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 au-thorities:

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

(2) 10 USC 2608.

(3) 10 USC 7456.

(4) 10 USC 7772.

(5) Section 2866, Public Law 107-107 (PL 107-107 Section 2866).

(6) 5 USC 7342. 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 or-ganization 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. Statutory and regulatory authorities. This regulation does not pertain to the following statutory and regulatory authorities:

(1) 10 USC 2601a.

(2) 31 USC 1353.

d. General. To the extent that any other AR pertaining to gifts to benefit a particular DA organization provides contrary or otherwise conflicting guidance, AR 1-100 takes precedence pursuant to its establishment of Armywide policy for the Army Gift Program.