US (United States) Code. Title 10. Subtitle A. Part IV. Chapter 155: Acceptance of gifts and services

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

.

-HEAD-

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

-MISC1-

Sec.

2601. General gift funds.

2602. American National Red Cross: cooperation and assistance.

2603. Acceptance of fellowships, scholarships, or grants.

2604. United Seamen's Service: cooperation and assistance.

2605. Acceptance of gifts for defense dependents' schools.

2606. Scouting: cooperation and assistance in foreign areas.

2607. Acceptance of gifts for the Defense Intelligence College.

2608. Acceptance of contributions for defense programs, projects,

and activities; Defense Cooperation Account.

(2609. Repealed.)

2610. Competitions for excellence: acceptance of monetary awards.

2611. Asia-Pacific Center for Security Studies: acceptance of

foreign gifts and donations.

2612. National Defense University: acceptance of gifts.

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title IX, Sec. 931(b), Dec. 2,

2002, 116 Stat. 2625, added item 2612.

1999 - Pub. L. 106-65, div. A, title IX, Sec. 915(b), Oct. 5,

1999, 113 Stat. 722, added item 2611.

1996 - Pub. L. 104-201, div. A, title X, Sec. 1074(a)(15), Sept.

23, 1996, 110 Stat. 2659, struck out item 2609 ''Theater Missile

Defense: acceptance of contributions from allies; Theater Missile

Defense Cooperation Account''.

Pub. L. 104-106, div. A, title III, Sec. 377(b), Feb. 10, 1996,

110 Stat. 284, added item 2610.

1994 - Pub. L. 103-337, div. A, title III, Sec. 353(c)(2), Oct.

5, 1994, 108 Stat. 2732, substituted ''schools'' for ''education

system'' in item 2605.

1993 - Pub. L. 103-160, div. A, title II, Sec. 242(f)(2), title

XI, Sec. 1105(b)(3), Nov. 30, 1993, 107 Stat. 1605, 1750, inserted

''; Defense Cooperation Account'' in item 2608 and added item 2609.

1991 - Pub. L. 102-190, div. A, title X, Sec. 1061(a)(15), Dec.

5, 1991, 105 Stat. 1473, struck out ''and services'' after

''contributions'' in item 2608.

1990 - Pub. L. 101-403, title II, Sec. 202(a)(2), Oct. 1, 1990,

104 Stat. 874, added item 2608.

1989 - Pub. L. 101-193, title V, Sec. 502(b), Nov. 30, 1989, 103

Stat. 1708, added item 2607.

1988 - Pub. L. 100-456, div. A, title III, Sec. 323(b), Sept.

29, 1988, 102 Stat. 1953, added item 2606.

1986 - Pub. L. 99-661, div. A, title III, Sec. 314(b), Nov. 14,

1986, 100 Stat. 3854, added item 2605.

1970 - Pub. L. 91-603, Sec. 3(2), Dec. 31, 1970, 84 Stat. 1675,

added item 2604.

1962 - Pub. L. 87-555, Sec. 1(2), July 27, 1962, 76 Stat. 244,

added item 2603.

-CITE-

10 USC Sec. 2601 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

-HEAD-

Sec. 2601. General gift funds

-STATUTE-

(a) The Secretary concerned may accept, hold, administer, and

spend any gift, devise, or bequest of real or personal property,

made on the condition that it be used for the benefit, or in

connection with the establishment, operation, or maintenance, of a

school, hospital, library, museum, cemetery, or other institution

or organization under the jurisdiction of his department. He may

pay all necessary expenses in connection with the conveyance or

transfer of a gift, devise, or bequest made under this subsection.

(b) Gifts and bequests of money, and the proceeds of the sale of

property, received under subsection (a) shall be deposited in the

Treasury in the fund called -

(1) ''Department of the Army General Gift Fund'', in the case

of deposits of that department;

(2) ''Department of the Navy General Gift Fund'', in the case

of deposits of that department;

(3) ''Department of the Air Force General Gift Fund'', in the

case of deposits of that department; and

(4) ''Coast Guard General Gift Fund'', in the case of deposits

of the Secretary of Homeland Security.

The Secretary concerned may disburse funds deposited under this

subsection for the benefit or use of the designated institution or

organization, subject to the terms of the gift, devise, or bequest.

