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10 U.S.C. § 2612 — National Defense University: acceptance of gifts

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2612 — National Defense University: acceptance of gifts

**(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 343(f)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section343/f/4&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2601&num=0&edition=prelim) 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

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Source file: Laws/federal/codes/united-states-code/title-10/section-2612-national-defense-university-acceptance-of-gifts--572ad8ef7b.md
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Source location: Title 10, Chapter 155, § 2612; chapter-155-acceptance-of-gifts-and-services.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2601 — General gift funds

**(a) General Authority to Accept Gifts.—** (1) The Secretary concerned may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, or money made on the condition that the gift, devise, or bequest 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 the Secretary. (2) (A) Notwithstanding [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim), the Secretary concerned may accept a gift of services for a military museum program or a professional military education institution from a nonprofit entity established for the purpose of supporting a military museum program or a professional military education institution. Employees or personnel of a nonprofit entity who provide a gift of services under this subparagraph may not be considered to be employees of the United States. (B) For the use and benefit of a military museum program, the Secretary concerned may solicit from a bona fide collector a gift of books, manuscripts, works of art, historical artifacts, drawings, plans, models, or condemned or obsolete combat materiel. **(b) Additional Authority to Accept Gifts to Benefit Certain Members, Dependents, and Civilian Employees.—** (1) The Secretary concerned may accept, hold, administer, and spend any gift, devise, or bequest of real property, personal property, money, or services made on the condition that the gift, devise, or bequest be used for the benefit of— (A) members of the armed forces, including members performing full-time National Guard duty under [section 502(f) of title 32](http

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2612 — National Defense University: acceptance

Page 2022 TITLE 10—ARMED FORCES § 2612 (C) The William J. Perry Center for Hemi- spheric Defense Studies. (D) The Africa Center for Strategic Studies. (E) The Near East South Asia Center for Strategic Studies. (F) The Ted Stevens Center for Arctic Secu- rity Studies. (b) SOURCES.—The sources from which gifts and donations may be accepted under subsection (a) are the following: (1) The government of a State or a political subdivision of a State. (2) The government of a foreign country. (3) A foundation or other charitable organi- zation, including a foundation or charitable organization this is organized or operates under the laws of a foreign country. (4) Any source in the private sector of the United States or a foreign country. (c) LIMITATION.—The Secretary may not ac- cept a gift or donation under subsection (a) if acceptance of the gift or donation would com- promise or appear to compromise— (1) the ability of the Department of Defense, any employee of the Department, or any mem- ber of the armed forces to carry out the re- sponsibility or duty of the Department in a fair and objective manner; or (2) the integrity of any program of the De- partment, or of any person involved in such a program. (d) CRITERIA FOR ACCEPTANCE.—The Secretary shall prescribe written guidance setting forth the criteria to be used in determining whether the acceptance of a gift or donation would have a result described in subsection (c). (e) CREDITING OF FUNDS.—Funds accepted by the Secretary under section (a) shall be credited to appropriations available to the Department of Defense for the regional center, combination of centers, or centers generally for which ac- cepted. Funds so credited shall be merged with the appropriations to which credited and shall be

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