The Army Gift Program

1 UNCLASSIFIED army Regulation 1 100 Administration The army gift Program Headquarters Department of the army Washington, DC 7 February 2019 SUMMARY of CHANGE AR 1 100 The army gift Program This expedited revision, dated 7 February 2019 o Provides guidance for fundraising and official endorsements (para 1 7). o Provides guidance for monetary donations left on headstones, monuments, or other places of interest within an army National Military Cemetery (para 2 1a). o Provides an exception to army libraries (para 2 4c). o Identifies the threshold for listing donors in gift packets valued at or above $25,000 (para 2 5). o Identifies record management changes for monetary and nonmonetary gifts (para 2 8c). o Provides guidance for gifts of construction above their acceptance authority (para 2 11). o Increases dollar amount allowed for the United States to accept for the benefit of the National Museum of the United States army or the Heritage Center for the National Museum of the United States army (para 6 1b).

2 O Provides units and groups guidance for the acceptance of gifts from a foreign government (para 8 1b). o Provides guidance for the disposition of a foreign gift (para 8 5). o Identifies requirements to review foundations of army academic institutions websites (para B 4f). o Provides definition of army academic institutions (glossary). *This regulation supersedes AR 1-100, dated 27 July 2015. AR 1 100 7 February 2019 UNCLASSIFIED i Headquarters Department of the army Washington, DC * army Regulation 1 100 7 February 2019 Effective 7 March 2019 Administration The army gift Program History. This publication is an expedited revision. The portions affected by this revi-sion are listed in the summary of change. Summary. This publication pertains to the acceptance, recording, reporting, and accountability of gifts for the benefit of De-partment of the army organizations and personnel pursuant to the following statu-tory authorities: Sections 2601(a), 2601(b), 2608(a), 4356, 4772(d), and 4772(e), Title 10, United States Code; Section 2866(c) and (d), Public Law 107 107; and Section 7342, Title 5, United States Code.

3 Note: This regulation does not pertain to the fol-lowing statutory and regulatory authorities: gifts to certain individual army personnel pursuant to Section 2601a, Title 10, United States Code and reimbursement for certain kinds of travel and travel-related expenses pursuant to Section 1353, Title 31, United States Code. Applicability. This regulation applies to the Regular army , the army National Guard/ army National Guard of the United States, and the army Reserve, unless otherwise stated. It also applies to Depart-ment of the army Civilians. Proponent and exception authority. The proponent of this regulation is the Ad-ministrative Assistant to the Secretary of the army . The proponent has the authority to approve exceptions or waivers to this regulation that are consistent with control-ling law and regulations . The proponent may delegate this approval authority, in writing, to members of the Senior Execu-tive Service within the proponent agency.

4 Activities may request a waiver to this reg-ulation by providing justification that in-cludes a full analysis of the expected bene-fits and must include formal review by the activity s senior legal officer. All waiver re-quests will be endorsed by the commander or senior leader of the requesting activity and forwarded through their higher head-quarters to the policy proponent. Refer to AR 25 30 for specific guidance. army internal control process. This regulation contains internal control provi-sions in accordance with AR 11 2 and identifies key internal controls that must be evaluated (see appendix B). Supplementation. Supplementation of this regulation and establishment of com-mand and local forms are prohibited with-out prior approval from the Administrative Assistant to the Secretary of the army (SAAA EX), 105 army Pentagon, Wash-ington, DC 20310 0105.

5 Suggested improvements. Users are invited to send comments and suggested improvements on DA Form 2028 (Recom-mended Changes to Publications and Blank Forms) directly to the Office of the Admin-istrative Assistant to the Secretary of the army (SAAA EX), 105 army Pentagon, Washington, DC 20310 0105. Distribution. This regulation is available in electronic media only and is intended for the Regular army , the army National Guard/ army National Guard of the United States, and the army Reserve. Contents (Listed by paragraph and page number) Chapter 1 General, page 1 Purpose 1 1, page 1 References and forms 1 2, page 1 Explanation of abbreviations and terms 1 3, page 1 Responsibilities 1 4, page 1 Records management requirements 1 5, page 3 Prohibition of solicitation 1 6, page 3 Fundraising and official and endorsements 1 7, page 3 Chapter 2 General Provisions, page 3 Nature of the gift 2 1, page 3 Nature of the donor 2 2, page 3 Contents Continued ii AR 1 100 7 February 2019 Expenses before acceptance 2 3, page 4 Custodian responsibility 2 4, page 4 Acceptance of a gift 2 5, page 4 Circumstances to decline acceptance 2 6, page 4 Legal review 2 7, page 4 Records 2 8, page 5 Reporting 2 9, page 5 Accountability of gifts 2 10, page 6 Gifts of construction 2 11, page 6 Gifts to benefit museums and museum programs 2 12, page 6 Copyrighted or patented gifts 2 13.