(c) For the purposes of Federal income, estate, and gift taxes,

property that is accepted under subsection (a) shall be considered

as a gift, devise, or bequest to or for the use of the United

States.

(d) The Secretary of the Treasury, upon the request of the

Secretary of a military department, may retain money, securities,

and the proceeds of the sale of securities, in the gift fund of the

department concerned, and may invest money and reinvest the

proceeds of the sale of securities in that fund in securities of

the United States or in securities guaranteed as to principal and

interest by the United States. The Secretary of the Treasury may do

likewise with respect to the Coast Guard General Gift Fund. The

interest and profits accruing from those securities shall be

deposited to the credit of the gift fund of the department

concerned and may be disbursed as provided in subsection (b).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 144; Pub. L. 96-513, title V,

Sec. 511(86), Dec. 12, 1980, 94 Stat. 2927; Pub. L. 107-296, title

XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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2601(a) 2601(b) 5:150q. 5:150r. Mar. 11, 1948, ch.

107, 62 Stat. 71.

2601(c) 5:150s.

2601(d) 5:150t.

-------------------------------

In subsection (a), the words ''receive'' and ''administration''

are omitted as surplusage.

In subsection (b), the words ''and conditions'' and ''United

States'' are omitted as surplusage.

In subsection (c), the words ''any gift, devise, or bequest of''

and ''real or personal'' are omitted as surplusage.

In subsection (d), the words ''or any part thereof deposited in

the Treasury pursuant to section 150r of this title'' are omitted

as surplusage.

AMENDMENTS

2002 - Subsec. (b)(4). Pub. L. 107-296 substituted ''Secretary of

Homeland Security'' for ''Secretary of Transportation''.

1980 - Subsec. (b)(4). Pub. L. 96-513 substituted ''Secretary of

Transportation'' for ''Secretary of the Treasury''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2605, 2607, 2612, 4356,

7222 of this title.

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10 USC Sec. 2602 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

-HEAD-

Sec. 2602. American National Red Cross: cooperation and assistance

-STATUTE-

(a) Whenever the President finds it necessary, he may accept the

cooperation and assistance of the American National Red Cross, and

employ it under the armed forces under regulations to be prescribed

by the Secretary of Defense.

(b) Personnel of the American National Red Cross who are

performing duties in connection with its cooperation and assistance

under subsection (a) may be furnished -

(1) transportation, at the expense of the United States, while

traveling to and from, and while performing, those duties, in the

same manner as civilian employees of the armed forces;

(2) meals and quarters, at their expense or at the expense of

the American National Red Cross, except that where civilian

employees of the armed forces are quartered without charge,

employees of the American National Red Cross may also be

quartered without charge; and

(3) available office space, warehousing, wharfage, and means of

communication, without charge.

(c) No fee may be charged for a passport issued to an employee of

the American National Red Cross for travel outside the United

States to assume or perform duties under this section.

(d) Supplies of the American National Red Cross, including gifts

for the use of the armed forces, may be transported at the expense

of the United States, if it is determined under regulations

prescribed under subsection (a) that they are necessary to the

cooperation and assistance accepted under this section.

(e) For the purposes of this section, employees of the American

National Red Cross may not be considered as employees of the United

States.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 145.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

2602(a) 2602(b) 36:17. 36:17a (less July 17, 1953, ch.

2602(c) provisos). 36:17a 222, Sec. 1, 2, 7,

(1st proviso). 67 Stat. 178, 179.

2602(d) 36:17a (last

proviso).

2602(e) 36:17b.

-------------------------------

In subsection (a), the words ''finds it necessary'' are

substituted for the words ''shall find the * * * to be

necessary''. The words ''cooperation and assistance'' are

substituted for the words ''cooperation and use * * * assistance *

* * the same''. The words ''under regulations to be prescribed by

the Secretary of Defense'' are substituted for 36:17 (last

sentence). The words ''tendered by the said Red Cross'' are

omitted as surplusage.

In subsection (b), the introductory clause is substituted for

36:17a (1st 33 words). In clause (1), the word ''expense'' is

substituted for the words ''cost and charge''. The words

''traveling to and from, and while performing, those duties'' are

substituted for the words ''proceeding to their place of duty,

while serving thereat, and while returning therefrom''. In clause

(2), the words ''at their expense or at the expense of'' are

substituted for the words ''providing the cost thereof is borne by

such personnel or by''. The words ''quartered without charge'' are

substituted for the words ''furnished quarters on the same basis

without cost''. In clause (3), the words ''when such facilities

are'' are omitted as surplusage.

