10 U.S.C. § 2601a: Direct acceptance of gifts…

Summary

The Secretary of Defense, and the Secretary of Homeland Security for the Coast Guard when it is not part of the Navy, must write rules that let certain service members, Department of Defense and Coast Guard civilian employees, their family members, and survivors accept gifts from charities, private people, and other outside sources. The rules will set limits and require a review and approval by a designated ethics official to make sure each gift follows the Joint Ethics Regulation. The rules should be applied the same way across the Department of Defense and, when possible, to the Coast Guard. The rule applies to members who, on or after September 11, 2001, were injured or became ill while on active duty, full‑time National Guard duty, or inactive‑duty training because of certain listed causes (including combat operations or areas, enrollment in the Warriors in Transition program, or other similar situations the Secretary identifies). It also covers civilian employees with similar injuries or illnesses while employed on or after September 11, 2001. Gifts from foreign governments or international organizations and their agents are not allowed. To the extent the rules say so, they cover gifts received after December 31, 2011, for injuries or illnesses that started on or after September 11, 2001.

Title 10, §2601a

Armed Forces, Source: USLM XML via OLRC

(a)Regulations Governing Acceptance of Gifts.—

(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)Covered Members.—

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)Covered Employees.—

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)Gifts From Certain Sources Prohibited.—

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)Application of Certain Regulations.—

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