6 Page 6 Testamentary gifts 2 14, page 6 Federal income, estate, and gift taxes 2 15, page 6 Conveyance or transfer of a gift 2 16, page 7 Advertising and publicity 2 17, page 7 Transfer of title 2 18, page 7 Acknowledgment of future gifts 2 19, page 7 Chapter 3 Gifts for the Benefit of army Organizations and Personnel, page 7 Limited gift acceptance authority 3 1, page 7 Offers of money or personal property 3 2, page 8 Offers of real property 3 3, page 9 Offers of services 3 4, page 10 Chapter 4 Gifts for army programs , Projects, and Activities, page 10 Limited gift acceptance authority 4 1, page 10 Offers to contribute to defense programs 4 2, page 10 Chapter 5 Certain Gifts to the United States Military Academy, page 11 Limited gift acceptance authority 5 1, page 11 Acceptance, recording, reporting, and accountability of gifts 5 2, page 11 Chapter 6 Certain Gifts to the National Museum of the United States army and the Heritage Center for the Na-tional Museum of the United States army , page 11 Limited gift acceptance authority 6 1, page 11 Acceptance, recording, reporting, and accountability of gifts 6 2, page 11 Chapter 7 Certain Gifts to the army Heritage and Education Center, page 11 Limited gift acceptance authority 7 1, page 11 Acceptance, recording, reporting, and accountability of gifts 7 2, page 12 Chapter 8 Gifts to army Personnel from Foreign Governments, page 12 Limited gift acceptance authority 8 1, page 12 Foreign government 8 2, page 12 Gifts of minimal value 8 3, page 12 Gifts of more than minimal value 8 4, page 12 Disposition procedures 8 5, page 13 Firearms 8 6, page 14 Enforcement provisions 8 7, page 14 Contents Continued AR 1 100 7 February 2019 iii Appendixes A.

7 References, page 15 B. Internal Control Evaluation, page 18 Figure List Figure 3 1: Sample of a gift offer letter, page 9 Glossary AR 1 100 7 February 2019 1 Chapter 1 General 1 1. Purpose a. Gifts to the army . This regulation assigns responsibilities and prescribes policy for the acceptance, recording, re-porting, 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) Instruc-tion 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).

8 (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 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.

9 (c) Excepted gift to an individual acceptable under 5 CFR 2635 and DOD 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). 1 2. References and forms a. See appendix A. b. 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 . 1 3. Explanation of abbreviations and terms See the glossary. 1 4. Responsibilities a. Secretary of the army . (1) The SECARMY, or his designee, has authority to accept gifts of real property, personal property, money, or services for the benefit of certain army organizations pursuant to 10 USC 2601(a).

10 (2) The SECARMY, or his designee, has authority to solicit certain gifts to benefit an army museum Program pursuant to 10 USC 2601(a)(2)(B). (3) The SECARMY, or his designee, has authority to accept gifts of real property, personal property, money, or services for the benefit of certain members, dependents, and civilian employees pursuant to 10 USC 2601(b). (4) The SECARMY has been delegated authority from the Secretary of Defense to accept gifts of real or personal property for use by the army pursuant to 10 USC 2608 and DOD R. (5) The SECARMY has authority to accept the gift of a facility designated as the Heritage Center for the National Museum of the United States army pursuant to 10 USC 4772(d). (6) The SECARMY may prescribe regulations authorizing specific DA personnel to exercise the following statutory gift acceptance authorities 2 AR 1 100 7 February 2019 (a) The Superintendent, United States Military Academy, pursuant to 10 USC 4356 (see chap 5).