In subsection (c), the words ''for travel outside the United

States to assume or perform'' are substituted for the words ''so

serving or proceeding abroad to enter upon such service''.

In subsection (d), the word ''equipment'' is omitted as covered

by the word ''supplies''. The words ''gifts for the use of'' are

substituted for the words ''Red Cross supplies that may be tendered

as a gift and accepted for use by''. The word ''expense'' is

substituted for the words ''cost and charge''. The words ''rules

and'' are omitted as surplusage.

In subsection (e), the words ''Federal Government of'' are

omitted as surplusage.

REPORT ON ASSISTANCE TO RED CROSS FOR EMERGENCY COMMUNICATIONS

SERVICES FOR MEMBERS OF ARMED FORCES AND FAMILIES

Pub. L. 103-377, div. A, title III, Sec. 383(b), Oct. 5, 1994,

108 Stat. 2740, provided that: ''Not later than November 30 in each

of 1994, 1995, and 1996, the Secretary of Defense shall submit to

Congress a report on whether it is necessary for the Department of

Defense to support the emergency communications services of the

American National Red Cross in order to provide such services for

members of the Armed Forces and their families. The report shall

include the following:

''(1) An estimate of the amount of funds necessary to provide

such support.

''(2) A projection of the date upon which the American National

Red Cross can assume full financial responsibility for providing

such emergency communications services.

''(3) An assessment of the alternatives available to the

Secretary for obtaining such emergency communications services,

including the provision of such services by the Department of

Defense.''

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10 USC Sec. 2603 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

-HEAD-

Sec. 2603. Acceptance of fellowships, scholarships, or grants

-STATUTE-

(a) Notwithstanding any other provision of law, a fellowship,

scholarship, or grant may, under regulations to be prescribed by

the President or his designee, be made by a corporation, fund,

foundation, or educational institution that is organized and

operated primarily for scientific, literary, or educational

purposes to any member of the Armed Forces, and the benefits

thereof may be accepted by him -

(1) in recognition of outstanding performance in his field;

(2) to undertake a project that may be of value to the United

States; or

(3) for development of his recognized potential for future

career service.

However, the benefits of such a fellowship, scholarship, or grant

may be accepted by the member in addition to his pay and allowances

only to the extent that those benefits would be conferred upon him

if the education or training contemplated by that fellowship,

scholarship, or grant were provided at the expense of the United

States. In addition, if such a benefit, in cash or in kind, is for

travel, subsistence, or other expenses, an appropriate reduction

shall be made from any payment that is made for the same purpose to

the member by the United States incident to his acceptance of the

fellowship, scholarship, or grant.

(b) Each member of the Armed Forces who accepts a fellowship,

scholarship, or grant in accordance with subsection (a) shall,

before he is permitted to undertake the education or training

contemplated by that fellowship, scholarship, or grant, agree in

writing that, after he completes the education or training, he will

serve on active duty for a period at least three times the length

of the period of the education or training.

-SOURCE-

(Added Pub. L. 87-555, Sec. 1(1), July 27, 1962, 76 Stat. 244.)

-EXEC-

EX. ORD. NO. 11079. REGULATIONS FOR ACCEPTANCE OF FELLOWSHIPS,

SCHOLARSHIPS, OR GRANTS

Ex. Ord. No. 11079, Jan. 25, 1963, 28 F.R. 819, as amended by Ex.

Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247; Ex. Ord. No. 12608,

Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 13286, Sec. 69, Feb. 28,

2003, 68 F.R. 10630, provided:

By virtue of the authority vested in me by section 2603 of Title

10, United States Code (this section), I hereby designate the

Secretary of Defense, with respect to members of the Army, Navy,

Air Force, and Marine Corps, the Secretary of Homeland Security,

with respect to members of the Coast Guard when it is not operating

as a service in the Navy, and the Secretary of Health and Human

Services, with respect to commissioned officers of the Public

Health Service, to prescribe regulations under which members of the

Armed Forces and commissioned officers of the Public Health Service

may accept fellowships, scholarships, or grants from corporations,

funds, foundations, or educational institutions organized and

operated primarily for scientific, literary, or educational

purposes. To the extent practicable, such regulations shall be

uniform.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 213a.

