10 U.S.C. § 2611 — Regional centers for security studies: ac-

Page 2021 TITLE 10—ARMED FORCES § 2611 (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 prin- cipal 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 Sec- retary 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 peri- odic audits of money and property accepted under this section, at such intervals as the Comptroller General determines to be war- ranted. 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 de- vise of real property or a bequest of personal property. (k) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out this sec- tion. (Added Pub. L. 101–403, title II, § 202(a)(1), Oct. 1, 1990, 104 Stat. 872; amended Pub. L. 102–190, div. A, title X, § 1061(a)(16), Dec. 5, 1991, 105 Stat. 1473; Pub. L. 103–160, div. A, title XI, § 1105(b)(1), (2), Nov. 30, 1993, 107 Stat. 1750; Pub. L. 104–201, div. A, title X, § 1063, Sept. 23, 1996, 110 Stat. 2652; Pub. L. 112–81, div. A, title X, § 1064(7), Dec. 31, 2011, 125 Stat. 1587.) Editorial Notes AMENDMENTS 2011—Subsec. (e)(1). Pub. L. 112–81 substituted ‘‘the second quarter and the fourth quarter’’ for ‘‘each quar- ter’’ and ‘‘the preceding two quarters’’ for ‘‘the pre- ceding quarter’’. 1996—Subsec. (a). Pub. L. 104–201 inserted before pe- riod at end ‘‘and may accept from any foreign govern- ment or international organization any contribution of services made by such foreign government or inter- national organization for use by the Department of De- fense’’. 1993—Pub. L. 103–160, § 1105(b)(2), inserted ‘‘; Defense Cooperation Account’’ in section catchline. Subsec. (i). Pub. L. 103–160, § 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)’’ be- fore ‘‘Upon request’’. [§ 2609. Repealed. Pub. L. 104–106, div. A, title II, § 253(9), Feb. 10, 1996, 110 Stat. 235] Section, added Pub. L. 103–160, div. A, title II, § 242(f)(1), Nov. 30, 1993, 107 Stat. 1605, related to accept- ance of contributions from allies for Theater Missile Defense programs and establishment and use of Theater Missile Defense Cooperation Account. § 2610. Competitions for excellence: acceptance of monetary awards (a) ACCEPTANCE AUTHORIZED.—The Secretary of Defense may accept a monetary award given to the Department of Defense by a nongovern- mental 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 recre- ation 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 Depart- ment of Defense may be used to pay incidental expenses incurred by the Department to partici- pate in a competition described in subsection (a) or to accept a monetary award under this sec- tion. (d) REGULATIONS AND REPORTING.—(1) The Sec- retary 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 de- scribing the disposition of monetary awards ac- cepted under this section and the payment of in- cidental expenses under subsection (c). (e) TERMINATION.—The authority of the Sec- retary under this section shall expire on Feb- ruary 10, 1998. (Added Pub. L. 104–106, div. A, title III, § 377(a), Feb. 10, 1996, 110 Stat. 283; amended Pub. L. 104–201, div. A, title X, § 1074(a)(16), Sept. 23, 1996, 110 Stat. 2659.) Editorial Notes AMENDMENTS 1996—Subsec. (e). Pub. L. 104–201 substituted ‘‘on Feb- ruary 10, 1998’’ for ‘‘two years after the date of the en- actment of the National Defense Authorization Act for Fiscal Year 1996’’. § 2611. Regional centers for security studies: ac- ceptance of gifts and donations (a) AUTHORITY TO ACCEPT GIFTS AND DONA- TIONS.—(1) Subject to subsection (c), the Sec- retary of Defense may, on behalf of any Depart- ment of Defense regional center for security studies, any combination of such centers, or such centers generally, accept from any source specified in subsection (b) any gift or donation for purposes of defraying the costs or enhancing the operation of such a center, combination of centers, or centers generally, as the case may be. (2) For purposes of this section, the Depart- ment of Defense regional centers for security studies are the following: (A) The George C. Marshall European Center for Security Studies. (B) The Daniel K. Inouye Asia-Pacific Center for Security Studies. 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 available for the regional center, combina- tion of centers, or centers generally, as the case may be, for the same purposes as the appropria- tions with which merged. Any funds accepted under this section shall remain available until expended. (f) GIFT OR DONATION DEFINED.—In this sec- tion, the term ‘‘gift or donation’’ means any gift or donation of funds, materials (including re- search materials), real or personal property, or services (including lecture services and faculty services). (Added Pub. L. 106–65, div. A, title IX, § 915(a), Oct. 5, 1999, 113 Stat. 721; amended Pub. L. 107–314, div. A, title X, § 1041(a)(17), Dec. 2, 2002, 116 Stat. 2645; Pub. L. 108–136, div. A, title IX, § 931(a), (b)(1), (c), Nov. 24, 2003, 117 Stat. 1580, 1581; Pub. L. 108–375, div. A, title X, § 1084(f)(2), Oct. 28, 2004, 118 Stat. 2064; Pub. L. 109–163, div. A, title IX, § 903(a)(1), Jan. 6, 2006, 119 Stat. 3397; Pub. L. 112–239, div. B, title XXVIII, § 2854(b)(2), Jan. 2, 2013, 126 Stat. 2162; Pub. L. 113–291, div. B, title XXVIII, § 2861(b)(2), Dec. 19, 2014, 128 Stat. 3716; Pub. L. 117–81, div. A, title X, § 1082(b), Dec. 27, 2021, 135 Stat. 1922.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(2)(F). Pub. L. 117–81 added subpar. (F). 2014—Subsec. (a)(2)(B). Pub. L. 113–291 substituted ‘‘Daniel K. Inouye Asia-Pacific Center for Security Studies’’ for ‘‘Asia-Pacific Center for Security Stud- ies’’. 2013—Subsec. (a)(2)(C). Pub. L. 112–239 substituted ‘‘William J. Perry Center for Hemispheric Defense Studies’’ for ‘‘Center for Hemispheric Defense Studies’’. 2006—Pub. L. 109–163 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (f) relating to acceptance of gifts and do- nations for the Asia-Pacific Center for Security Stud- ies. 2004—Subsec. (a)(1). Pub. L. 108–375 amended directory language of Pub. L. 108–136, § 931(a)(1). See 2003 Amend- ment note below. 2003—Pub. L. 108–136, § 931(c), struck out ‘‘foreign’’ be- fore ‘‘gifts’’ in section catchline. Subsec. (a). Pub. L. 108–136, § 931(b)(1)(A), struck out ‘‘Foreign’’ before ‘‘Gifts’’ in heading. Subsec. (a)(1). Pub. L. 108–136, § 931(a)(1), as amended by Pub. L. 108–375, substituted ‘‘gifts and donations from sources described in paragraph (2)’’ for ‘‘foreign gifts or donations’’. Subsec. (a)(2), (3). Pub. L. 108–136, § 931(a)(2), (3), added par. (2) and redesignated former par. (2) as (3). Subsec. (c). Pub. L. 108–136, § 931(b)(1)(B), struck out ‘‘foreign’’ before ‘‘gift’’. Subsec. (f). Pub. L. 108–136, § 931(b)(1)(A), (C), in head- ing, struck out ‘‘Foreign’’ before ‘‘Gift’’ and in text, struck out ‘‘foreign’’ after ‘‘section, a’’ and ‘‘from a for- eign government, a foundation or other charitable or- ganization in a foreign country, or an individual in a foreign country’’ before period at end. 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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–375, div. A, title X, § 1084(f), Oct. 28, 2004, 118 Stat. 2064, provided that the amendment made by section 1084(f)(2) is effective as of Nov. 24, 2003, and as if included in Pub. L. 108–136 as enacted. § 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), that is made on the condition that it be used in connection with the operation or ad- ministration 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 Univer- sity Gift Fund’’. Gifts of money, and the pro- ceeds of the sale of property, received under sub- section (a) shall be deposited in the fund. The Secretary may disburse funds deposited under this subsection for the benefit or use of the Na- tional Defense University. (c) Subsection (c) of section 2601 of this title applies to property that is accepted under sub-