Collapse to view only § 2260. Licensing of intellectual property: retention of fees
- § 2251. Household furnishings and other property: personnel outside the United States or in Alaska or Hawaii
- § 2252. Rewards: missing property
- § 2253. Motor vehicles
- § 2254. Treatment of reports of aircraft accident investigations
- § 2254a. Data files of military flight operations quality assurance systems: exemption from disclosure under Freedom of Information Act
- § 2255. Aircraft accident investigation boards: composition requirements
- § 2257. Use of recruiting materials for public relations
- § 2259. Transit pass program: personnel in poor air quality areas
- § 2260. Licensing of intellectual property: retention of fees
- § 2261. Presentation of recognition items for recruitment and retention purposes
- § 2262. Department of Defense conferences: collection of fees to cover Department of Defense costs
- § 2263. United States contributions to the North Atlantic Treaty Organization common-funded budgets
- § 2264. Reimbursement for assistance provided to nongovernmental entertainment-oriented media producers
§ 2251. Household furnishings and other property: personnel outside the United States or in Alaska or Hawaii
(a)In General.—Subject to subsection (b), the Secretary of the military department concerned may—
(1) purchase household furnishings and automobiles from members of the armed forces and civilian employees of the Department of Defense on duty outside the United States or in Hawaii for resale at cost to incoming personnel; and
(2) provide household furnishings, without charge, in other than public quarters occupied by members of the armed forces or civilian employees of the Department of Defense who are on duty outside the United States or in Alaska or Hawaii.
(b)Required Determination.—The authority provided in subsection (a) may be used only when it is determined, under regulations approved by the Secretary of Defense, that the use of that authority would be advantageous to the United States.
(Added Pub. L. 100–370, § 1(e)(1), July 19, 1988, 102 Stat. 845.)
§ 2252. Rewards: missing property
The Secretary of Defense and the Secretary of each military department may pay a reward of not more than $500 in any case for information leading to the discovery of missing property under the jurisdiction of that Secretary or leading to the recovery of such property.
(Added Pub. L. 100–370, § 1(e)(1), July 19, 1988, 102 Stat. 845.)
§ 2253. Motor vehicles
(a)General Authorities.—The Secretary of Defense and the Secretary of each military department may—
(1) provide for insurance of official motor vehicles in a foreign country when the laws of such country require such insurance; and
(2) purchase right-hand drive passenger sedans at a cost of not more than $30,000 each.
(b)Hire of Passenger Vehicles.—Amounts appropriated to the Department of Defense for operation and maintenance of the active forces may be used for the hire of passenger motor vehicles.
(Added Pub. L. 100–370, § 1(e)(1), July 19, 1988, 102 Stat. 845; amended Pub. L. 105–85, div. A, title VIII, § 805, Nov. 18, 1997, 111 Stat. 1834; Pub. L. 112–81, div. A, title VIII, § 814(a), Dec. 31, 2011, 125 Stat. 1491.)
§ 2254. Treatment of reports of aircraft accident investigations
(a)In General.—
(1) Whenever the Secretary of a military department conducts an accident investigation of an accident involving an aircraft under the jurisdiction of the Secretary, the records and report of the investigations shall be treated in accordance with this section.
(2) For purposes of this section, an accident investigation is any form of investigation of an aircraft accident other than an investigation (known as a “safety investigation”) that is conducted solely to determine the cause of the accident and to obtain information that may prevent the occurrence of similar accidents.
(b)Public Disclosure of Certain Accident Investigation Information.—
(1) The Secretary concerned, upon request, shall publicly disclose unclassified tapes, scientific reports, and other factual information pertinent to an aircraft accident investigation, before the release of the final accident investigation report relating to the accident, if the Secretary concerned determines—
(A) that such tapes, reports, or other information would be included within and releasable with the final accident investigation report; and
(B) that release of such tapes, reports, or other information—
(i) would not undermine the ability of accident or safety investigators to continue to conduct the investigation; and
(ii) would not compromise national security.
(2) A disclosure under paragraph (1) may not be made by or through officials with responsibility for, or who are conducting, a safety investigation with respect to the accident.
(c)Opinions Regarding Causation of Accident.—Following a military aircraft accident—
(1) if the evidence surrounding the accident is sufficient for the investigators who conduct the accident investigation to come to an opinion (or opinions) as to the cause or causes of the accident, the final report of the accident investigation shall set forth the opinion (or opinions) of the investigators as to the cause or causes of the accident; and
(2) if the evidence surrounding the accident is not sufficient for those investigators to come to an opinion as to the cause or causes of the accident, the final report of the accident investigation shall include a description of those factors, if any, that, in the opinion of the investigators, substantially contributed to or caused the accident.
