To improve the general authority of the Department of Defense to accept and administer gifts.

1. Adds SEC. __. IMPROVEMENT OF AUTHORITIES ON GENERAL GIFT FUNDS OF THE DEPARTMENT OF DEFENSE at the end of subtitle C of title III

   Adds a section

   In S. 1042 · Public Print

   (b) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the effects of windmill farms on military readiness, including an assessment of the effects on the operations of military radar installations of the proximity of windmill farms to such installations and of technologies that could mitigate any adverse effects on military operations identified.

   Inserted: SEC. __. IMPROVEMENT OF AUTHORITIES ON GENERAL GIFT FUNDS OF THE DEPARTMENT OF DEFENSE.

   Inserted: (a) Restatement and Expansion of Current Authority.--Subsection (a) of section 2601 of title 10, United States Code, is amended to read as follows:

   Inserted: "(a)(1) Subject to subsection (b), the Secretary concerned may accept, hold, administer, and spend any gift, devise, or bequest of real or personal property made on the condition that it 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 such Secretary.

   Inserted: "(2)(A) Subject to subsection (b), the Secretary concerned may accept, hold, administer, and spend any gift, devise, or bequest of real or personal property made on the condition that it be used for the benefit of members of the armed forces or civilian employees of United States Government, or the dependents or survivors of such members or employees, who are wounded or killed while serving in Operation Iraqi Freedom, Operation Enduring Freedom, or any other military operation or activity, or geographic area, designated by the Secretary of Defense for purposes of this section.

   Inserted: "(B) The Secretary of Defense shall prescribe regulations specifying the conditions that may be attached to a gift, devise, or bequest accepted under this paragraph.

   Inserted: "(C) The authority to accept gifts, devises, or bequests under this paragraph shall expire on December 31, 2007.

   Inserted: "(3) The Secretary concerned may pay all necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest made under this subsection.".

   Inserted: (b) Scope of Authority To Use Accepted Property.--Such section is further amended--

   Inserted: (1) by redesignating subsections (b), (c) and (d) as subsections (c), (d), and (e), respectively; and

   Inserted: (2) by inserting after subsection (a) the following new subsection (b):

   Inserted: "(b)(1) Except as provided in paragraph (2), property accepted under subsection (a) may be used by the Secretary concerned without further specific authorization in law.

   Inserted: "(2) Property accepted under subsection (a) may not be used--

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   Inserted: "(A) if the use of such property in connection with any program, project, or activity would result in the violation of any prohibition or limitation otherwise applicable to such program, project, or activity;

   Inserted: "(B) if the conditions attached to such property are inconsistent with applicable law or regulations;

   Inserted: "(C) if the use of such property would reflect unfavorably on ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out any responsibility or duty of the Department in a fair and objective manner; or

   Inserted: "(D) if the use of such property would compromise the integrity or appearance of integrity of any program of the Department of Defense, or any individual involved in such a program.".

   Inserted: (c) Conforming Amendment.--Subsection (c) of such section, as redesignated by subsection (b)(1) of this section, is further amended in the flush matter following paragraph (4) by striking "benefit or use of the designated institution or organization" and inserting "purposes specified in subsection (a)".

   Inserted: (d) GAO Audits.--Such section is further amended by adding at the end the following new subsection:

   Inserted: "(f) The Comptroller General of the United States shall make periodic audits of real or personal property accepted under subsection (a) 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.".

   Original wording

   At the end of subtitle C of title III, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed