[Title 32 CFR 623]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Chapter V - DEPARTMENT OF THE ARMY]
[Subchapter H - SUPPLIES AND EQUIPMENT]
[Part 623 - LOAN OF ARMY MATERIEL]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE32002-07-012002-07-01falseLOAN OF ARMY MATERIEL623PART 623NATIONAL DEFENSEDEPARTMENT OF THE ARMYSUPPLIES AND EQUIPMENT
PART 623--LOAN OF ARMY MATERIEL--Table of Contents
Sec.
623.1 General.
623.2 Loan policies.
623.3 Submission of requests for loan of Army materiel.
623.4 Accounting procedures.
623.5 Loan of arms and accouterments.
623.6 Reimbursement for loan of Army materiel.
623.7 Reports.
Appendix A to Part 623--Explanation of Terms
Appendix B to to Part 623--Approving Authority Addresses/Telephone
Numbers
Appendix C to Part 623--Agreement for Loan of US Army Materiel (DA Form
4881-R)
Appendix D to Part 623--Certificate for Signature by an Alternate (DA
Form 4881-1-R)
Appendix E to Part 623--Surety Bond (DA Form 4881-3-R)
Appendix F to Part 623--Power of Attorney (DA Form 4881-4-R)
Appendix G to Part 623--Continental US Army Boundaries
Appendix H to Part 623--References
Authority: 10 U.S.C. 2571; 31 U.S.C. 686; 10 U.S.C. 2667.
Source: AR 700-131, 45 FR 62038, Sept. 18, 1980, unless otherwise
noted.
Sec. 623.1 General.
(a) Purpose. This part sets forth policies and procedures for loan
of Army materiel. As used in this regulation, the term ``loan'' includes
a lease.
(b) Applicability. (1) This regulation applies to all Department of
the Army (DA) agencies, commands, installations, and activities.
(2) This regulation applies to the Army National Guard (ARNG) only
when the procedure for the loan of equipment under the procedure of
National Guard Regulation (NGR) 735-12 does not apply.
(3) This regulation does not apply to loans governed by the DOD
Military Assistance and Sales Manual, DOD 5105.38-M.
(4) This regulation does not apply to loans governed by the Defense
Acquisition Regulation (DAR).
(c) Scope. This part outlines when loans of Army materiel may be
made. It gives general procedures for requesting and processing loans,
and sets forth responsibilities, including requirements for
reimbursement.
(d) Explanation of terms. (1) The terms ``loan,'' ``lease'' and
``bailment'' are contractual terms and are frequently used
interchangeably. They have no meaning by themselves. It is necessary to
study the statute to see what is required. Usually, a ``loan'' is
thought of as a short-term transfer of property, sometimes with
reimbursement; a ``lease'' is a more formal transfer, often long-term
and requiring a fair monetary rental; and a ``bailment'' is a loosely-
used term, generally reserved for a delivery of property to another in
trust for the purpose of doing something to the property and then
returning the property to the owner. The term ``issue'' is frequently
used in the sense of a transfer of property which will be consumed in
use. The terms ``gift,'' meaning a permanent transfer of property
without reimbursement, and ``sale,'' meaning a permanent transfer with
reimbursement, are outside the scope of this regulation.
(2) For additional definitions, see appendix A.
(3) The words ``he, him, his'' when used in this publication
represent both the masculine and feminine genders, unless otherwise
specifically stated.
(e) Loan restrictions. (1) Army materiel is not normally used for
other than the Army's primary mission; however, under conditions
described herein materiel not immediately needed to support mission
requirements may be loaned to--
(i) Army and other Department of Defense (DOD) elements.
(ii) Non-DOD Federal departments and agencies.
(iii) Civil governments (State and local).
(iv) Special activities, agencies, and others.
[[Page 479]]
(2) Table 2-1 lists various circumstances where loan of Army
materiel might be requested. It identifies the applicable Federal laws
or other authority which would authorize such loans.
(f) Statutory authorities. There are three basic federal laws which
authorize the loan of Army property. There are also numerous specific
statutes which authorize particular types of loans in limited
situations. Unless there is a reason to use the specific statute, one of
the basic statutes will be used.
(1) The following are the basic statutes:
(i) 10 U.S.C. 2571--Authority for loan of property within DOD.
(ii) 31 U.S.C. 686 (The Economy Act)--Authority for loans to other
Federal departments and agencies.
(iii) 10 U.S.C. 2667 (The Leasing Statute)--Authority for loans/
leases, including leases to activities outside the Federal Government.
(2) Following are some of the specific authorizing statutes:
(i) 10 U.S.C. 331--Federal aid for State governments as result of
insurrection.
(ii) 10 U.S.C. 332--Use of militia and Armed Forces to enforce
federal authority.
(iii) 10 U.S.C. 333--Use of militia or Armed Forces to suppress
interference with state and federal law.
(iv) 10 U.S.C. 2541--Loan of equipment and barracks to national
veterans organizations.
(v) 10 U.S.C. 2542--Loan of equipment to the American National Red
Cross for instruction and practice.
(vi) 10 U.S.C. 2543--Loan of equipment to US Presidential Inaugural
Committee.
(vii) 10 U.S.C. 2544--Loan of equipment and services to the Boy
Scouts of America, for national and world jamborees.
(viii) 10 U.S.C. 2572--(See AR 870-20.) Loan of books, manuscripts,
works of art, drawings, plans, models, and condemned or obsolete combat
materiel not needed to--
(A) A municipal corporation.
(B) A soldiers monument association.
(C) A state museum.
(D) A nonprofit incorporated museum.
(E) Posts of Veterans of Foreign Wars of the USA.
(F) American Legion Posts.
(G) A local unit of any other recognized war veterans association.
(H) A post of the Sons of Veterans Reserve.
(ix) 10 U.S.C. 4308--Establishment and support of civilian rifle
ranges.
(x) 10 U.S.C. 4311--Issue of rifles and ammunition for conducting
rifle instruction and practice.
(xi) 10 U.S.C. 4651--Issue of arms, tentage, and equipment to
support educational institutions that do not have ROTC but maintain a
course in military training prescribed by the Secretary of the Army.
(xii) 10 U.S.C. 4652--Loan of rifles and issue ammunition for target
practice to educational institutions having corps of cadets.
(xiii) 10 U.S.C. 4653--Issue of ordnance and ordnance stores to
District of Columbia high schools.
(xiv) 10 U.S.C. 4654--Issue of quartermaster supplies at educational
institutions that maintain a camp for military instruction of its
students.
(xv) 10 U.S.C. 4655--Loan of arms and issue ammunition to other
agencies and departments of the US Government.
(xvi) 10 U.S.C. 4656--Loan of aircraft and ancillary equipment to
accredited aviation schools at which DA or Air Force personnel pursue
courses of instruction.
(xvii) 10 U.S.C. 4683--Loan of obsolete or condemned rifles and
accouterments to local units of recognized national veterans
organizations for certain ceremonial purposes.
(xviii) 10 U.S.C. 4685--Loan of obsolete ordnance to educational
institutions and state soldiers and sailors orphans' homes for purpose
of drill and instruction.
(xix) 32 U.S.C. 702--Issue of supplies to State National Guard.
(xx) 33 U.S.C. 701n (Pub. L. 84-99 as amended)--Flood emergency
preparation; emergency supplies of drinking water.
(xxi) 33 U.S.C. 1251 et seq (Pub. L. 92-500)--Federal Water
Pollution Control Act.
[[Page 480]]
(xxii) 42 U.S.C. 5121 et seq (Pub. L. 93-288)--Disaster Relief Act.
(3) Other statutory guidance:
(i) 10 U.S.C. 4307--Authorizes the establishment of a Director of
Civilian Markmanship (DCM).
(ii) 18 U.S.C. 1385--Unlawful use of Armed Forces in local law
enforcement.
(iii) 18 U.S.C. 3056 (as amended by Pub. L. 91-651)--Powers and
duties of Secret Service.
(g) Responsibilities. (1) The Commanding General (CG), US Army
Materiel Development and Readiness Command (DARCOM), through the
Materiel Readiness Commands' (MRC) commanders, is responsible for loans
of materiel controlled by DARCOM wholesale supply points.
(2) Major Army commands (MACOM) CGs and commanders in chief (CINCs)
of unified commands (UCOMs) are responsible for loans of materiel from
supporting units and installations.