(d)Use of Information in Civil Proceedings.—For purposes of any civil or criminal proceeding arising from an aircraft accident, any opinion of the accident investigators as to the cause of, or the factors contributing to, the accident set forth in the accident investigation report may not be considered as evidence in such proceeding, nor may such information be considered an admission of liability by the United States or by any person referred to in those conclusions or statements.
(e)Regulations.—The Secretary of each military department shall prescribe regulations to carry out this section.
(Added Pub. L. 102–484, div. A, title X, § 1071(a)(1), Oct. 23, 1992, 106 Stat. 2507.)
§ 2254a. Data files of military flight operations quality assurance systems: exemption from disclosure under Freedom of Information Act
(a)Authority to Exempt Certain Data Files From Disclosure Under FOIA.—
(1) The Secretary of Defense may exempt information contained in any data file of the military flight operations quality assurance system of a military department from disclosure under section 552(b)(3) of title 5, upon a written determination that—
(A) the information is sensitive information concerning military aircraft, units, or aircrew; and
(B) the public interest consideration in the disclosure of such information does not outweigh preventing the disclosure of such information.
(2) In this section, the term “data file” means a file of the military flight operations quality assurance (in this section referred to as “MFOQA”) system that contains information acquired or generated by the MFOQA system, including—
(A) any data base containing raw MFOQA data; and
(B) any analysis or report generated by the MFOQA system or which is derived from MFOQA data.
(3) Information that is exempt under paragraph (1) from disclosure under section 552(b)(3) of title 5 shall be exempt from such disclosure even if such information is contained in a data file that is not exempt in its entirety from such disclosure.
(4) The provisions of paragraph (1) may not be superseded except by a provision of law which is enacted after the date of the enactment of this section and which specifically cites and repeals or modifies those provisions.
(b)Regulations.—The Secretary of Defense shall prescribe regulations for the administration of this section. Such regulations shall ensure consistent application of the authority in subsection (a) across the military departments.
(c)Transparency.—Each determination of the Secretary under subsection (a) shall be made in writing and accompanied by a statement of the basis for the determination. All such determinations and statements of basis shall be available to the public, upon request.
(Added Pub. L. 112–81, div. A, title X, § 1082(a)(1), Dec. 31, 2011, 125 Stat. 1600; amended Pub. L. 118–31, div. A, title IX, § 901(e)(2), Dec. 22, 2023, 137 Stat. 355.)
§ 2255. Aircraft accident investigation boards: composition requirements
(a)Required Membership of Boards.—Whenever the Secretary of a military department convenes an aircraft accident investigation board to conduct an accident investigation (as described in section 2254(a)(2) of this title) with respect to a Class A accident involving an aircraft under the jurisdiction of the Secretary, the Secretary shall select the membership of the board so that—
(1) a majority of the members (or in the case of a board consisting of a single member, the member) is selected from units other than the mishap unit or a unit subordinate to the mishap unit; and
(2) in the case of a board consisting of more than one member, at least one member of the board is a member of the armed forces or an officer or an employee of the Department of Defense who possesses knowledge and expertise relevant to aircraft accident investigations.
(b)Exception.—The Secretary of the military department concerned may waive the requirement of subsection (a)(1) in the case of an aircraft accident if the Secretary determines that—
(1) it is not practicable to meet the requirement because of—
(A) the remote location of the aircraft accident;
(B) an urgent need to promptly begin the investigation; or
(C) a lack of available persons outside of the mishap unit who have adequate knowledge and expertise regarding the type of aircraft involved in the accident; and
(2) the objectivity and independence of the aircraft accident investigation board will not be compromised.
(c)Consultation Requirement.—In the case of an aircraft accident investigation board consisting of a single member, the member shall consult with a member of the armed forces or an officer or an employee of the Department of Defense who possesses knowledge and expertise relevant to aircraft accident investigations.
(d)Designation of Class A Accidents.—Not later than 60 days after an aircraft accident involving an aircraft under the jurisdiction of the Secretary of a military department, the Secretary shall determine whether the aircraft accident should be designated as a Class A accident for purposes of this section.
(e)Definitions.—In this section:
(1) The term “Class A accident” means an accident involving an aircraft that results in—
(A) the loss of life or permanent disability;
(B) damages to the aircraft, other property, or a combination of both, in an amount in excess of the amount specified by the Secretary of Defense for purposes of determining Class A accidents; or
(C) the destruction of the aircraft.
