Title 10Armed ForcesRelease 119-73

§2608 Acceptance of contributions for defense programs, projects, and activities; Defense Cooperation Account

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 155— - ACCEPTANCE OF GIFTS AND SERVICES › § 2608

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense can accept gifts of money and real or personal property from anyone, and can take services from foreign governments or international organizations, to use for the Department of Defense. Money and sale proceeds are put into a special account in the Treasury called the Defense Cooperation Account. That money can only be used for certain defense purposes and only if and how Congress later allows it in appropriation laws. Donated property can be kept and used as given, sold or disposed of, or changed into a usable form. Donated items cannot be used in ways that would break rules that already apply to a program, project, or activity. Within 30 days after the end of the second and fourth fiscal quarters, the Secretary must report to Congress on property accepted in the prior two quarters and must describe any item worth more than $1,000,000 (including similar items or parts counted together). The Secretary must tell Congress about any donor conditions on use. On request, the Treasury may invest account money in U.S. government securities and interest goes back to the account. The Comptroller General will audit gifts and report the results. Gifts include property left by will. The Secretary must write rules to carry out these steps.

Full Legal Text

Title 10, §2608

Armed Forces — Source: USLM XML via OLRC

(a)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)(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)(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)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)(1)Not later than 30 days after the end of the second quarter and the fourth 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 two quarters. 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)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)(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)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)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)In this section, the term “contribution” includes a devise of real property or a bequest of personal property.
(k)The Secretary of Defense shall prescribe regulations to carry out this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Subsec. (e)(1). Pub. L. 112–81 substituted “the second quarter and the fourth quarter” for “each quarter” and “the preceding two quarters” for “the preceding quarter”. 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, § 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)” before “Upon request”.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2608

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73