(3) The Director of Military Support, Office of the Deputy Chief of
Staff for Operations (ODCSOPS), is the DOD point of contact for the
Federal Disaster Assistance Administration (FDAA), other Federal
agencies, and the National Red Cross in disaster assistance matters.
Sec. 623.2 Loan policies.
(a) Loan and approval policy--(1) Basic policies. (i) Materiel is
not loaned to non-DOD activities as a routine procedure. However,
materiel in the Army inventory is available for loan for special
purposes if approved. Approving authorities are listed in table 2-1;
their addresses are in appendix B.
(ii) Loans will be approved or disapproved based on the purpose,
duration of the loan, and consideration of the following factors which
can take precedence over any loan.
(A) Military requirements and priorities.
(B) Continuity of military operations, troop survival, and the
rehabilitation of essential military bases.
(C) Stocks and programed Army requirements. This includes
prepositioned mobilization reserve stocks.
(D) Type classification with pending changes.
(E) Minimum diversion of Army stocks.
(F) The adequacy of the borrower's resources. Requesters will be
encouraged to use their own resources.
(iii) Loan requests from civilian authorities or activities will
normally enter Army channels at the installation or MACOM levels. If on-
post or off-post units receive loan requests, they will refer them to
unit's supporting installation commander at once. Emergency loan
requests will be relayed by telephone or electrically transmitted
message.
(iv) When routine handling of a loan request would result in loss of
human life, grave bodily harm, or major destruction of property, and
when the lack of communication facilities prevents use of normal
procedures, loans otherwise permitted by this regulation can be made
with local approval. However, normal policy should be followed to the
extent possible. If procedural requirements cannot be fully complied
with, they must be met as soon as possible after the loan is made.
(v) Army materiel loaned under this part will be delivered to
borrower ``as is, where is'' available.
(vi) Stocks of the least serviceable condition which are still
suitable for the loan's purpose will be used. Logistic control code
``C'' materiel will be loaned before logistic control code ``B''
materiel. Logistic control code ``B'' materiel will be loaned before
logistic control code ``A'' materiel. (Ref chap 9, AR 708-1.)
(vii) Commanders of medical treatment facilities (MTF) are subject
to all the requirements of this regulation, including the requirement
for reimbursement. However, in accordance with AR 360-61 which
implements DOD Instruction 5410.19,
(A) Emergency loans of medical supplies (drugs, vaccines, etc.) may
not be made without reimbursement, but the loan may not exceed 30 days
and the medical supplies must be replaced in kind by the borrowing
agency or activity; and
(B) Emergency loans of medical equipment not to exceed 15 days may
be made without reimbursement if it is the practice in the community for
other hospitals to make such loans.
[[Page 481]]
Equipment loans which exceed 15 days must be approved, in writing, by
the MACOM commander and are subject to all the requirements of 10 U.S.C.
2667, including reimbursement.
(viii) Army property loaned to non-DOD activities will not be
further loaned without approval of the original approving authority.
(ix) There will be no procurement or redistribution of assets to
offset the effects of loans. Material will not be set aside, earmarked,
assembled, or stockpiled to be available for use related to loans.
(x) Army materiel may be recalled from the borrower at any time to
meet Army requirements.
(xi) Stock record accounting and financial transactions for loans
will conform with existing regulations.
(xii) Borrowers are responsible for the care, custody, and proper
use of materiel borrowed. Except as stated in this regulation,
reimbursement will be required for damage, destruction, loss, fair
depreciation in value, and for any Army repair, care, transportation,
preservation, and protection of loaned equipment.
(xiii) Care, renovation, and repair of borrowed materiel will
conform with the loan agreement.
(xiv) As indicated below, borrowers must provide signed loan
agreements, provide surety bonds, and vehicular insurance prior to
receipt of materiel. Loan agreements and bonds will be prepared in
accordance with paragraphs (b) and (c) of this section.
------------------------------------------------------------------------
Loan Vehicular
Borrower agreement Surety bond insurance
required required required
------------------------------------------------------------------------
Army or other DOD activities.. No \1\...... No.......... No.
Non-DOD Federal departments Yes......... No.......... No.
and Agencies.
Civil Authorities (State and Yes......... Yes \2\..... Yes.\2\
Local Governments).
Civilian Activities (veterans' Yes......... Yes......... Yes.
organizations, youth groups,
etc.).
------------------------------------------------------------------------
\1\ A hand receipt or other document assigning responsibility will
suffice.
\2\ In emergency disaster relief cases, bonds and insurance may be
provided after receipt of the materiel. (See paragraph (a)(4) of this
section.)
(2) Loans to DOD organizations. Army materiel may be loaned to DOD
activities for projects, programs, and mission requirements that support
basic functions of the borrowing activity. Examples are field exercises,
maneuvers, training exercises, including annual training (AT) of Reserve
Components, and research development, test, and evaluation (RDTE).
(i) Loans of major end items belonging to MACOMs are approved by
MACOM or UCOM commanders. Loans of materiel other than major end items
are approved at commander/installation level.
(ii) Loans of materiel belonging to DARCOM (wholesale level) are
approved as follows:
(A) Materiels other than major end items. By the director or deputy
director of an MRC.
(B) All other items. By HQ DARCOM or commanders of MRCs unless loan
would interfere with issue against DA Master Priority List (DAMPL)
priorities, then by HQDA ODCSLOG (DALO-SMD).
(3) Loans to federal departments/agencies. Loans to Federal
activities outside the DOD are usually provided under provisions of the
Economy Act, 31 U.S.C. 686. Federal agencies borrowing DOD materiel
using the provisions of this act are responsible for reimbursing the DOD
for all DOD costs incident to the delivery, return, and repair of the
materiel. The borrower is also responsible for reimbursing the DOD for
depreciation if the depreciation cost is significant.
(4) Disaster relief.
(i) CONUS/OCONUS.
(A) In disaster situations local civil authorities must provide
relief from their own resources. If this is not sufficient, and the
American National Red Cross has a team at the disaster, requests for
further assistance should be made to them. If the President has declared
a major disaster or emergency, requests should be made to the regional
director of the Federal Disaster Assistance Administration (FDAA). (See
AR 500-60 for guidance.)
(B) The commanding General, US Army Forces Command (FORSCOM), acting
for the Secretary of the Army (SA), is responsible for Army materiel
support of disaster relief operations
[[Page 482]]
within the United States and the District of Columbia. UCOMs are
responsible for disaster relief operations in US possessions and trust
territories. These commanders are authorized to task DOD agencies and
commands, consistent with defense priorities, to provide materiel in
support of operations. A military representative will be appointed by
the appropriate command to act as the DOD point of contact with the
Housing and Urban Development (HUD) Federal Coordinating Officer (FCO)
when military assistance is required during a Presidential declared
disaster or emergency. When a disaster or emergency is of such
magnitude, the disaster area may be geographically subdivided. A
military representative will then be appointed for each FCO. All
requests for military assistance will be passed through the FCO to the
DOD military representative at the disaster area.
(C) The Director of Military Support (ODCSOPS), HQDA, acts at the
DOD point of contact for the Administrator, FDAA, other Federal
agencies, and the American National Red Cross in all disaster assistance
matters.
(ii) Foreign. (A) The Department of State is responsible for
deciding when emergency foreign disaster relief operations will be
undertaken. This authority is delegated to Chiefs of Diplomatic Missions
for disaster relief operations whose total costs will not exceed
$25,000.
(B) Send queries on foreign disaster relief to HQDA (DAMO-ODS) (para
4, app B).
(5) Civil disturbances. The maintenance of law and order is
primarily the responsibility of local and state authorities. In civil
disturbance situations, a basic goal of the Federal Government is to
minimize the involvement of active military forces. One of the most
effective means of keeping Federal forces off the streets is to loan US
Army civil disturbance type equipment to Federal, State, and local law
enforcement agencies and also to the National Guard. (For specific
guidance see AR 500-50.)
(i) Requests for loan of Army materiel during or for expected civil
disturbances are of three types with approval authority as follows:
(A) Group one. Arms, ammunition, tank-automotive equipment, and
aircraft. Loans will be approved by the SA or his designee.
(B) Group two. Riot control agents, concertina wire, and similar
military equipment which is not included in group one. Loans will be
approved by the SA (or his designee), or by an Army task force commander
employed at an objective are during a civil disturbance.
