scope:

Purpose

a. Gifts to the Army.

This regulation assigns responsibilities and prescribes policy for the acceptance, recording, reporting, and accountability of gifts offered to the Department of the Army (DA) for the benefit of DA organizations and personnel, including non-appropriated fund instrumentalities in accordance with Department of Defense (DOD) Instruction 1015.15 and AR 215-1, pursuant to the following statutory authorities:

(1) Section 2601, Title 10, United States Code (10 USC 2601) (General gift funds).

(2) 10 USC 2608 (Acceptance of contributions for defense programs, projects, and activities; Defense Cooperation Account).

(3) 10 USC 4356 (Use of certain gifts).

(4) 10 USC 4772 (Heritage Center for the National Museum of the United States Army: development and operation).

(5) Section 2866, Public Law 107-107 (PL 107-107 Section 2866) (Development of United States Army and Heritage Education Center at Carlisle Barracks, Pennsylvania).

(6) 5 USC 7342 (Receipt and disposition of foreign gifts and decorations).

b. Gifts to Individuals.

(1) This regulation pertains to foreign gifts offered to individual DA employees, pursuant to 5 USC 7342. Rules for accepting other kinds of gifts offered to individual DA employees are in Part 2635, Title 5, Code of Federal Regulations (5 CFR 2635) and DOD 5500.07-R.

(2) Upon demonstration of amended donor intent, this regulation may be used to consider accepting a gift initially offered to an individual DA employee as a gift to the Army for the benefit of the employee's organization if the gift does not qualify as any of the following:

(a) Foreign gift acceptable under 5 USC 7342.

(b) Gift for direct acceptance acceptable under 10 USC 2601.

(c) Excepted gift to an individual acceptable under 5 CFR 2635 and DOD 5500.07-R.

c. This regulation does not pertain to the following statutory and regulatory authorities:

(1) 10 USC 2601a (Direct acceptance of gifts by members of the Armed Forces and Department of Defense and Coast Guard employees and their families).

(2) 31 USC 1353 (Acceptance of travel and related expenses from non-Federal sources).