§2601a — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must make rules that let certain people accept gifts from nonprofits, private people, and other outside sources, with limits. When the Coast Guard is not part of the Navy, the Secretary of Homeland Security must do this for Coast Guard people. The rules must be the same across the Department of Defense and, as much as possible, the Coast Guard. A designated ethics official must review and approve a gift before it is accepted to make sure it follows the Joint Ethics Regulation. The rules cover service members, DoD or Coast Guard civilian employees, their family members, and survivors when the person was hurt or got sick while on duty on or after September 11, 2001. Covered cases include injuries listed in section 1413a(e)(2), injuries in areas the Secretary calls combat, enrollment in the Warriors in Transition program, or similar situations the Secretary approves. Gifts from foreign governments or international organizations and their agents are not allowed. To the extent the rules say so, they apply to gifts received after December 31, 2011 for injuries or illnesses that happened on or after September 11, 2001.

Title 10, §2601a

Armed Forces — Source: USLM XML via OLRC

(a)(1)The Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy) shall prescribe regulations to provide that, subject to such limitations as may be specified in such regulations, the following individuals may accept gifts from nonprofit organizations, private parties, and other sources outside the Department of Defense or the Department of Homeland Security:

(A)A member of the armed forces described in subsection (b).

(B)A civilian employee of the Department of Defense or Coast Guard described in subsection (c).

(C)The family members of such a member or employee.

(D)Survivors of such a member or employee who is killed.

(2)The regulations required by this subsection shall—

(A)apply uniformly to all elements of the Department of Defense and, to the maximum extent feasible, to the Coast Guard; and

(B)require review and approval by a designated agency ethics official before acceptance of a gift to ensure that acceptance of the gift complies with the Joint Ethics Regulation.

(b)This section applies to a member of the armed forces who, while performing active duty, full-time National Guard duty, or inactive-duty training on or after September 11, 2001, incurred an injury or illness—

(1)as described in section 1413a(e)(2) of this title;

(2)in an operation or area designated as a combat operation or a combat zone, respectively, by the Secretary of Defense in accordance with the regulations prescribed under subsection (a);

(3)that results in enrollment in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 1071 note); or

(4)under other circumstances determined by the Secretary concerned to warrant treatment analogous to members covered by paragraph (1).

(c)This section applies to a civilian employee of the Department of Defense or Coast Guard who, while an employee on or after September 11, 2001, incurred an injury or illness under a circumstance described in subsection (b).

(d)The regulations prescribed under subsection (a) may not authorize the acceptance of a gift from a foreign government or international organization or their agents.

(e)To the extent provided in the regulations issued under subsection (a) to implement subsection (b)(2), the regulations shall apply to the acceptance of gifts received after December 31, 2011, for injuries or illnesses incurred on or after September 11, 2001.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b)(3), (4). Pub. L. 117–263, § 522(1), added par. (3) and redesignated former par. (3) as (4). Subsec. (c). Pub. L. 117–263, § 522(2), struck out “paragraph (1), (2) or (3) of” before “subsection (b)”. 2014—Subsec. (a)(1). Pub. L. 113–291, § 1071(f)(19)(A), substituted “prescribe” for “issue”. Subsec. (d). Pub. L. 113–291, § 1071(f)(19)(B), substituted “prescribed” for “issued”. Subsec. (e). Pub. L. 113–291, § 1071(e)(4), substituted “after December 31, 2011,” for “after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012”. 2013—Subsec. (a)(1). Pub. L. 112–239 inserted “when it is not operating as a service in the Navy” after “Coast Guard” in introductory provisions. 2011—Subsec. (b)(2), (3). Pub. L. 112–81, § 543(1), added par. (2) and redesignated former par. (2) as (3). Subsec. (c). Pub. L. 112–81, § 543(2), substituted “paragraph (1), (2) or (3) of subsection (b)” for “paragraph (1) or (2) of subsection (c)”. Subsec. (e). Pub. L. 112–81, § 543(3), added subsec. (e).

§2601a Direct acceptance of gifts by members of the armed forces and Department of Defense and Coast Guard employees and their families

Summary

Title 10, §2601a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata