PART 507—MANUFACTURE, SALE, WEAR, AND QUALITY CONTROL OF HERALDIC ITEMS Authority: 10 U.S.C. 7594; 18 U.S.C 701, 704; 36 U.S.C. 901. Source: 86 FR 54616, Oct. 4, 2021, unless otherwise noted. Subpart A—Introduction § 507.1 Purpose. This part prescribes the Department of the Army policy governing the manufacture, commercial sale, reproduction, possession, and wear of military decorations, medals, badges, insignia, and their components and appurtenances. It also establishes the Heraldic Quality Control Program to improve the appearance of the Army by controlling the quality of heraldic items purchased from commercial sources. § 507.2 References. Related publications are listed in paragraphs (a) through (d) of this section. (A related publication is merely a source of additional information. The user does not have to read it to understand this part.) (a) Department of Defense Manual 1348.33, Volume 3, Manual of Military Decorations and Awards: DoD-Wide Personal Performance and Valor Decorations. (Available at https://www.esd.whs.mil/Directives/issuances/dodm/ (b) Army Regulation 360-1, Army Public Affairs Program. (Available at https://armypubs.army.mil/ProductMaps/PubForm/AR.aspx (c) Army Regulation 670-1, Wear and Appearance of Army Uniforms and Insignia. (Available at https://armypubs.army.mil/ProductMaps/PubForm/AR.aspx (d) Army Regulation 840-1, Department of the Army Seal, and Emblem and Branch of Service Plaques. (Available at https://armypubs.army.mil/ProductMaps/PubForm/AR.aspx (e) Army Regulation 27-60, Intellectual Property. (Available at https://armypubs.army.mil/ProductMaps/PubForm/AR.aspx § 507.3 Explanation of abbreviations and terms. (a) Abbreviations. (2) DA—Department of the Army. (3) DAASA—Deputy Administrative Assistant to the Secretary of the Army. (4) DLA—Defense Logistics Agency. (5) DUI—Distinctive unit insignia. (6) ID—Identification (7) MCS—Military Clothing Store. (8) RDI—Regimental Distinctive Insignia. (9) ROTC—Reserve Officers' Training Corps. (10) SSI—Shoulder sleeve insignia. (11) TIOH—The Institute of Heraldry. (12) U.S.C.—United States Code. (b) Terms Appurtenances. (2) Awards. (3) Badge. (4) Cartoon. (5) Certified manufacturer. (6) Certificate of authority to manufacture. (7) Decoration. (8) Die. (9) Hallmark. (10) Heraldic items. (11) Heraldic Quality Control Program. (12) Hub. (13) Lapel button. (14) Letter of agreement. (15) Letter of authorization. (16) Medal. (17) Rosette. (18) Service medal. (19) Tools. (20) Unit award. § 507.4 Responsibilities. The Director of The Institute of Heraldry (TIOH) will— (a) Monitor the overall operation of the Heraldic Quality Control Program. (b) Establish policy and procedures to: (1) Certify manufacturers of insignia and plaques. (2) Control the manufacture and quality assurance of military decorations, the DA seal and emblem, Branch of Service plaques, and other heraldic items. (3) Grant certificates of authority for the manufacture and commercial sale of Service flags and Service lapel buttons. (4) Provide heraldic services to the Executive branch, Department of Defense, and other Federal agencies on a reimbursable basis. (5) Provide advisory opinions on the use of Army heraldic items for licensing or other commercial purposes (for example, the Army Emblem, Army Flag, unit insignia, and items approved for wear on uniforms), at the request of the Army Trademark Licensing Program. § 507.5 Statutory authority. (a) The manufacture, commercial sale, possession, and reproduction of badges, identification cards, insignia, or other designs prescribed by the head of a U.S. department or agency, or colorable imitations of them, are governed by Title 18, United States Code, section 701 (18 U.S.C. 701). (b) The wear, manufacture, and commercial sale of military decorations, medals, badges, and their components and appurtenances, or colorable imitations thereof, are governed by 18 U.S.C. 704. (c) The Army's providing heraldic services to other Military departments and Federal agencies is governed by 10 U.S.C. 7594. (d) The display of and license to manufacture and sell the approved Service flag or Service lapel button is governed by 36 U.S.C. 901. (e) The ownership and licensing of trademarks, service marks, and collective marks such as DUI, RDI, SSI, and other Army-owned heraldic insignia are governed by 15 U.S.C. 1051 et seq., Subpart B—Manufacture and Sale of Decorations, Badges, and Insignia § 507.6 Authority to manufacture. (a) Only manufacturers that TIOH has certified and has issued a certificate of authority to may produce heraldic items. (1) TIOH will issue a certificate of authority to manufacturers who can demonstrate they have the capability to manufacture controlled heraldic items according to Government specifications or purchase descriptions through the certification process. (2) The certificate of authority to manufacture is applicable only for the individual, firm, or corporation indicated and will be valid for 5 years. (3) TIOH will assign a hallmark to each certified manufacturer. All controlled heraldic items manufactured for commercial sale will bear the manufacturer's hallmark. (4) TIOH exclusively uses the “IOH” hallmark for the development of new controlled heraldic items; it is not authorized for use on items for commercial sale. (b) A certificate of authority to manufacture may be revoked or suspended under the procedures prescribed in § 507.16. (c) A list of certified manufacturers is on the TIOH web page at https://tioh.army.mil/. § 507.7 Certification of controlled heraldic items. (a) The manufacture and commercial sale of controlled heraldic items are not authorized until the certified manufacturer receives a letter of authorization from TIOH. Manufacturers who want to manufacture and sell controlled heraldic items must submit four production samples of each item to TIOH for authorization. If TIOH approves the production samples, it will provide a letter of authorization to manufacture along with one certified production sample to the manufacturer. Letters of authorization for certified heraldic items are valid for 5 years. (b) The Director of TIOH may revoke or suspend a letter of authorization for failure to manufacture the heraldic item in accordance with applicable Government specifications. § 507.8 Authority to sell. No certificate of authority to manufacture is required for selling controlled heraldic items listed in § 507.13. However, all sellers must ensure that all articles they sell bear hallmarks assigned by TIOH and are manufactured by certified manufacturers in conformance with applicable Government specifications. § 507.9 Reproduction of designs. (a) The photographing or printing of any decoration, service medal, service ribbon, badge, lapel button, insignia, or other device of a design the Secretary of the Army has prescribed for members of the Army to use is authorized, provided that such reproduction does not discredit the U.S. Army and is not used to defraud or misrepresent the identification or status of an individual, organization, society, or other group of persons. (b) The making or executing in any manner of any engraving, impression, or colorable imitation in the likeness of any decoration, service medal, service ribbon, badge, lapel button, insignia, or other device of a design the Secretary of the Army has prescribed for members of the Army to use is prohibited without prior approval in writing from the Army Trademark Licensing Program. (c) Except when used to illustrate a particular article that is offered for commercial sale, Army Regulation 360-1, paragraph 8-9e, prohibits the use of Army themes, material, uniforms, or insignia in advertisements and promotions for entertainment-oriented products that could imply Army endorsement of the product. Direct requests to the Chief, Public Affairs (SAPA-ZA), 1500 Army Pentagon, Washington, DC 20310-1500. § 507.10 Incorporation of designs or likenesses of approved designs in commercial articles. (a) Federal law and Army policy restrict the use of military designs. The manufacture of articles for commercial sale that incorporate designs or likenesses of decorations, service medals, service ribbons, and lapel buttons is prohibited. Certain designs or likenesses of insignia, such as badges or organizational insignia, may be incorporated in articles manufactured for commercial sale, provided that the Army Trademark Licensing Program has granted permission in writing as specified in paragraph (b) of this section. (b) The Army Trademark Licensing Program is responsible for reviewing requests for permission to incorporate certain insignia and other Army-owned marks in articles manufactured for commercial sale. Requests should be directed to the Director, Army Trademark Licensing Program, 2530 Crystal Drive, Suite 12140, Arlington, VA 22202-3934. § 507.11 Possession and wear. (a) The wearing of any decoration, service medal, badge, service ribbon, lapel button, or insignia that the Army has prescribed or authorized by any person not properly authorized to wear such device or the use of any decoration, service medal, badge, service ribbon, lapel button, or insignia to misrepresent the identification or status of the person by whom such is worn is prohibited. Any person who violates this paragraph (a) is subject to punishment as prescribed in the statutes referred to in § 507.5. (b) Mere possession by a person of any of the articles prescribed in § 507.13 (except identification cards) is authorized, provided that such possession is not used to defraud or misrepresent the identification or status of the individual concerned. (c) Articles specified in § 507.13, or any distinctive parts (including suspension ribbons and service ribbons) or colorable imitations thereof, will not be used by any organization, society, or other group of persons without prior approval in writing by the Army Trademark Licensing Program as specified in § 507.10(b). Subpart C—Heraldic Quality Control Program § 507.12 General. The Heraldic Quality Control Program provides a method for ensuring that controlled heraldic items are manufactured by certified manufacturers in accordance with Government specifications. The design of metal insignia will be an exact duplicate of the design of the Government die or loaned hub from which the certified manufacturer's working die is extracted. The design of textile insignia will be embroidered in accordance with Government-furnished specification and cartoon. § 507.13 Controlled heraldic items. (a) Controlled heraldic items will be manufactured in accordance with Government specifications, using Government loaned hubs, dies, or cartoons, by TIOH-certified manufacturers. (b) The heraldic items listed in paragraphs (b)(1) through (13) of this section are controlled and authorized for manufacture and commercial sale under the Heraldic Quality Control Program when specifically authorized by TIOH. (1) All authorized appurtenances and devices for decorations, medals, and ribbons such as oak leaf clusters, service stars, arrowheads, “V” device, and clasps. (2) Combat, special skill, and qualification badges and bars. (3) Identification badges. (4) All approved Shoulder Sleeve Insignia. (5) All approved Distinctive Unit Insignia. (6) All approved Regimental Distinctive Insignia. (7) All approved Combat Service Identification Badges. (8) Fourragères and lanyards. (9) Lapel buttons. (10) Decorations, service medals, and ribbons, except for the Medal of Honor. (11) Replicas of decorations and service medals for grave markers. Replicas are to be at least twice the size prescribed for decorations and service medals. (12) Service ribbons and unit awards. (13) Rosettes, except for the Medal of Honor. (c) Deviations from the prescribed specifications for the items listed in paragraph (b) of this section are not permitted without prior approval, in writing, by TIOH. (d) Hubs, dies, and cartoons are not provided to manufacturers for the following items. However, manufacturing will be in accordance with the Government-furnished drawing. (1) Shoulder Loop Insignia, Reserve Officers' Training Corps (ROTC), U.S. Army. (2) Institutional SSI, ROTC, U.S. Army. (3) Background trimming/flashes, U.S. Army. (4) Hand-embroidered bullion insignia. § 507.14 Articles not authorized for manufacture or commercial sale. The following articles are not authorized for manufacture and commercial sale, except under contract with the Defense Logistics Agency, Troop Support (DLA Troop Support): (a) The Medal of Honor. (b) Service ribbon for the Medal of Honor. (c) Medal of Honor Rosette. (d) Medal of Honor Flag. (e) Military Department Service flags (prescribed in Army Regulation 840-10). (f) Articles for commercial sale that incorporate designs or likenesses of insignia listed in § 507.13, except when authorized in writing by the Army Trademark Licensing Program as specified in § 507.10(b). § 507.15 Violations and penalties. (a) TIOH will revoke a certificate of authority to manufacture when the holder intentionally violates any of the provisions of this part or does not comply with the agreement the manufacturer signed to receive a certificate. (b) Violations are also subject to penalties as prescribed in the statutes referred to in § 507.5. (c) Repetition or continuation of violations after official notice will be deemed as corroborating evidence of intentional violation. § 507.16 Processing complaints of alleged breach of policies. (a) Suspension or revocation of a certificate of authority to manufacture. (b) Reporting alleged breach of quality control. (c) Informal investigation of allegations. (d) Heraldic Quality Control Inspection Program. (i) Exchange military clothing stores. (ii) Certified manufacturers. (2) Upon completion of quality control inspections, TIOH will provide a report of deficiencies to the appropriate retail outlet or Commander, DLA Troop Support, and the certified manufacturer responsible for the production of the item. The notification to the manufacturer will require assurances of compliance with quality control policies. The report of deficiencies will be reviewed upon recertification of the manufacturer. Any recurrence of the same breach will be considered a refusal to perform, and the Director will take further action to suspend or revoke certification. (e) Complaint of alleged breach of quality control policy. (2) If the investigation substantiates allegation(s) of a breach of quality control, the Director will notify the