(C) Group three. Protective equipment such as masks and helmets;
body armor vests; other equipment not included in group one or two such
as clothing, communications equipment, and searchlights; and the use of
DOD facilities. Such loans will be approved by the SA (or his designee);
by MACOMs; by the CGs of CONUS armies, MDW, and by commanders of UCOMs
outside CONUS as applicable. (NOTE: Firefighting equipment will not be
used for riot control).
(ii) Queries concerning loans in support of civil disturbances will
be forwarded to the Director of Military Support, HQDA(DAMO-ODS), WASH
DC 20310. (See app B.)
(6) Terrorism. (i) The Department of the Army is the DOD Executive
Agent for support to the FBI in combating terrorism. Existing civil
disturbance loan procedures, including categories of equipment, apply to
equipment loans to the FBI for combating terrorism. Military resources
will be provided only upon request of the Director, FBI, or the Senior
FBI official present at the scene of a terrorist incident. It may be
difficult in some situations to determine whether a practical incident
fits the definition of terrrorism. In these cases, commanders are
authorized to accept the judgment of the FBI official making the request
if it is supported by the available facts. (See para 3, table 2-1.)
(ii) For requests from the FBI in connection with terrorist
incidents, any commander in the chain of command down to and including
commanders of military installations are authorized to approve loans of
group two and group three resources. (See paragraphs (a)(4)(1) (B) and
(C) of this section.) Requests for equipment which involve
[[Page 483]]
technical/operating personnel, excluding fire-fighting equipment and
explosive ordnance disposal, will be processed as a group one resource.
For example, approval authority is retained by the DOD Executive Agent.
(7) Aircraft piracy. Assistance to other federal agencies in the
protection of airways is provided through loans under guidance in
paragraph 3, table 2-1. Specific limitations on such support are covered
in AR 500-1.
(8) Loan/lease to activities outside the Federal Government. Title
10, U.S.C. 2667, authorizes the lease of Army materiel to non-DOD
departments, agencies, activities, or individuals when it is determined
that the materiel is not, for the period of the lease, needed for public
use, is not excess property, and that the loan will promote the national
defense or be in the public interest, (See AR 360-61.) Such a lease must
not be for more than 1 year (or be renewed/extended for a total period
of more than 5 years); it must provide that the lessee will pay a fair
monetary rental. The fair monetary rental will be determined on the
basis of prevailing commercial rates or computed according to sound
commercial accounting practices for the fixing of rental on such
property. This will include a return on capital investment and
administrative cost as well as depreciation. The delegation of authority
to lease is SAOSA-71-6, paragraph 1-5103, ADARS, the prescribed lease
agreement is at paragraph 16-553, ADARS.
(b) Loan agreements. (1) Upon approval of a loan request and before
shipment or issue of the materiel, the approving authority will complete
a written loan agreement, DA Form 4881-R. In all cases, the statutory
basis for the loan will be cited. The approving authority is acting for
the DOD on loans to other Federal agencies, and for the United States on
loans to civil authorities and special activities. The agreement will be
signed by the approving authority and the borrowing activity. When
emergency loans have been made as authorized by this AR, follow-up
action will be taken at once to formalize the loan by completing a loan
agreement.
(2) Loan agreements are mutually developed by the approving
authority and the chief of the borrowing activity (or their designees).
The agreements identify the responsibilities of all parties. They
include terms and conditions of the loan. Appendix C illustrates a
sample loan agreement, DA Form 4881-R (Agreement for the Loan of US Army
Materiel), and specifies what the loan agreements will stipulate and
contain. Also illustrated at appendix C is DA Form 4881-2-R, which will
be completed and appended to the loan agreement as ``Exhibit I.''
(3) Loan agreements will be held by the approving authority until
termination and final settlement of each loan.
(4) If the loan agreement is signed by someone other than the chief
borrowing official, than a Certificate for Signature by an Alternate
will be completed. (See appendix D for DA Form 4881-1-R.) It will be
attached to the signed (by the borrower) copy of the agreement that is
retained by the approving authority. DA Forms 4881-R, 4881-1-R, and
4881-2-R are reproduced locally on 8\1/2\ by 11-inch paper.
(c) Surety bonds. (1) Some borrowers of Army materiel must post a
surety bond. (See table 2-1 and DA Form 4881-3-R at app E.) Bonds ensure
safe return of the borrowed materiel or reimbursement for any loss of or
damage to the materiel. The bond will consist of --
(i) A properly executed surety bond with a certified bank check,
cash, or negotiable US Treasury bonds, or
(ii) Notice of bond by a reputable bonding company deposited with
the approving authority for the loan. Bonds will equal the total price
of the borrowed items as shown in exhibit I to the loan agreement (app
C, DA Form 4881-R). A ``double'' bond (bond equal to twice the value of
the borrowed item(s)) will be required--
(A) For Army materiel loaned to the Red Cross for instruction and
practice to aid the Army, Navy, or Air Force in time of war (10 U.S.C.
2542).
(B) For ordnance and ordnance stores loaned to high schools in the
District of Columbia (10 U.S.C. 4653).
(2) The bond need not be posted by the borrowing agency itself. The
source or originating agency for the bond is immaterial if the bond is
valid. For example, to secure a loan, a State may
[[Page 484]]
post bond on behalf of a city, county, or other governmental body or
authority within the State.
(3) In an emergency, when posting a bond would delay approval of an
urgent loan request and when the total price is less than $1,000, the
approval authority may approve the request. The approval is on the
condition that the bond be posted within 5 days.
(4) Bond forfeitures or exceptions to mandatory forfeitures can only
be made with the concurrence of the Secretary of the Army. Forfeitures
will be based on actual expense incurred. Forfeitures do not release the
borrowing agency from returning borrowed materiel or affect ownership.
Bonds are normally forfeited under the following conditions:
(i) Materiel is not returned at the termination of a loan period or
when return has been directed by the Army.
(ii) The borrowing agent refuses to pay for damages or other Army
expenses.
(5) Surety bonds will be held by the approving authority until the
loan is terminated and final settlement is made. At that time, the bond
will be returned to the borrower.
(6) If US treasury bonds are posted as surety bond, the borrower
must execute a power of attorney (DA Form 4481-4-R, app F). This will
enable cashing of the treasury bonds if some forfeiture is required. DA
Form 4881-3-R (Surety Bond) and DA Form 4881-4-R (Power of Attorney)
will be reproduced locally on 8\1/2\ by 11-inch paper.
(d) Loan duration. (1) Loan periods and extensions will be shown in
table 2-2.
(2) Materiel will be loaned only for the number of days needed for
the specific purpose for which borrowed. Loan extensions must be
justified. The reason(s) why other means or other than Army materiel
cannot be used must be included. Approval of loan extensions will be
based on the merit of the reasons given.
(3) Loan extensions authorized beyond 1 year will not be approved
unless the lender of the loaned materiel has inspected and inventoried
the materiel to insure completeness and serviceability.
(e) Types of DA materiel available for loan. Examples of types of
items that may be loaned, and examples of the types of organizations
that may borrow Army materiel, are listed in table 2-1. Most loans will
be nonexpendable items or expendable items not forecast to be consumed
(durable items). Expendable items (e.g., expendability code X) will not
be loaned unless approved as an exception.
[[Page 485]]
Table 2-1--Loan Authority and Purpose
[See footnotes at end of table]
----------------------------------------------------------------------------------------------------------------
Examples of materiel
Requester Authority and guidance Normal approving authority authorized
----------------------------------------------------------------------------------------------------------------
1. DOD Activities........... 10 U.S.C. 2571.......... Secretary of the Army (or Materiel, supplies, and
designee). equipment.
2. Department of Agriculture 31 U.S.C. 686; Memo of Secretary of the Army (or Communications,
(U.S. Forest Service) Understanding (MOU), designee). earthmoving, and
protection against wildfire Apr. 24, 1975; AR 500- vehicular equipment.
\2\ (see AR 500-60 for 60.
guidance) \3\.
Avalanche Control \3\... 10 U.S.C. 4655; 31 Secretary of the Army (or Communications,
U.S.C. 686; AR 735-5; designee). howitzers, etc.
MOU Nov. 29, 1973.
3. Department of Justice 10 U.S.C. 331; 10 U.S.C. .............................. Transport aircraft,\1\
(FBI). 332; 10 U.S.C. 333. helicopters, flares,
parachutes,
communications
equipment, arms,
vehicles, etc.