(2) The term “mishap unit”, with respect to an aircraft accident investigation, means the unit of the armed forces (at the squadron or battalion level or equivalent) to which was assigned the flight crew of the aircraft that sustained the accident that is the subject of the investigation.
(Added Pub. L. 104–201, div. A, title IX, § 911(a)(1), Sept. 23, 1996, 110 Stat. 2621; amended Pub. L. 108–136, div. A, title X, § 1031(a)(13), Nov. 24, 2003, 117 Stat. 1597.)
§ 2257. Use of recruiting materials for public relations
The Secretary of Defense may use for public relations purposes of the Department of Defense any advertising materials developed for use for recruitment and retention of personnel for the armed forces. Any such use shall be under such conditions and subject to such restrictions as the Secretary of Defense shall prescribe.
(Added Pub. L. 106–65, div. A, title V, § 574(a), Oct. 5, 1999, 113 Stat. 624.)
§ 2259. Transit pass program: personnel in poor air quality areas
(a)Establishment of Program.—To encourage Department of Defense personnel assigned to duty, or employed, in poor air quality areas to use means other than single-occupancy motor vehicles to commute to or from the location of their duty assignments, the Secretary of Defense shall exercise the authority provided in section 7905 of title 5 to establish a program to provide a transit pass benefit under subsection (b)(2)(A) of that section for members of the Army, Navy, Air Force, Marine Corps, and Space Force who are assigned to duty, and to Department of Defense civilian officers and employees who are employed, in a poor air quality area.
(b)Poor Air Quality Areas.—In this section, the term “poor air quality area” means an area—
(1) that is subject to the national ambient air quality standards promulgated by the Administrator of the Environmental Protection Agency under section 109 of the Clean Air Act (42 U.S.C. 7409); and
(2) that, as determined by the Administrator of the Environmental Protection Agency, is a nonattainment area with respect to any of those standards.
(Added Pub. L. 106–398, § 1 [[div. A], title X, § 1082(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–285; amended Pub. L. 116–283, div. A, title IX, § 924(b)(1)(O), Jan. 1, 2021, 134 Stat. 3820.)
§ 2260. Licensing of intellectual property: retention of fees
(a)Authority.—Under regulations prescribed by the Secretary of Defense or the Secretary of Homeland Security, the Secretary concerned may license trademarks, service marks, certification marks, and collective marks owned or controlled by the Secretary concerned and may retain and expend fees received from such licensing in accordance with this section.
(b)Designated Marks.—The Secretary concerned shall designate the trademarks, service marks, certification marks, and collective marks regarding which the Secretary will exercise the authority to retain licensing fees under this section.
(c)Licenses for Qualifying Companies.—
(1) The Secretary concerned may license trademarks, service marks, certification marks, and collective marks owned or controlled by the Secretary relating to military designations and likenesses of military weapons systems to any qualifying company upon receipt of a request from the company.
(2) For purposes of paragraph (1), a qualifying company is any United States company that—
(A) is a toy or hobby manufacturer; and
(B) is determined by the Secretary concerned to be qualified in accordance with such criteria as determined appropriate by the Secretary of Defense.
(3) The fee for a license under this subsection shall not exceed by more than a nominal amount the amount needed to recover all costs of the Department of Defense in processing the request for the license and supplying the license.
(4) A license to a qualifying company under this subsection shall provide that the license may not be transferred, sold, or relicensed by the qualifying company.
(5) A license under this subsection shall not be an exclusive license.
(d)Use of Fees.—The Secretary concerned shall use fees retained under this section for the following purposes:
(1) For payment of the following costs incurred by the Secretary:
(A) Costs of securing trademark registrations.
(B) Costs of operating the licensing program under this section.
(2) For morale, welfare, and recreation activities under the jurisdiction of the Secretary, to the extent (if any) that the total amount of the licensing fees available under this section for a fiscal year exceed the total amount needed for such fiscal year under paragraph (1).
(e)Availability.—Fees received in a fiscal year and retained under this section shall be available for obligation in such fiscal year and the following two fiscal years.
(f)Definitions.—In this section:
(1) The terms “trademark”, “service mark”, “certification mark”, and “collective mark” have the meanings given such terms in section 45 of the Act of July 5, 1946 (commonly referred to as the Trademark Act of 1946; 15 U.S.C. 1127).
(2) The term “Secretary concerned” has the meaning provided in section 101(a)(9) of this title and also includes—
(A) the Secretary of Defense, with respect to matters concerning the Defense Agencies and Department of Defense Field Activities; and
(B) 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.
