to be appropriated by a national defense authorization Act or any other Act, or otherwise made available for any fiscal year for the Department of Defense, may be obligated or expended to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of a “poverty alleviation” or “pairing assistance” program.
(b) Definitions.—
In this section, the terms “forced labor” and “XUAR” have the meanings given, respectively, in section 2496 of this title.
(Added Pub. L. 117–263, div. A, title VIII, § 855(b), Dec. 23, 2022, 136 Stat. 2723.)
heading: Statutory Notes and Related Subsidiaries
heading: Policy Required
text: Pub. L. 117–263, div. A, title VIII, § 855(d), Dec. 23, 2022, 136 Stat. 2723, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall issue a policy to require that an offeror or awardee of a Department of Defense contract shall make a good faith effort to determine that forced labor from XUAR, as described in section 4661 of title 10, United States Code (as amended by subsection (b)), will not be used in the performance of such contract.”