Aircraft Piracy \1\ (see 10 U.S.C. 4655; 18 DOD General Counsel \1\ or
AR 500-1 for guidance). U.S.C. 1385; 31 U.S.C. designee; in urgent cases,
686; DODD 3025.12; AR Deputy Director for
500-1. Operations, NMCC.
Terrorism \2\............. AR 500-50............... See item 7 below for \2\ See item 8 below for \2\
approval authority by classification
equipment classification. equipment.
Drug Enforcement Agency 31 U.S.C. 686; AR 735-5, Asst SECDEF (or designee)..... Same as above.
\1\. par. 1-16; CSR 1-25.
4. Treasury Department (U.S. 18 U.S.C. 3056; 31 Asst SECDEF (or designee); Mil Same as above.
Custom Service) (U.S. U.S.C. 686; AR 735-5, Asst to the President;
Secret Service) \1\. par. 1-16; DODD followed by the Spec Asst to
3025.13; DODI 5030.34; the SECDEF; (overseas) CINC,
AR 1-4. UCOM's.
5. National Guard Equipment AR 735-5; 10 U.S.C. 2571 Secretary of the Army HQDA; CG Material, supplies, and
(loan to NG). FORSCOM; DARCOM. equipment.
6. Other Federal agencies 31 U.S.C. 686; AR 735-5; Spec Asst SECDEF; Secretary of Material, supplies, and
emergency support \1\ to AR 1-35; AR 500-60; the Army. equipment for flood
Federal agencies (see AR 1- DODD 4000.19. fighting, rescue
35 and AR 500-60 for operations, repair/
guidance). restoration of flood
control works, or
hurricane flood
protection works.
Support to FPA/GSA AR 15-17; DODD 5100.74; HQDA; CG FORSCOM; CG CONUSA... Transportation,
Regional Field Boards \2\ OEP Civ 8500.6. emergency power and
(see AR 15-17 for fuel.
guidance).
Support to Inaugural 10 U.S.C. 2543.......... SECDEF........................ Tents, flags, litters,
Committee. ambulances, drivers,
hospital furniture,
camp appliances.
7. Support for Search and AR 500-2; FM 20-150; AR CG FORSCOM; GC CONUSA......... Search craft and crews.
Rescue. 525-90.
[[Page 486]]
8. Civil Authorities Civil 42 U.S.C. 5121 et seq.; Group One: DOD Executive Agent Group One: Arms,
Disturbance \2\ (see AR 500- 10 U.S.C. 331; DODD or designee. ammunition, tank-
50 for guidance). 3025.12; AR 500-50; AR automotive equipment,
350-7; DACD Plan; and aircraft.
Garden Plot.
Group Two: DOD Executive Agent Group Two: Riot control
or designee, or task force agents, concertina
command at objective area wire, and other like
during the civil disturbance. military equipment to
be employed in control
of civil disturbances.
...................... Group Three: DOD Executive Group Three:
Agent or designee; CG MDW; CG Firefighting resources,
CONUSA; and CINC's UCOM's, equipment of a
OCONUS. protective nature
(masks, helmets, body
armor vests) and use of
Army facilities.
Disaster Relief \2\....... 42 U.S.C. 5121 et seq.; CG FORSCOM; CG DARCOM for Same as 6 above.
DODD 3025.1; AR 500-60 DARCOM stocks; and CINC's,
and AR 930-5; DODD UCOM's, OCONUS.
5100.46.
Civil Defense............. DODD 3025.10; AR 500-70. CG FORSCOM.................... Personnel, facilities,
equipment, supplies,
and services.
American National Red MOU between DOD and HQDA; The Adjutant General Personnel, equipment,
Cross for support of Army ANRC, June 24, 1975. (DAAG-ASO-R). office space,
units in support of local equipment, supplies;
civil government disaster and custodial, utility,
relief. maintenance, and
communication services.
9. Environmental Protection 33 U.S.C. 1251 et seq.; Same as disaster relief....... Personnel, facilities,
Agency and U.S. Coast Guard DODD 5030-41; AR 500-60. supplies, equipment,
(oil and hazardous and transportation.
substances pollution
spills).
10. Boy and Girl Scouts of 10 U.S.C. 2544; AR 725- MACOM CG on behalf of CG Bedding, cots, chairs,
America (world or national 1, ch. 7. DARCOM. vehicles, buildings,
jamborees) \3\. etc.
11. Civilian Marksmanship 10 U.S.C. 4308, 4311, Secretary of the Army (or Arms and accouterments.
Program (Clubs and Schools) 4651, 4652, 4653, 4685; designee).
\3\. AR 920-15; AR 920-20.
12. Community Relations and AR 28-19; AR 360-61; 42 Installation commanders....... Equipment or buildings
Domestic Action Programs U.S.C. 2701. which may aid in
\1\ (Youth Conservation instruction to the
Corps). disadvantaged.
13. Veterans Organizations 10 U.S.C. 2541.......... MACOM CG and CG CONUSA........ Cots, bedding, chairs,
(State and National tents, mattresses,
Conventions) \3\. pillows, unoccupied
barracks, etc.
[[Page 487]]
Burial Ceremonies......... 10 U.S.C. 4683.......... Secretary of the Army......... Obsolete rifles.
14. Armies of the United 10 U.S.C. 2667; AR 34-1. CG DARCOM (those for equip Equipment.
Kingdom, Canada, and valued over $100,000 and
Australia (Standardization those not favorably
Program). considered by DARCOM will be
referred to the DCSRDA, HQDA,
for approval).
15. Aid to District of DODD 5030.46; CSR 500-4. Secretary of the Army (or Communications,
Columbia Government in designee). vehicles, aircraft,
Combating Crime \2\. arms, etc.
16. Departments, agencies, 10 U.S.C. 2667; SAOSA-71- Heads of Procuring Activity... Army property, not
municipalities, 6, par. 1-5103, ADARS. excess requirements,
organizations, activities, but not needed for
and individuals. period of lease. (See
delegation of
authority.)
17. Red Cross (Aid to DOD in 10 U.S.C. 2602; AR 930-5 DAAG.......................... Office space, supplies
time of war). and equipment;
uniforms.
18. Army Flying Clubs....... AR 230-1; DODD 1330.2... DAAG; CG FORSCOM.............. Army aircraft.
19. Civilian Activities..... 10 U.S.C. 2572; AR 870- Chief, Military History....... Historical properties
15; AR 870-20. and military art.
20. Civilian Educational 10 U.S.C. 4654.......... Secretary of the Army......... Quartermaster supplies.
Institutions.
----------------------------------------------------------------------------------------------------------------
\1\ DA DCSOPS, Director of Military Support, has responsibility for these staff functions.
\2\ DA DCSOPS, Director of Military Support, has responsibility for these executive agent functions. (See app. A
for definition of this term.)
\3\ DA DCSLOG, Director of Supply and Maintenance, has responsibility for these staff functions.
Table 2-2--Loan Periods
----------------------------------------------------------------------------------------------------------------
Loan periods \1\
Borrower/purpose Initial extension
----------------------------------------------------------------------------------------------------------------
1. DOD Activities............... As needed for mission accomplishment.................. As needed for mission
accomplishment.
2. Army National Guard (loan of For minimum essential period as determined by For minimum essential
equipment). requirements. period as determined
by requirements.
3. Department of Agriculture 90 days............................................... 90 days.
(U.S. Forest Service)
(protection against wildfire).
4. Department of Justice (FBI) For minimum essential period.......................... For minimum essential
(Aircraft piracy). period.
(Drug Enforcement Agency)..... 1 year or less as determined by requirements.......... 1 year or less.
5. Treasury Department (U.S. 1 year or less as determined by requirements.......... 1 year or less.
Customs Service).
(U.S. Secret Service)......... For minimum essential period as determined by For minimum essential
requirements. period as determined
by requirements.
6. Environmental Protection For duration of requirements..........................
Agency/U.S. Coast Guard.
[[Page 488]]
7. Other Federal Agencies....... For minimum essential period.......................... 1 year.
8. Civil Agencies (Civil 15 days during actual disorder........................ 15 days.
disturbances) Type I.
Type II....................... 90 days in anticipation of a disorder................. 90 days.
(Disaster relief)............. For minimum essential period, no extension for use
during rehabilitation unless requested by the FDAA.
9. Boy and Girl Scouts of For duration of ``Jamboree'' plus period en route to
America (World or National or return from Jamborees.
Jamborees).
10. Civilian Marksmanship (Clubs 1 year................................................ 1 year.
and Schools).