-CITE-

10 USC Sec. 2604 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

-HEAD-

Sec. 2604. United Seamen's Service: cooperation and assistance

-STATUTE-

(a) Whenever the President finds it necessary in the interest of

United States commitments abroad to provide facilities and services

for United States merchant seamen in foreign areas, he may

authorize the Secretary of Defense, under such regulations as the

Secretary may prescribe, to cooperate with and assist the United

Seamen's Service in establishing and providing those facilities and

services.

(b) Personnel of the United Seamen's Service who are performing

duties in connection with the cooperation and assistance under

subsection (a) may be furnished -

(1) transportation, at the expense of the United States, while

traveling to and from, and while performing those duties, in the

same manner as civilian employees of the armed forces;

(2) meals and quarters, at their expense or at the expense of

the United Seamen's Service, except that where civilian employees

of the armed forces are quartered without charge, employees of

the United Seamen's Service may also be quartered without charge;

and

(3) available office space (including space for recreational

activities for seamen), warehousing, wharfage, and means of

communication, without charge.

(c) No fee may be charged for a passport issued to an employee of

the United Seamen's Service for travel outside the United States to

assume or perform duties under this section.

(d) Supplies of the United Seamen's Service, including gifts for

the use of merchant seamen, may be transported at the expense of

the United States, if it is determined under regulations prescribed

under subsection (a) that they are necessary to the cooperation and

assistance provided under this section.

(e) Where practicable, the President shall also make arrangements

to provide for convertibility of local currencies for the United

Seamen's Service, in connection with its activities under

subsection (a).

(f) For the purposes of this section, employees of the United

Seamen's Service may not be considered as employees of the United

States.

-SOURCE-

(Added Pub. L. 91-603, Sec. 3(1), Dec. 31, 1970, 84 Stat. 1674.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 91-603 provided: ''That this Act (enacting

this section, amending sections 1151, 1152, 1171, and 1223 of Title

46, Appendix, Shipping, and enacting provisions set out as a note

under this section) may be cited as the 'Seamen's Service Act'.''

CONGRESSIONAL DECLARATION OF PURPOSE

Section 2 of Pub. L. 91-603 provided that: ''It is the purpose of

this Act (enacting this section and amending sections 1151, 1152,

1171 and 1223 of Title 46, Appendix, Shipping), by authorizing

appropriate departments and agencies of the United States

Government to cooperate with the United Seamen's Service (a

nonprofit, charitable organization incorporated under the laws of

the State of New York) in the establishment and operation of

facilities for United States merchant seamen in foreign areas, to

promote the welfare of such seamen, essential to the overall

interests of shipment of United States goods and supplies to such

areas.''

-CITE-

10 USC Sec. 2605 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

-HEAD-

Sec. 2605. Acceptance of gifts for defense dependents' schools

-STATUTE-

(a) The Secretary of Defense may accept, hold, administer, and

spend any gift (including any gift of an interest in real property)

made on the condition that it be used in connection with the

operation or administration of a defense dependents' school. The

Secretary may pay all necessary expenses in connection with the

acceptance of a gift under this subsection.

(b) There is established in the Treasury a fund to be known as

the ''Department of Defense Dependents' Education Gift Fund''.

Gifts of money, and the proceeds of the sale of property, received

under subsection (a) shall be deposited in the fund. The Secretary

may disburse funds deposited under this subsection for the benefit

or use of defense dependents' schools, subject to the terms of the

gift.

(c) Subsection (c) of section 2601 of this title applies to

property that is accepted under subsection (a) in the same manner

that such subsection applies to property that is accepted under

subsection (a) of that section.

(d)(1) Upon request of the Secretary of Defense, the Secretary of

the Treasury may -

(A) retain money, securities, and the proceeds of the sale of

securities, in the Department of Defense Dependents' Education

Gift Fund; and

(B) invest money and reinvest the proceeds of the sale of

securities in that fund in securities of the United States or in

securities guaranteed as to principal and interest by the United

States.

(2) The interest and profits accruing from those securities shall

be deposited to the credit of the fund and may be disbursed as

provided in subsection (b).

(e) In this section, the term ''gift'' includes a devise of real

property or a bequest of personal property.

(f) The Secretary of Defense shall prescribe regulations to carry

out this section.

(g) In this section, the term ''defense dependents' school''

means the following:

(1) A school established as part of the defense dependents'

education system provided for under the Defense Dependents'

Education Act of 1978 (20 U.S.C. 921 et seq.).

(2) An elementary or secondary school established pursuant to

section 2164 of this title.

-SOURCE-

(Added Pub. L. 99-661, div. A, title III, Sec. 314(a), Nov. 14,

1986, 100 Stat. 3853; amended Pub. L. 103-337, div. A, title III,

Sec. 353(a)-(c)(1), Oct. 5, 1994, 108 Stat. 2731.)

-REFTEXT-

REFERENCES IN TEXT

The Defense Dependents' Education Act of 1978, referred to in

subsec. (g)(1), is title XIV of Pub. L. 95-561, Nov. 1, 1978, 92

Stat. 2365, as amended, which is classified principally to chapter

25A (Sec. 921 et seq.) of Title 20, Education. For complete

classification of this Act to the Code, see Short Title note set

out under section 921 of Title 20 and Tables.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-337, Sec. 353(c)(1), substituted ''schools''

for ''education system'' in section catchline.

Subsec. (a). Pub. L. 103-337, Sec. 353(a)(1), substituted ''a

defense dependents' school'' for ''the defense dependents'

education system provided for under the Defense Dependents'

Education Act of 1978 (20 U.S.C. 921 et seq.)''.

Subsec. (b). Pub. L. 103-337, Sec. 353(a)(2), substituted

''defense dependents' schools'' for ''the defense dependent's

education system''.

Subsec. (g). Pub. L. 103-337, Sec. 353(b), added subsec. (g).

-CITE-

10 USC Sec. 2606 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

-HEAD-

Sec. 2606. Scouting: cooperation and assistance in foreign areas

-STATUTE-

(a) Subject to subsection (b), the Secretary concerned may

cooperate with and assist qualified scouting organizations in

establishing and providing facilities and services for members of

the armed forces and their dependents, and civilian employees of

the Department of Defense and their dependents, at locations

outside the United States.

(b) Cooperation and assistance under subsection (a) shall be

provided under regulations prescribed by the Secretary of Defense

and may be provided only if the President determines that such

cooperation and assistance is necessary in the interest of the

morale, welfare, and recreation of members of the armed forces.

(c) Personnel of a qualified scouting organization, including

officials certified by that organization as representing that

organization, who are performing duties in connection with

cooperation and assistance provided under subsection (a) may be

furnished -

(1) transportation at the expense of the United States while

traveling to and from, and while performing, such duties in the

same manner as civilian employees of the United States; and

(2) available office space (including space for recreational

activities for Boy Scouts and Girl Scouts), warehousing,

utilities, and a means of communication, without charge.

(d) Supplies of a qualified scouting organization may be

transported at the expense of the United States if the Secretary

concerned determines, under regulations prescribed under subsection

(b), that the supplies are necessary to the cooperation and

assistance provided under this section.

(e) The Secretary concerned may reimburse a qualified scouting

organization for all or part of the pay of an employee of that

organization for any period during which the employee was

performing services under subsection (a). Any such reimbursement

may not be made from appropriated funds and shall be made under

regulations prescribed under subsection (b).

(f) For the purposes of this section, employees of a qualified

scouting organization performing services under subsection (a) may

not be considered to be employees of the United States.

(g) In this section, the term ''qualified scouting organization''

means the Girl Scouts of the United States of America and the Boy

Scouts of America.

-SOURCE-

(Added Pub. L. 100-456, div. A, title III, Sec. 323(a), Sept. 29,

1988, 102 Stat. 1953.)

-EXEC-

EX. ORD. NO. 12715. DETERMINATION FOR SUPPORT OF SCOUTING

ACTIVITIES OVERSEAS

Ex. Ord. No. 12715, May 3, 1990, 55 F.R. 19051, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, and pursuant to section

2606(b) of title 10, United States Code, with regard to support of

scouting activities overseas, I hereby determine that the

cooperation and assistance authorized by section 2606(a) of that

title is necessary in the interest of the morale, welfare, and

recreation of members of the armed forces. The Secretary of

Defense, or his designee, shall issue regulations concerning such

cooperation and support. George Bush.

-CITE-

10 USC Sec. 2607 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

-HEAD-

Sec. 2607. Acceptance of gifts for the Defense Intelligence College

-STATUTE-

(a) The Secretary of Defense may accept, hold, administer, and

use any gift (including any gift of an interest in real property)

made for the purpose of aiding and facilitating the work of the

Defense Intelligence College and may pay all necessary expenses in

connection with the acceptance of such a gift.

(b) Money, and proceeds from the sale of property, received as a

gift under subsection (a) shall be deposited in the Treasury and

shall be available for disbursement upon the order of the Secretary

of Defense to the extent provided in annual appropriation Acts.

(c) Subsection (c) of section 2601 of this title applies to

property that is accepted under subsection (a) in the same manner

that such subsection applies to property that is accepted under

subsection (a) of that section.

(d) In this section, the term ''gift'' includes a bequest of

personal property or a devise of real property.

-SOURCE-

(Added Pub. L. 101-193, title V, Sec. 502(a), Nov. 30, 1989, 103

Stat. 1708.)

-CITE-

10 USC Sec. 2608 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

-HEAD-

Sec. 2608. Acceptance of contributions for defense programs,

projects, and activities; Defense Cooperation Account

-STATUTE-

(a) Acceptance Authority. - The Secretary of Defense may accept

from any person, foreign government, or international organization

any contribution of money or real or personal property made by such

person, foreign government, or international organization for use

by the Department of Defense and may accept from any foreign

government or international organization any contribution of

services made by such foreign government or international

organization for use by the Department of Defense.

(b) Establishment of Defense Cooperation Account. - (1) There is

established in the Treasury of the United States a special account

to be known as the ''Defense Cooperation Account''.

(2) Contributions of money and proceeds from the sale of any

property accepted by the Secretary of Defense under subsection (a)

shall be credited to the Defense Cooperation Account.

(c) Use of the Defense Cooperation Account. - (1) Funds in the

Defense Cooperation Account may be appropriated for a function

described in section 114 of this title only to the extent that the

appropriation of such funds for such purpose is authorized in

accordance with that section.

(2) Funds in the Defense Cooperation Account shall not be made

available for obligation or expenditure except to the extent and in

the manner provided in subsequent appropriations Acts.

(d) Use of Property. - Any contribution of property received

under this section may be -

(1) retained and used by the Department of Defense in the form

in which it was donated;

(2) sold or otherwise disposed of upon such terms and

conditions and in accordance with such procedures as the

Secretary determines appropriate; or

(3) converted into a form usable by the Department of Defense.

(e) Reporting Requirement. - (1) Not later than 30 days after the

end of each quarter of each fiscal year, the Secretary of Defense

shall submit to Congress a report on contributions of property

accepted by the Secretary under this section during the preceding

quarter. The Secretary shall include in each such report a

description of all property having a value of more than $1,000,000.

(2) In computing the value of any property referred to in

paragraph (1), the Secretary shall aggregate the value of -

(A) similar items of property accepted by the Secretary during

the quarter concerned; and

(B) components which, if assembled, would comprise all or a

substantial part of an item of equipment or a facility.

(f) Authority to Use Property. - Property accepted under

subsection (a) may be used by the Secretary of Defense without

specific authorization, except that such property may not be used

in connection with any program, project, or activity if the use of

such property would result in the violation of any prohibition or

limitation otherwise applicable to such program, project, or

activity.

(g) Investment of Money. - (1) Upon request by the Secretary of

Defense, the Secretary of the Treasury may invest money in the

Defense Cooperation Account in securities of the United States or

in securities guaranteed as to principal and interest by the United

States.

(2) Any interest or other income that accrues from investment in

securities referred to in paragraph (1) shall be deposited to the

credit of the Defense Cooperation Account.

(h) Notification of Conditions. - The Secretary of Defense shall

notify Congress of any condition imposed by the donor on the use of

any contribution accepted by the Secretary under the authority of

this section.

(i) Periodic Audits by GAO. - The Comptroller General of the

United States shall make periodic audits of money and property

accepted under this section, at such intervals as the Comptroller

General determines to be warranted. The Comptroller General shall

submit to Congress a report on the results of each such audit.

(j) Items Included as Contributions. - In this section, the term

''contribution'' includes a devise of real property or a bequest of

personal property.

(k) Regulations. - The Secretary of Defense shall prescribe

regulations to carry out this section.

-SOURCE-

(Added Pub. L. 101-403, title II, Sec. 202(a)(1), Oct. 1, 1990, 104

Stat. 872; amended Pub. L. 102-190, div. A, title X, Sec.

1061(a)(16), Dec. 5, 1991, 105 Stat. 1473; Pub. L. 103-160, div.

A, title XI, Sec. 1105(b)(1), (2), Nov. 30, 1993, 107 Stat. 1750;

Pub. L. 104-201, div. A, title X, Sec. 1063, Sept. 23, 1996, 110

Stat. 2652.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-201 inserted before period at end

''and may accept from any foreign government or international

organization any contribution of services made by such foreign

government or international organization for use by the Department

of Defense''.

1993 - Pub. L. 103-160, Sec. 1105(b)(2), inserted ''; Defense

Cooperation Account'' in section catchline.

Subsec. (i). Pub. L. 103-160, Sec. 1105(b)(1), substituted

''Periodic Audits'' for ''Annual Audit'' in heading and amended

text generally. Prior to amendment, text read as follows: ''The

Comptroller General of the United States shall conduct an annual

audit of money and property accepted by the Secretary of Defense

under this section and shall submit a copy of the results of each

such audit to Congress.''

1991 - Subsec. (g)(1). Pub. L. 102-190 inserted ''(1)'' before

''Upon request''.

-CITE-

10 USC Sec. 2609 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

-HEAD-

(Sec. 2609. Repealed. Pub. L. 104-106, div. A, title II, Sec.

253(9), Feb. 10, 1996, 110 Stat. 235)

-MISC1-

Section, added Pub. L. 103-160, div. A, title II, Sec.

242(f)(1), Nov. 30, 1993, 107 Stat. 1605, related to acceptance of

contributions from allies for Theater Missile Defense programs and

establishment and use of Theater Missile Defense Cooperation

Account.

-CITE-

10 USC Sec. 2610 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

-HEAD-

Sec. 2610. Competitions for excellence: acceptance of monetary

awards

-STATUTE-

(a) Acceptance Authorized. - The Secretary of Defense may accept

a monetary award given to the Department of Defense by a

nongovernmental entity as a result of the participation of the

Department in a competition carried out to recognize excellence or

innovation in providing services or administering programs.

(b) Disposition of Awards. - A monetary award accepted under

subsection (a) shall be credited to one or more nonappropriated

fund accounts supporting morale, welfare, and recreation activities

for the command, installation, or other activity that is recognized

for the award. Amounts so credited may be expended only for such

activities.

(c) Incidental Expenses. - Subject to such limitations as may be

provided in appropriation Acts, appropriations available to the

Department of Defense may be used to pay incidental expenses

incurred by the Department to participate in a competition

described in subsection (a) or to accept a monetary award under

this section.

(d) Regulations and Reporting. - (1) The Secretary shall

prescribe regulations to determine the disposition of monetary

awards accepted under this section and the payment of incidental

expenses under subsection (c).

(2) At the end of each year, the Secretary shall submit to

Congress a report for that year describing the disposition of

monetary awards accepted under this section and the payment of

incidental expenses under subsection (c).

(e) Termination. - The authority of the Secretary under this

section shall expire on February 10, 1998.

-SOURCE-

(Added Pub. L. 104-106, div. A, title III, Sec. 377(a), Feb. 10,

1996, 110 Stat. 283; amended Pub. L. 104-201, div. A, title X,

Sec. 1074(a)(16), Sept. 23, 1996, 110 Stat. 2659.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-201 substituted ''on February 10,

1998'' for ''two years after the date of the enactment of the

National Defense Authorization Act for Fiscal Year 1996''.

-CITE-

10 USC Sec. 2611 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

-HEAD-

Sec. 2611. Asia-Pacific Center for Security Studies: acceptance of

foreign gifts and donations

-STATUTE-

(a) Authority To Accept Foreign Gifts and Donations. - (1)

Subject to subsection (b), the Secretary of Defense may accept, on

behalf of the Asia-Pacific Center, foreign gifts or donations in

order to defray the costs of, or enhance the operation of, the

Asia-Pacific Center.

