10 USC § 2611 - Regional centers for security studies: acceptance of gifts and donations

(a) Authority to Accept Gifts and Donations.—

(1) Subject to subsection (c), the Secretary of Defense may, on behalf of any Department 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 Department of Defense regional centers for security studies are the following:

(A) The George C. Marshall European Center for Security Studies.

(B) The Asia-Pacific Center for Security Studies.

(C) The Center for Hemispheric Defense Studies.

(D) The Africa Center for Strategic Studies.

(E) The Near East South Asia Center for Strategic 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 organization, 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 accept a gift or donation under subsection (a) if 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 any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or

(2) the integrity of any program of the Department, 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 accepted. Funds so credited shall be merged with the appropriations to which credited and shall be available for the regional center, combination of centers, or centers generally, as the case may be, for the same purposes as the appropriations with which merged. Any funds accepted under this section shall remain available until expended.

(f) Gift or Donation Defined.— In this section, the term “gift or donation” means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).

Source

(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.)

Amendments

2006—Pub. L. 109–163amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (f) relating to acceptance of gifts and donations for the Asia-Pacific Center for Security Studies.

2004—Subsec. (a)(1). Pub. L. 108–375amended directory language of Pub. L. 108–136, § 931(a)(1). See 2003 Amendment note below.

2003—Pub. L. 108–136, § 931(c), struck out “foreign” before “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 heading, struck out “Foreign” before “Gift” and in text, struck out “foreign” after “section, a” and “from a foreign government, a foundation or other charitable organization in a foreign country, or an individual in a foreign country” before period at end.

2002—Subsec. (e). Pub. L. 107–314struck 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.”

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. 108–136as enacted.