11. Civilian Community As justified by local requesters......................
(Relations and Domestic Action
Programs).
12. American National Red Cross Same as above for duration of requirements (office Same as above.
for support of Army units in equipment).
support of local civil
Government disaster relief.
13. Veterans' Organizations..... 15 days............................................... 15 days.
14. To Armies of the United 1 year or less as determined by requirements.......... As negotiated.
Kingdom, Canada, and Australia
(Standardization Program).
15. Civilian Organizations:
a. Arms and accouterments..... 1 year or less as determined by requirements.......... 1 year.
b. DLA stock fund items....... 120 days.............................................. 30 days.
c. Medical equipment.......... 15 days............................................... As negotiated.
d. Medical supplies (drugs, 30 days............................................... As negotiated.
vaccines, etc. must be
replaced in kind).
e. All other items............ Requester justification............................... As negotiated.
16. DA materiel provided under 1 year................................................ 1 year.
10 U.S.C. 2667.
----------------------------------------------------------------------------------------------------------------
\1\ All extensions or loan renewals which extends the overall loan period beyond 1 year must be approved by the
Secretary of the Army (or designee).
[[Page 489]]
Sec. 623.3 Submission of requests for loan of Army materiel.
(a) General. (1) Loan requests will be expedited according to the
situation's urgency. A situation may be so serious that waiting for
instructions or approval from a higher authority is unwarranted.
Commanders will then take action as required to save human life, prevent
human suffering, or reduce property damage or destruction. (See
Sec. 623.2(b)(1).) Such emergency actions will be reported at once to
higher authority according to Sec. 623.7.
(2) Requests to the US Army for loan, or loan extension, will be
promptly sent by the Army element that received the request through
channels to the approving authority shown in table 2-1 or as specified
in appropriate regulations.
(3) Loan requests will be made by the head of the Federal agency,
civil authority, or civilian activity desiring the materiel. An
exception is that requests from the Federal Disaster Assistance
Administration (FDAA) will normally be initiated by an FDAA regional
director rather than by the administrator. The requests should be made
directly to the approving authorities shown in table 2-1.
(b) The Army National Guard (ARNG). Loan requests for property
belonging to ARNG will be made under National Guard Regulation 735-12.
(See para 5, table 2-1.)
(c) General Procedures. (1) DOD activities. DOD activities will
borrow Army materiel as follows:
(i) Requests will be made in writing citing--
(A) Detailed justification for loan to include urgency of need.
(B) Duration of loan.
(C) Funds to defray transportation and handling.
(D) Serviceability requirements.
(ii) Approving authority involved will--
(A) Forward a loan agreement to requester. Loan agreements within
DOD will often consist of letter requests, approving endorsements, and
materiel issue document (DD 1348-1) transferring temporary
accountability. Between units and activities, a hand receipt may be used
as the loan agreement.
(B) Furnish positive identification of item to be loaned.
(C) Provide instructions for delivery of equipment.
(iii) DOD recipient of loaned Army materiel will--
(A) Forward accepted loan agreement to approving authority (all
actions can be accomplished by electrically transmitted messages).
(B) Provide geographic location of equipment and specific activity
that is responsible for care and preservation of loaned equipment.
(C) Return equipment to Army in condition received with normal
allowance for fair wear and tear.
(2) Non-DOD activities. Non-DOD activities, including Federal
agencies will request loan of Army materiel as follows:
(i) Non-DOD activities, and agencies, will send routine requests by
letter 45 days before the materiel is required. Federal agencies may use
Standard Form 344 (Multiuse Standard Requisitioning/Issue System
Document). Requests will include the following:
(A) The DA approving authority. See table 2-1.
(B) Date request is submitted.
(C) Title of requesting agency and/or person authorized to receive
or pick up the borrowed materiel. Be specific; e.g., Special Agent in
Charge John Doe, FBI, Anytown, USA, (telephone number with area code)
123-456-7890.
(D) Type of loan; e.g., Boy Scout National Jamboree, American Legion
Convention, etc. (with a short summary of circumstances).
(E) Statement that none of the requested materiel is internally
available to the requesting activity.
(F) Statement that this support is not reasonably available from
local government or commercial sources.
(G) Authority for the loan (if known); e.g., public law, US code,
executive order, etc. See table 2-1.
(H) Positive identification of the type and quantity of items
required. If national stock numbers and nomenclature are not available,
identify the items needed by type, model, size, capacity, caliber, etc.
(I) Geographic location where the materiel will be located and used.
(J) Proposed duration of the loan.
[[Page 490]]
(K) Statement that the agency has, or will ensure capability to
properly operate, maintain, secure, and care for the borrowed materiel.
(L) If firearms are requested, a statement that adequate facilities
are available to secure the arms. See Sec. 623.5(a)(4).
(M) A statement that the borrowing activity will assume all
responsibilities, liabilities, and costs related to the movement, use,
care, security, loss, damage, and repair of the loaned materiel.
(N) Citation of funds to cover reimbursable costs. Also, a statement
that an adequate bond will be provided, if required.
(O) A statement that the loan agreement prepared by the Army will be
signed by the ``responsible official'' of the borrowing activity (or
designee).
(P) Name, address, and telephone number of the person who will serve
as the point of contact for the requesting agency, authority, or
activity.
(Q) Complete instructions for delivery of the equipment to ensure
that shipping instructions in the request are consistent with the
urgency of the situation. State whether a small quantity shipped by air,
express, or other fast means will satisfy immediate needs until bulk
shipments can arrive. Also state quantity immediately required.
(R) If applicable, the number of persons to be accommodated.
(ii) Urgent requests may be made to meet expected or actual
emergencies. Such requests may be made by telephone or by electrically
transmitted message. Include information required in paragraphs
(c)(2)(i) (A) through (R) of this section to the extent possible. The
request will be presented to the approving authority. The borrower will
then send a complete written request to formalize the emergency request.
(iii) If approval of the loan is granted, approving authorities will
contact accountable property officers at CONUS installations (equivalent
level overseas), or MRC item managers to determine which items are
available. Installation requests to MRCs will state that the
installation resources could not meet the loan requirements.
Availability decisions will be based on normal management criteria
including past and anticipated demand, asset balances, order-ship time,
repair rate and repair cycles, and procurement schedules. If requested
items are available and approved for issue, the approving authority (or
designee) will--
(A) Negotiate and agreement;
(B) Obtain surety bond from the borrower when required;
(C) Provide reproduced copies of the signed documents to the
appropriate accountable property office along with authorization to make
the loan.
(iv) Approving authorities will maintain a system of numerical
control for all loans. The accountable property officer will enter this
number on all transaction documents related to each specific loan to
include requisition, issue, shipping, turn-in, and financial documents.
(3) The US Secret Service (USSS).
(i) Army regulation 1-4 provides policies and procedures for Army
support to the Secret Service. Support will be provided only on the
request of the Director, United States Secret Service or his authorized
representative. It will be provided only to assist the United State
Secret Service in performance of its statutory protective functions.
(ii) Routine requests are sent by the United States Secret Service
direct to the Office of the Special Assistant to the SECDEF for
approval. Approved requests involving Army resources are tasked through
HQDA (DAMO-ODS) to the proper command. Approved requests for resources
of other Services are tasked direct to the proper Service.
(iii) Approved requests for resources to be used in oversea areas
(regardless of Service) will be passed from the Office of the Special
Assistant to the SECDEF to the Joint Chiefs of Staff (JCS) for tasking
of the proper unified command.
(iv) In urgent situations, the United States Secret Service may
request military resources from the nearest military commander who is
authorized to take action consistent with the urgency. As soon as
possible, they will seek guidance/approval through command channels to
the approval authority (Spec Asst to the SECDEF).
(4) Drug and narcotics interdiction activities. All non-DOD Federal
agencies requesting DOD resource in support of
[[Page 491]]
drug or narcotics interdiction activities should send requests through
their headquarters to DOD, ATTN: Deputy Assistant SECDEF (Program
Management), WASH DC 20314. Concurrently, information pertaining to the
request should be sent to HQDA (DAMO-ODS) (para 4, app B), or relayed by
telephone (AUTOVON 225-2003 or the Army Operations Center 851-1800
during nonduty hours). The Deputy Assistant SECDEF will pass approved
request to HQDA (DAMO-ODS), through the Office, Under Secretary of the
Army, for determination of availability and readiness impact. If
approved by the Under Secretary of the Army, ODCSOPS (DAMO-ODS) will
task the proper MACOM to provide support. Requests for extension or
changes to agreements will be processed as noted in tables 2-1, 2-2 and
paragraph (a)(2) of this section.
(5) The Federal Bureau of Investigation. (i) Requests for aircraft
piracy assistance, received from Federal authorities by Army field
commands or activities, will be forwarded through command channels by
telephone (confirmed by electrically transmitted message) to the
Military Support Division, ODCSOPS (DAMO-ODS), AUTOVON 255-3848/7433/
2003 (WATS 202-695-2003). These requests will be approved by the DOD
General Counsel (or designee).
(ii) The requests will then be sent to the National Military Command
Center (NMCC). It will coordinate between the lending accountable
property officer and the borrower.
(iii) In urgent cases, the Deputy Director for Operations, NMCC, may
approve requests upon his or her own responsibility. This is subject to
a later report to the chairman of the Joint Chiefs of Staff and the DOD
General Counsel.
(iv) Approved requirements will be passed to the Secretary of the
Army by telephone and confirmed by electrically transmitted message. The
Secretary of the Army will then assign the requirement to the proper
command (or staff agency) which will contact the designated Federal
civil official and confirm the details of the request. Modification of
the requirement to better perform the mission is authorized if the
Federal official agrees.
(6) Enviromental Protection Agency (EPA), US Coast Guard (USCG), or
National Response Team (NRT). Non-DOD Federal agency requests for loan
of materiel to combat oil and hazardous substance pollution spills will
be made directly to the Commanding General, FORSCOM. Requests will be
made by an ``On Scene Coordinator'' (OSC) of the EPA, or by the USCG
acting for the Department of Transportation. The pollution spill NRT may
also initiate requests. Approval authority is shown in table 2-1.
(d) Civil Authorities. Loans of materiel to civil authorities for
use during civil disturbances and disasters will be made as follows:
(1) Civil disturbances. Requests for Army materiel in anticipation
of (or during) civil disturbances will be promptly sent through command
channels to the approving authority (UCOM commanders will coordinate
requests originating from areas outside CONUS) as follows:
(i) Requests for resources that require Secretary of the Army
approval will be sent through channels to HQDA (DAMO-ODS) (para 4, app
B).
(ii) Requests for group three resources (Sec. 623.2(a)(5)) that are
not available to commanders having the approval authority will be sent
through channels to HQDA (DAMO-ODS). Intermediate commands may approve
and make available the requested resources.
(iii) Requests received by other DOD agencies will be referred to
local Army installation commanders for processing.
(2) Disaster relief. Requests for loan of materiel to support
disaster relief will be handled as follows:
(i) Valid requests for disaster relief assistance (see
Sec. 623.2(a)(4) for decisionmaking process) will be given to the DOD
liaison (a military officer) assigned to the disaster; or forwarded to
the CONUS Army commander in which the disaster occurs. (See appendix G.)
If no Federal Disaster Assistance Administration (FDAA) official (HUD
Federal Coordinating Officer (FCO)) is present at the disaster scene,
requests may be received from the Red Cross.
[[Page 492]]
(ii) HUD Regional Directors for FDAA, or FCOs, will send requests
for loan of materiel to the Commanding General, FORSCOM, or to the
proper CONUS Army commander. (Requests for Defense Civil Preparedness
Agency (DCPA) resources will be sent to DCPA regional offices.)
(e) Civilian Activities. (1) Veterans' Organizations. Loan requests
by authorized veterans' organizations (as listed in VA Bulletin 23A)
will be sent to the commander of the CONUS Army area (or Commander,
MDW), for the area where the materiel will be required. (See appendix
G.)
(2) Scouting Loans. National and regional scout executives will send
requests (restricted to DOD support of national and world jamborees)
according to chapter 7, AR 725-1. (See Sec. 621.4 of this title.)
(3) Loans/Leases Under the Provisions of Title 10 U.S.C. 2667.
Requests for loans from other civil activities and organizations may
come into the DOD through various channels; e.g., telephone call to
local installation commander, letter to Congressmen, or directly to the
Secretary of Defense or Army. Each request will be forwarded to the
authority having the item and having the authority to approve the
request. (See appendix B and table 2-1.) In cases where approval is
questionable, the request may be submitted through channels to HQDA
(DALO-SMD) WASH DC 20310 (para 2, app B) recommending approval/
disapproval action.
(f) Loans to the United Kingdom (UK), Canada, and Australia. All
requests for loans (restricted to materiel for use in the
``Standardization Program'') to the UK, Canada, or Australia will be
sent to Commander, DARCOM, ATTN DRC-IRD for approval. AR 795-204
addresses loans to other allied governments. (See DOD Military
Assistance and Sales Manual, DOD 5105.38-M.)
(g) Special Materiel Requests.
(1) Loan of Communications Security (COMSEC) Equipment. Subject to
provisions of this regulation, requests for loan of COMSEC equipment
will be sent to the Commander, US Army Communications Security Logistics
Agency (para 24, app B) for approval, loan action, and establishment of
loan records. All loans of Army COMSEC equipment to civilian authorities
or activities will be according to Technical Bulletin 380-41. Standard
Form 153 will be annotated to show purpose of the loan, expected date of
return, and authority for the loan. A copy will be sent to the Director,
National Security Agency (NSA), ATTN: S3, Fort George G. Meade, MD
20755.
(2) Loan of arms and accouterments. Requests for loan of arms and
accouterments will be sent by requesting agencies directly to the
Secretary of the Army, Military Support Division, HQDA (DAMO-ODS) (para
4, app B). Requests received out of this channel will be returned to the
originator for resubmission. The Secretary of the Army (or designee) is
the approval authority. See Sec. 623.5 for procedures.
(3) War reserves and operational project stocks. Regulatory guidance
with respect to loan of war reserves and operational project stocks to
DOD organizations is found in chapter 8, AR 710-1. Loans of war reserves
and operational project stocks to non-DOD activities will be according
to this regulation and must be approved by HQDA (DALO-SMW) (para 3, app
B).
(4) Loan of historical property and art. Requests for loans of Army
historical property and military art will be sent to the Commander, US
Army Center of Military History (para 4, app B). Specific information on
such loans is found in AR 870-15 and AR 870-20.
Sec. 623.4 Accounting procedures.
(a) Loan Document Format. (1) When the lending accountable property
officer receives copies of the loan request, loan agreement, surety bond
(if required), and written loan authorization from the approving
authority, the loan request will be converted to Military Standard
Requisitioning and Issue Procedures requisition formal (DD Form 1348) as
follows: (NOTE: In emergencies, authorization may be made by telephone.
The format request, agreement, bond, and authorization will follow.
Informal records should be also maintained.)
------------------------------------------------------------------------
Card columns Code or data
------------------------------------------------------------------------
1-3............................... ``AOE''.
4-6............................... RIC of NICP (lender).
[[Page 493]]
7................................. Media and status code.
8-22.............................. National stock number.
23-24............................. Unit of issue.
25-29............................. Quantity.
30-43............................. Document number.
(30-35)........................... DODAAC of the requisitioner, if
applicable, otherwise DODAAC of
accountable property officer
(lender).
(36-39)........................... Julian date.
(40-43)........................... Serial number.
44................................ ``N'' for nonrecurring demand.
45-50............................. Supplemental address (loanee DODAAC)
for DOD units. For non-DOD
activities enter the shipping
destination.
(45).............................. ``Y''.
(46-49)........................... Julian date of receipt of loan
request.
(50).............................. Alphabetic (except I or O)
indicating which loan of the day is
first; e.g., A-first, B-second,
etc.
51................................ ``M''.
52-53............................. ``G4'' for loans to nonresearch and
development activities. ``G6'' for
loans to research and development
activities.
54-56............................. Blank.
57-59............................. Project code if applicable. Note:
This will be the same for all
loans. Project codes will be
assigned by Chief, Logistic Systems
Support Activity, ATTN: DRXLS-LCC,
Chambersburg, PA 17201. It will be
sent by message to all interested
addresses.
60-61............................. Priority.
62-64............................. RDD.
65-66............................. Blank.
67-69............................. Depot RIC.
70................................ Purpose code.
71................................ Condition code.
72................................ Management code.
73-80............................. Blank.
------------------------------------------------------------------------
(2) Loaned property will be kept on the accountable records of the
owning property account. The entry showing the quantities loaned will be
supported by DD Form 1348-1 (receipt document), and copies of the loan
agreement and surety bond (if required). The receipt document must be
signed by the responsible official of the borrowing activity. It is then
returned to the accountable property officer as a valid hand receipt for
property accounting purposes.
(3) Loans will be processed by accountable property officers
according to normal supply procedures except as modified by this
regulation.
(4) Accountable property officers will keep loan files with enough
documentation to provide an audit trail for loan transactions and a
single source of accounting and billing for reimbursement. No separate
property book accounts will be set up for these loans. Items, with dates
shipped, will be identified by use of ``loan control numbers'' in loan
jacket files and in supporting documentation. The files will include
copies of--
(i) The loan request. If the request was made by telephone (urgent),
a copy of the Memorandum for Record prepared to summarize the call will
be used.
(ii) The loan agreement.
(iii) The surety bond (with cash, certified check, US treasury
bonds, or adequate bond from a bonding company).
(iv) The approving authorization to make the loan.
(v) DD Form 1348-1 used for shipping the items.
(vi) A master loan register with the loan control number and
shipping document number.
(b) Shipment of Loaned Materiel. (1) Loaned Army materiel will be
shipped only to the chief of the borrowing activity or to a designee
authorized to receive and sign for the materiel. To keep the materiel
out of unauthorized hands, consignees (receivers) will be advised of the
items and quantities to be loaned; the source of supply; whether the
items are to be picked up or shipped; and of shipments made.
(2) All shipments of loaned equipment will be documented on DOD
single line item ``release or receipt'' document (DD Form 1348-1). These
will be initiated by the lending accountable property officer. Packing,
crating, handling, estimated transportation costs, and serial numbers
(if applicable) of items shipped will be shown on all copies. The
consignee will be given advance copies of the DD Form 1348-1 as notice
of shipment, and a list of DD Form 1348-1 document numbers. For loans to
non-DOD activities two copies of the certificate below will be prepared
by the accountable property officer (see fig. 1). It will accompany the
DD Forms 1348-1.
``I certify receipt of and assume responsibility for the Army
materiel listed on DD Form 1348-1. Control numbers on DD Form 1348-1
follow. The items were received in good condition except as noted on the
DD Form 1348-1. Serial numbers have been verified (omit if not
applicable).''
________________________________________________________________________
Signature of responsible officer
________________________________________________________________________
[[Page 494]]
Typed name of responsible officer
________________________________________________________________________
Address of responsible officer
________________________________________________________________________
Date certificate was signed
Figure 1. Sample receipt certificate
(3) One copy of each signed DD Form 1348-1 (for non-DOD activities,
one copy of the signed certificate) will be returned to the accountable
property officer. Also, one copy of each will be kept in the borrower's
file.
(4) The installation or depot transportation officer is responsible
for coordinating movement of the items that must be shipped.
(5) Shipments, including those to foreign countries, will be made on
commercial bills of lading (CBL). Freight charges will be paid by the
borrower. The CBL will cite proper project codes. NOTE: In emergencies
where use of CBL would delay shipment, government bills of lading (GBL)
may be used subject to later reimbursement. Shipments to Boy Scout World
Jamborees in foreign countries will be by GBL unless otherwise specified
by the Boy Scouts.
(6) Shipments will be consolidated to the maximum to get the lowest
charges available.
(7) Separate shipping instructions will be provided for each
recipient, convention, jamboree, etc., to ensure correct consignee and
railhead addresses.
(8) Transportation will be at no expense to the government. The
Defense Transportation Services (Military Sealift Command, Military
Airlift Command, and Military Traffic Management Command) will send all
billings for such transportation costs to the US Army Finance and
Accounting Center (USAFAC). The USAFAC will then bill the fiscal station
servicing the accountable property office that made the loan. This
fiscal station will then bill the borrower for these transportation
costs. Army materiel loaned to non-DOD activities is not authorized for
oversea movement on a space available basis by MSC or MAC without their
prior approval.
(c) Receipt of Borrowed Property. (1) The person authorized to
receive the materiel (whether shipped or picked up) will check the
quantities received against the quantities shown on the DD Form 1348-1.
This person will also verify the condition of the materiel. Any
variation in quantity or condition must be resolved at once. If the
shortage or damage is not due to a common carrier, the borrower will
give the accountable property officer the National Stock Number,
document number, and an explanation of the variation at once. This
establishes a basis for assessing charges on termination of the loan.
Replacement shipments, when required, will be covered by a DD Form 1348-
1. All variations will be noted on the reverse side of the bill of
lading.
(2) When a DD Form 1348-1 has not been received by the borrower and
does not accompany the shipment, an informal report will be made to the
accountable property officer at once. It will include the nomenclature,
quantities, condition, and if applicable, the model numbers and serial
number of all material received.
(3) When shipment has been verified, the borrower (or designee) will
enter the quantity received on two copies of the DD Form 1348-1. Serial
numbers will also be entered for serial numbered items. The completed
copies of the DD Form 1348-1 will be signed by the authorized person.
One copy of the DD Form 1348-1 and one copy of the signed certificate
(receipt of the materiel) will be returned to the accountable property
officer.
(4) If shipments are received damaged or short, take action
described in Sec. 623.4(g).
(d) Accounting by Borrower. Non-DOD borrowing activities should
maintain a system of jacket files. This should include copies of all
documents that authorize the loan of materiel and relate to loan
transactions. Such files will insure return of materiel within the
approved loan period. Files should be retained for audit or any other
purpose as required. These files may be destroyed upon turn in of the
borrowed materiel, final completion of accounting, and reimbursement for
Army costs related to the loan. DOD borrowers will conform to the
requirements contained in existing regulations.
(e) Return of Borrowed Materiel--(1) General. (i) Borrowed materiel
will be returned to the Army in the condition received, less fair wear
and tear, unless
[[Page 495]]
the terms of agreement specify otherwise.
(ii) Property for which repair cost is claimed will be held at the
Army depot or installation until final charges are determined and a
release is given by respective property officers.
(iii) Return of materiel loaned to rifle clubs and schools will
conform with Sec. 623.5.
(2) Accountable property officer actions.
(i) At the end of a loan period, recall, or upon notice by the
borrower that the loaned materiel is no longer needed, the accountable
property officer will send a letter of instruction to the borrower for
return of the materiel. He will verify or modify the turn-in
instructions provided in the loan agreement.
(ii) These procedures will be used by accountable property officers
to terminate loans:
(A) For loans up to 30 days no specific termination action is
necessary except when materiel is not returned by the loan due date.
Then, a written loan termination notice will be sent to the borrower. A
follow-up notice will be sent every 15 days until the materiel is
returned or other settlement is made.
(B) For all other loans 15 days before the loan is due, a loan
termination notice will be sent by the lending activity to the borrower
verifying (or modifying) the turn-in instructions.
(C) Follow-up of loan termination notice will be made every 15 days
until the materiel is returned or other settlement is made.
(iii) After receiving inspection reports (Sec. 623.4(e)(3)) and
final shipment receipts, the accountable property officer will clear the
loan records.
(iv) The accountable property officer will then advise the borrower
of the transaction completion by furnishing receipted copies of the
receiving document(s).
(v) The accountable property officer will notify the servicing
finance and accounting office (FAO) of any reimbursement required.
(3) Actions by the receiving installation, depot, or arsenal. (i)
The installation, depot, or arsenal receiving activities will inspect
returned materiel.
(A) If the quantity received differs from the quantity shipped, the
actual quantity received will be entered on the DD Form 1348-1.
(B) If the condition of the property differs from that noted on the
DD Form 1348-1, the variation will be stated.
(ii) Loaned materiel returned in an unserviceable condition will be
inspected by qualified technical inspectors at installation level and by
quality assurance activities at depots to determine condition code.
(A) If the condition of returned materiel is the same as noted on
the receipt document or the prepositioned materiel receipt card, the
item will be processed as a normal receipt.
(B) If there is a discrepancy in the actual condition of the item or
in the assigned code on the receipt document, obtain an estimate of
repair cost and continue normal receipt documentation processing.
(C) The receiving depot or installation will prepare an Inspection
and Surveillance Report for each returned item that needs repair. Cards
will also be prepared for shortages. The cards will include the cost of
equipment repair or the value of shortage. A minimum of two copies of
each report will be sent to the proper acountable property officer.