(2) In this section, the term ''Asia-Pacific Center'' means the

Department of Defense organization within the United States Pacific

Command known as the Asia-Pacific Center for Security Studies.

(b) Limitation. - The Secretary may not accept a gift or donation

under subsection (a) if the acceptance of the gift or donation

would compromise or appear to compromise -

(1) the ability of the Department of Defense, any employee of

the Department, or members of the armed forces to carry out any

responsibility or duty of the Department in a fair and objective

manner; or

(2) the integrity of any program of the Department of Defense

or of any person involved in such a program.

(c) Criteria for Acceptance. - The Secretary shall prescribe

written guidance setting forth the criteria to be used in

determining whether the acceptance of a foreign gift or donation

would have a result described in subsection (b).

(d) Crediting of Funds. - Funds accepted by the Secretary under

subsection (a) shall be credited to appropriations available to the

Department of Defense for the Asia-Pacific Center. Funds so

credited shall be merged with the appropriations to which credited

and shall be available to the Asia-Pacific Center for the same

purposes and same period as the appropriations with which merged.

((e) Repealed. Pub. L. 107-314, div. A, title X, Sec.

1041(a)(17), Dec. 2, 2002, 116 Stat. 2645.)

(f) Foreign Gift or Donation Defined. - For purposes of this

section, a foreign gift or donation is a gift or donation of funds,

materials (including research materials), property, or services

(including lecture services and faculty services) from a foreign

government, a foundation or other charitable organization in a

foreign country, or an individual in a foreign country.

-SOURCE-

(Added Pub. L. 106-65, div. A, title IX, Sec. 915(a), Oct. 5,

1999, 113 Stat. 721; amended Pub. L. 107-314, div. A, title X,

Sec. 1041(a)(17), Dec. 2, 2002, 116 Stat. 2645.)

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-314 struck out heading and text

of subsec. (e). Text read as follows: ''If the total amount of

funds accepted under subsection (a) in any fiscal year exceeds

$2,000,000, the Secretary shall notify Congress of the amount of

those donations for that fiscal year. Any such notice shall list

each of the contributors of such amounts and the amount of each

contribution in that fiscal year.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 184, 2612 of this title.

-CITE-

10 USC Sec. 2612 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART IV - SERVICE, SUPPLY, AND PROCUREMENT

CHAPTER 155 - ACCEPTANCE OF GIFTS AND SERVICES

-HEAD-

Sec. 2612. National Defense University: acceptance of gifts

-STATUTE-

(a) The Secretary of Defense may accept, hold, administer, and

spend any gift, including a gift from an international organization

and a foreign gift or donation (as defined in section 2611(f) of

this title), that is made on the condition that it be used in

connection with the operation or administration of the National

Defense University. The Secretary may pay all necessary expenses in

connection with the acceptance of a gift under this subsection.

(b) There is established in the Treasury a fund to be known as

the ''National Defense University Gift Fund''. Gifts of money, and

the proceeds of the sale of property, received under subsection (a)

shall be deposited in the fund. The Secretary may disburse funds

deposited under this subsection for the benefit or use of the

National Defense University.

(c) Subsection (c) of section 2601 of this title applies to

property that is accepted under subsection (a) in the same manner

that such subsection applies to property that is accepted under

subsection (a) of that section.

(d)(1) Upon request of the Secretary of Defense, the Secretary of

the Treasury may -

(A) retain money, securities, and the proceeds of the sale of

securities, in the National Defense University Gift Fund; and

(B) invest money and reinvest the proceeds of the sale of

securities in that fund in securities of the United States or in

securities guaranteed as to principal and interest by the United

States.

(2) The interest and profits accruing from those securities shall

be deposited to the credit of the fund and may be disbursed as

provided in subsection (b).

(e) In this section:

(1) the term ''gift'' includes a devise of real property or a

bequest of personal property and any gift of an interest in real

property.

(2) The term ''National Defense University'' includes any

school or other component of the National Defense University

specified under section 2165(b) of this title.

(f) The Secretary of Defense shall prescribe regulations to carry

out this section.

-SOURCE-

(Added Pub. L. 107-314, div. A, title IX, Sec. 931(a), Dec. 2,

2002, 116 Stat. 2624.)

-CITE-