10 U.S.C. § 2260 — Licensing of intellectual property: reten-

Page 1834 TITLE 10—ARMED FORCES § 2257 § 2257. Use of recruiting materials for public re- lations 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 encour- age 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 De- fense 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 Depart- ment 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 Ad- ministrator 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.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, and Space Force’’ for ‘‘and Marine Corps’’. Statutory Notes and Related Subsidiaries TIME FOR IMPLEMENTATION Pub. L. 106–398, § 1 [[div. A], title X, § 1082(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–285, provided that: ‘‘The Sec- retary of Defense shall prescribe the effective date for the transit pass program required under section 2259 of title 10, United States Code, as added by subsection (a). The effective date so prescribed may not be later than the first day of the first month that begins on or after the date that is 180 days after the date of the enact- ment of this Act [Oct. 30, 2000].’’ § 2260. Licensing of intellectual property: reten- tion 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, certifi- cation marks, and collective marks owned or controlled by the Secretary concerned and may retain and expend fees received from such licens- ing in accordance with this section. (b) DESIGNATED MARKS.—The Secretary con- cerned shall designate the trademarks, service marks, certification marks, and collective marks regarding which the Secretary will exer- cise the authority to retain licensing fees under this section. (c) LICENSES FOR QUALIFYING COMPANIES.—(1) The Secretary concerned may license trade- marks, 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 con- cerned to be qualified in accordance with such criteria as determined appropriate by the Sec- retary 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 in- curred by the Secretary: (A) Costs of securing trademark registra- tions. (B) Costs of operating the licensing pro- gram under this section. (2) For morale, welfare, and recreation ac- tivities under the jurisdiction of the Sec- retary, 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 para- graph (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 re- ferred 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 Page 1835 TITLE 10—ARMED FORCES § 2263 (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.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–417, § 881(1), inserted ‘‘or the Secretary of Homeland Security’’ after ‘‘Secretary of Defense’’. Subsecs. (c) to (e). Pub. L. 110–181, § 882(a), added sub- sec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesig- nated (f). Subsec. (f). Pub. L. 110–417, § 881(2), substituted ‘‘this section:’’ for ‘‘this section,’’ and ‘‘(1) The’’ for ‘‘the’’ and added par. (2). Pub. L. 110–181, § 882(a)(1), redesignated subsec. (e) as (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–181, div. A, title VIII, § 882(b), Jan. 28, 2008, 122 Stat. 264, provided that: ‘‘The Secretary of Defense shall prescribe regulations to implement the amend- ment made by this section [amending this section] not later than 180 days after the date of the enactment of this Act [Jan. 28, 2008].’’ § 2261. Presentation of recognition items for re- cruitment 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 sub- stantially 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 pre- senting recognition items described in sub- section (a) shall be treated as recruiting func- tions, and recipients of such items shall be treated as persons who are the objects of re- cruiting efforts. (c) RECOGNITION ITEMS OF NOMINAL OR MODEST VALUE.—In this section, the term ‘‘recognition item of nominal or modest value’’ means a com- memorative 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.) Editorial Notes AMENDMENTS 2006—Subsec. (d). Pub. L. 109–364 struck out heading and text of subsec. (d). Text read as follows: ‘‘The au- thority under this section shall expire December 31, 2007.’’ § 2262. Department of Defense conferences: col- lection of fees to cover Department of De- fense costs (a) AUTHORITY TO COLLECT FEES.—(1) The Sec- retary of Defense may collect fees from any in- dividual or commercial participant in a con- ference, 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 collec- tion 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 col- lected under subsection (a) with respect to a conference shall be credited to the appropriation or account from which the costs of the con- ference are paid and shall be available to pay the costs of the Department of Defense with re- spect to the conference or to reimburse the De- partment 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 ex- ceeds the actual costs of the Department of De- fense with respect to the conference, the amount of such excess shall be deposited into the Treas- ury 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.) Editorial Notes AMENDMENTS 2017—Subsec. (d). Pub. L. 115–91 struck out subsec. (d) which required annual reports on conferences, includ- ing information on costs and fees collected. § 2263. United States contributions to the North Atlantic Treaty Organization common-fund- ed budgets (a) IN GENERAL.—The total amount contrib- uted 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 In- vestment 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 limita- tion’’ means the maximum annual amount of