§2605 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense can accept, hold, manage, and spend gifts (including real estate) that must be used to run or help run schools for military dependents. The Secretary can pay needed costs to accept a gift. Money and sale proceeds go into the Department of Defense Dependents’ Education Gift Fund in the Treasury. The money can be used for those schools under the gift’s terms. At the Defense Secretary’s request, the Secretary of the Treasury may hold and invest fund money in U.S. government or government‑guaranteed securities, and interest or profits go back into the fund. Property taken under these rules follows the same handling rules as in subsection (c) of section 2601. The Secretary of Defense must write rules to carry this out. Definitions: “Gift” means a devise of real property or a bequest of personal property. “Defense dependents’ school” means a school under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.) or an elementary or secondary school under section 2164 of this title.

Title 10, §2605

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense may accept, hold, administer, and spend any gift (including any gift of an interest in real property) made on the condition that it be used in connection with the operation or administration of a defense dependents’ school. 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 “Department of Defense Dependents’ Education 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 defense dependents’ schools, subject to the terms of the gift.

(c)Subsection (c) of section 2601 of this title 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 Department of Defense Dependents’ Education 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 as provided in subsection (b).

(e)In this section, the term “gift” includes a devise of real property or a bequest of personal property.

(f)The Secretary of Defense shall prescribe regulations to carry out this section.

(g)In this section, the term “defense dependents’ school” means the following:

(1)A school established as part of the defense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.).

(2)An elementary or secondary school established pursuant to section 2164 of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Defense Dependents’ Education Act of 1978, referred to in subsec. (g)(1), is title XIV of Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2365, as amended, which is classified principally to chapter 25A (§ 921 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see

Short Title

note set out under section 921 of Title 20 and Tables.

Amendments

1994—Pub. L. 103–337, § 353(c)(1), substituted “schools” for “education system” in section catchline. Subsec. (a). Pub. L. 103–337, § 353(a)(1), substituted “a defense dependents’ school” for “the defense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.)”. Subsec. (b). Pub. L. 103–337, § 353(a)(2), substituted “defense dependents’ schools” for “the defense dependent’s education system”. Subsec. (g). Pub. L. 103–337, § 353(b), added subsec. (g).

§2605 Acceptance of Gifts for Defense Dependents’ Schools