
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2608]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
              CHAPTER 155--ACCEPTANCE OF GIFTS AND SERVICES
 
Sec. 2608. Acceptance of contributions for defense programs, 
        projects, and activities; Defense Cooperation Account
        
    (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.

(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.)


                               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''.