(Added Pub. L. 108–375, div. A, title X, § 1004(a), Oct. 28, 2004, 118 Stat. 2035; amended Pub. L. 110–181, div. A, title VIII, § 882(a), Jan. 28, 2008, 122 Stat. 263; Pub. L. 110–417, [div. A], title VIII, § 881, Oct. 14, 2008, 122 Stat. 4559.)
§ 2261. Presentation of recognition items for recruitment and retention purposes
(a)Expenditures for Recognition Items.—Under regulations prescribed by the Secretary of Defense, appropriated funds may be expended—
(1) to procure recognition items of nominal or modest value for recruitment or retention purposes; and
(2) to present such items—
(A) to members of the armed forces; and
(B) to members of the families of members of the armed forces, and other individuals, recognized as providing support that substantially facilitates service in the armed forces.
(b)Provision of Meals and Refreshments.—For purposes of section 520c of this title and any regulation prescribed to implement that section, functions conducted for the purpose of presenting recognition items described in subsection (a) shall be treated as recruiting functions, and recipients of such items shall be treated as persons who are the objects of recruiting efforts.
(c)Recognition Items of Nominal or Modest Value.—In this section, the term “recognition item of nominal or modest value” means a commemorative coin, medal, trophy, badge, flag, poster, painting, or other similar item that is valued at less than $50 per item and is designed to recognize or commemorate service in the armed forces.
(Added Pub. L. 109–163, div. A, title V, § 589(a)(1), Jan. 6, 2006, 119 Stat. 3279; amended Pub. L. 109–364, div. A, title V, § 594, Oct. 17, 2006, 120 Stat. 2235.)
§ 2262. Department of Defense conferences: collection of fees to cover Department of Defense costs
(a)Authority to Collect Fees.—
(1) The Secretary of Defense may collect fees from any individual or commercial participant in a conference, seminar, exhibition, symposium, or similar meeting conducted by the Department of Defense (in this section referred to collectively as a “conference”).
(2) The Secretary may provide for the collection of fees under this section directly or by contract. The fees may be collected in advance of a conference.
(b)Use of Collected Fees.—Amounts collected under subsection (a) with respect to a conference shall be credited to the appropriation or account from which the costs of the conference are paid and shall be available to pay the costs of the Department of Defense with respect to the conference or to reimburse the Department for costs incurred with respect to the conference.
(c)Treatment of Excess Amounts.—In the event the total amount of fees collected under subsection (a) with respect to a conference exceeds the actual costs of the Department of Defense with respect to the conference, the amount of such excess shall be deposited into the Treasury as miscellaneous receipts.
(Added Pub. L. 109–364, div. A, title X, § 1051(a), Oct. 17, 2006, 120 Stat. 2395; amended Pub. L. 115–91, div. A, title X, § 1051(a)(11), Dec. 12, 2017, 131 Stat. 1561.)
§ 2263. United States contributions to the North Atlantic Treaty Organization common-funded budgets
(a)In General.—The total amount contributed by the Secretary of Defense in any fiscal year for the common-funded budgets of NATO may be an amount in excess of the maximum amount that would otherwise be applicable to those contributions in such fiscal year under the fiscal year 1998 baseline limitation.
(b)Definitions.—In this section:
(1)Common-funded budgets of nato.—The term “common-funded budgets of NATO” means the Military Budget, the Security Investment Program, and the Civil Budget of the North Atlantic Treaty Organization (and any successor or additional account or program of NATO).
(2)Fiscal year 1998 baseline limitation.—The term “fiscal year 1998 baseline limitation” means the maximum annual amount of Department of Defense contributions for common-funded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 30, 1998.
(Added Pub. L. 110–417, [div. A], title X, § 1004(a)(1), Oct. 14, 2008, 122 Stat. 4582; amended Pub. L. 115–91, div. A, title X, § 1051(a)(12), Dec. 12, 2017, 131 Stat. 1561.)
§ 2264. Reimbursement for assistance provided to nongovernmental entertainment-oriented media producers
(a)In General.—There shall be credited to the applicable appropriations account or fund from which the expenses described in subsection (b) were charged any amounts received by the Department of Defense as reimbursement for such expenses.
(b)Description of Expenses.—The expenses referred to in subsection (a) are any expenses—
(1) incurred by the Department of Defense as a result of providing assistance to a nongovernmental entertainment-oriented media producer;
(2) for which the Department of Defense requires reimbursement under section 9701 of title 31 or any other provision of law; and
(3) for which the Department of Defense received reimbursement after December 19, 2014.
(Added Pub. L. 113–291, div. A, title VIII, § 859(a), Dec. 19, 2014, 128 Stat. 3461; amended Pub. L. 115–91, div. A, title X, § 1081(a)(29), Dec. 12, 2017, 131 Stat. 1595.)