10 U.S.C. § 2601a

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

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

(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.

10 U.S.C. § 2601a

Added Pub. L. 111-383, div. A, title V, §591(a), Jan. 7, 2011, 124 Stat. 4231; amended Pub. L. 112-81, div. A, title V, §543, Dec. 31, 2011, 125 Stat. 1411; Pub. L. 112-239, div. A, title X, §1076(f)(32), Jan. 2, 2013, 126 Stat. 1954; Pub. L. 113-291, div. A, title X, §1071(e)(4), (f) (19), Dec. 19, 2014, 128 Stat. 3510, 3511; Pub. L. 117-263, div. A, title V, §522, Dec. 23, 2022, 136 Stat. 2570.

EDITORIAL NOTES

AMENDMENTS2022-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).

Secretary concerned: The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
full-time National Guard duty: The term "full-time National Guard duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
inactive-duty training: The term "inactive-duty training" means-(A) duty prescribed for Reserves, or a member of the Space Force, by the Secretary concerned under section 206 of title 37 or any other provision of law; and(B) special additional duties authorized for Reserves, or a member of the Space Force, by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.Such term includes those duties when performed by Reserves in their status as members of the National Guard.