manufacturer in writing that the Director is contemplating suspending or revoking the certificate. The notification will include: (i) The specific allegations and findings of the investigator; (ii) All evidence provided to the Director in the investigation; (iii) A citation to this part as the authority under which the Director may suspend or revoke the certificate of authority if the situation warrants after the manufacturer has had an opportunity to reply; (iv) What actions, if the allegations are undisputed, are required to provide adequate assurance that future performance will conform to quality control policies; (v) The right to reply within 45 days of receipt of the notification in order to submit additional materials and evidence for consideration, to refute the allegations, or provide assurances that future performance will conform to quality control policies; and (vi) That a failure to reply within 45 days, or if there is any recurrence of the same breach will be considered a refusal to perform, and the Director will take further action to suspend or revoke certification. (f) Refusal to perform. (2) A hearing examiner will be appointed by appropriate orders. The examiner may be either a commissioned officer or a civilian employee above the grade of GS-7. (3) The specific written allegations, together with other pertinent material, will be transmitted to the hearing examiner for introduction as evidence at the hearing. (4) For failure to return a loaned tool, manufacturers may be suspended without referral to a hearing specified in paragraph (f)(1) of this section; however, the manufacturer will be advised, in writing, that tools are overdue and suspension will take effect if tools are not returned within the specified time. (g) Notification to the manufacturer by examiner. (1) Specific allegations. (2) Directive of the Director requiring the holding of a public hearing on the allegations. (3) Examiner's decision to hold the public hearing at a specific time, date, and place that will be not earlier than 30 days from the date of the letter of notification. (4) Ultimate authority of the Director to suspend or revoke the certificate of authority if the record developed at the hearing so warrants. (5) Right to— (i) A full and fair public hearing. (ii) Be represented by counsel during the hearing at no cost to the Government. (iii) Request a change in the date, time, or place of the hearing, for purposes of having reasonable time in which to prepare the case. (iv) Submit evidence and present witnesses in his or her own behalf. (v) Obtain at no cost a verbatim transcript of the proceedings, upon written request filed before the commencement of the hearing. (h) Public hearing by examiner. (i) A verbatim record of the proceedings will be maintained. (ii) All previous material received by the examiner will be introduced into evidence and made part of the record. (iii) The Government may be represented by counsel at the hearing. (2) Subsequent to the conclusion of the hearing, the examiner will make specific findings on the record before him or her concerning each allegation. (3) The complete record of the case will be forwarded to the Director. (i) Action by the Director. (2) Upon arrival of a finding of breach of quality control policies, the manufacturer will be so advised. (3) After review of the findings, the certificate of authority may be revoked or suspended. If the certificate of authority is revoked or suspended, the Director will— (i) Notify the manufacturer of the revocation or suspension. (ii) Remove the manufacturer from the list of certified manufacturers. (iii) Inform the Army & Air Force Exchange Service (AAFES) and the Defense Logistics Agency-Troop Support of the action. (j) Reinstatement of certificate of authority. Subpart D—License and Manufacture of the Service Flag and Service Lapel Button § 507.17 Authority to manufacture. (a) The Secretary of Defense has designated the Secretary of the Army to grant certificates of authority for the manufacture and commercial sale of Service flags and Service lapel buttons. (b) Any person, firm, or corporation that wishes to manufacture the Service flag or lapel button must apply for a certificate of authority to manufacture from TIOH. § 507.18 Application for licensing. (a) Applicants who want to manufacture and sell Service flags or Service lapel buttons should contact the Director, The Institute of Heraldry, 9325 Gunston Road, Room S113, Fort Belvoir, VA 22060-5579, to obtain an agreement to manufacture, drawings, and instructions for manufacturing the Service flag and Service lapel button. (b) Certificates of authority to manufacture Service flags and Service lapel buttons will be valid for 5 years from the date of issuance, at which time applicants must reapply for a new certificate of authority.