(f) Loan Inventories. (1) If a loan has been approved or extended
(by the SA) for a period longer than 1 year, the accountable property
officer will inspect and reconcile loan accounts with the borrower at
the end of each 12-month period.
(2) If no discrepancies are noted, the accountable property officer
will file the signed annual inventory form in the borrower's memorandum
receipt jacket file.
(3) If the inventory shows that amounts and kinds of Army materiel
for which the borrower is responsible differ from that actually in his
possession, the accountable property officer will--
(i) For overages, assume accountability for the overages noted on
the annual inventory form. Use a copy of the annual inventory form as a
debit voucher to the account. No approval of this voucher is needed.
[[Page 496]]
(ii) For shortages, act to obtain reimbursement for the value of the
missing property or to adjust the discrepancy by report of survey.
(g) Lost, Damaged, and Destroyed Materiel. (1) When loss or damage
occurs during shipment, DOD and Federal agencies will refer to AR 55-38
for specific instructions.
(2) Damage or loss which is the fault of the carrier will be billed
to the carrier after reconciliaton.
(3) Army materiel lost, damaged, or destroyed while in the
possession of rifle clubs or schools will be handled as described in
Sec. 623.5.
(4) Any Army materiel loaned at the request of an FDAA Regional
Director which is not returned according to instructions in this chapter
will be reported to the borrower and to the FDAA Regional Director. The
latter will arrange for proper reconciliaton and reimbursement.
Sec. 623.5 Loan of arms and accouterments.
(a) General. (1) Loan of arms and accouterments requires special
processing and handling. Loans to DOD and non-DOD activities will be
handled as a normal loan according to instructions in this section with
the added requirement of maintaining serial number visibility. Loans of
arms and accouterments as included herein are not applicable to Army
National Guard (ARNG).
(2) The Commanding General, Armament Readiness Command (ARRCOM)
(ATTN: DRSAR-MMS) has been designated by Commanding General, Materiel
Development and Readiness Command (DARCOM), as being responsible for
keeping a centralized serial number visibility record for all small arms
made for the Army. ARRCOM maintains accountable property records for
loans to organizations such as the Director of Civilian Marksmanship
(DCM); and for loans to non-DOD activities such as the Federal Bureau of
Investigation (FBI), United States Secret Service (USSS), United States
Customer Service (USCS); or rifle clubs, educational institutions, and
veterans' organizations.
(3) Requests for loan of arms which are type classified standard
(logistics control code A or B) will be filled with the lowest type
classified items available.
(4) Borrowers of Army arms will be fully responsible for the care,
custody, and proper use of loaned materiel. Physical security measures
must be equal to or greater than the minimum requirements set forth in
Army Regulation 190-11 and Army Regulation 190-49.
(5) If borrowed arms are lost, stolen, or unaccounted for, the
borrower must inform the lender (accountable property officer), the
local police, and the FBI within 24 hours after discovery.
(6) This regulation does not apply to arms issued to Reserve
Officers Training Corps units under the National Defense Act. Army
Regulation 710-2 is applicable.
(b) Loans to Civilian Activities (Other Than Rifle Clubs and
Educational Institutions). (1) Arms and accouterments may be loaned by
the Army to civilian authorities and to civilian activities as follows:
(Sec. 623.5(c) covers rifle clubs and institutions.)
(i) For use in protection of public money and property (10 U.S.C.
4655).
(ii) Obsolete or condemed rifles (not more than 10), slings, and
cartridge belts may be loaned to local units of any national veteran's
organization for use by that unit in ceremonies. (For example, a funeral
for a former member of the armed forces.) The organization must be
recognized by the Veterans' Administration (VA) (10 U.S.C. 4683).
(iii) Arms and accouterments loaned to organizations listed in
Sec. 623.5(c)(1) for a period of 1 year or less will be accounted for by
ARRCOM. Loans of items that exceed 1 year will be accounted for by the
DCM under Sec. 623.5(c).
(2) Requests for loan (or extension of loan) of Army arms and
accouterments will be sent by requesting agencies through HQDA (DALO-
SMD), (para 2, app B) to the Secretary of the Army. Requests received
outside of this channel will be returned to the originator for direct
submission to the address above.
(3) Requests approved by the Secretary of the Army (or Under
Secretary) will be sent to ARRCOM, (para 12 app B) Rock Island, IL
61299, for
[[Page 497]]
completion of a formal loan agreement and issue of items.
(4) Requisitioning, accounting, and reimbursement procedures are
given in Sec. 623.4. However, upon receipt of signed copies of DD Form
1348-1 with the listing of verified serial numbers from the consignee,
the ARRCOM Arms and Accouterments Property Officer will send the
required transaction data to the DOD Small Arms Serialization Program
(DODSASP) at ARRCOM. These data will indicate that the small arms on
loan to other Government agencies are accounted for under DOD Activity
Address Code W52P41.
(5) Shipment and returns are described in Sec. 623.4 except as
follows:
(i) The responsible property officer for materiel or loan will
request disposition instructions from the accountable property officer
when loaned materiel is no longer needed or at the end of the loan
period. Loaned materiel may be withdrawn from the borrowing activity at
any time to satisfy military requirements.
(ii) The accountable property officer will:
(A) Issue shipping instructions for the return of property to a
designated installation. The letter of instruction will contain a
MILSTRIP document number (AR 725-50) for each line item scheduled for
return to be used for the shipment. The shipper will be directed to cite
this document number on the shipping document.
(B) Prepare and submit to the receiving installation a prepositioned
materiel receipt card (DOD Materiel Receipt Document (DD Form 1486))
(Document Identifier DWC) as advance notice of the shipment.
(1) Exception data will be annotated as follows: ``Return of Loan
from Other Government Agency--Report Receipt of Arms and Accouterments
Accountable Property Officer, ATTN: DRSAR-MMD.''
(2) A copy of the letter of shipping instructions (paragraph
(b)(5)(ii) of this section) will be inclosed with the prepositioned
materiel receipt card for information.
(iii) Upon receipt at the receiving installation, property will be
inspected immediately. Cost of repairing unserviceable items and cost of
replacement, if irreparable, will be determined at time of inspection.
The MILSTRIP receipt card will be mailed to the accountable property
officer with estimated damage cost and detailed materiel condition as
exception data.
(iv) Upon notification of materiel receipt, the accountable property
officer will:
(A) Clear the loan record with a credit entry and process the
receipt to the inventory records as an increase on hand to asset
balance.
(B) Furnish receipted copies of the receiving document to the
consignor and the responsible property officer closing the transaction.
(c) Loans to Rifle Clubs and Educational Institutions--(1)
Authorization. Arms and accouterments may be loaned to rifle clubs and
educational institutions for periods established in table 2-2 under the
following conditions:
(i) Rifled arms may be loaned to civilian rifle clubs for promotion
of marksmanship training among able-bodied US citizens (10 U.S.C. 4308).
(ii) Arms, tentage, and equipment, as the Secretary of the Army
deems necessary, may be loaned to an educational institution to provide
proper military training where there is no ROTC, but there is a course
in military training prescribed by the Secretary of the Army and there
are at least 100 physically fit males over 14 years of age (10 U.S.C.
4651).
(iii) Magazine rifles and appendages may be loaned to schools having
a uniformed corps of cadets of sufficient number for target practice.
Models loaned must not be in use at the time, or needed for a proper
reserve supply (10 U.S.C. 4652).
(iv) Ordnance and ordnance stores may be loaned to Washington, DC,
high schools for military instruction and practice (10 U.S.C. 4653).
(v) Obsolete ordnance and ordnance stores may be loaned to
educational institutions and to State soldiers', sailors', and orphans'
homes for drill and instruction if recommended by the Governor of the
state or territory concerned (10 U.S.C. 4685).
(2) Director of Civilian Marksmanship (DCM). The President may
detail an officer of the Army or Marine Corps as
[[Page 498]]
Director of Civilian Marksmanship (10 U.S.C. 4307). The DCM is
responsible for--
(i) Control and accountability of Army materiel issued to civilian
rifle clubs;
(ii) Policies and procedures for the issue of arms and ammunition to
civilian rifle clubs; and
(iii) Ensuring proper bonding of clubs before issue of Army
materiel. The Secretary of the Army has further made the DCM similarly
responsible for loans to institutions (schools).
(3) Property transactions. US Army Armament Materiel Readiness
Command (ARRCOM) will transfer accountability for materiel shipped to
civilian rifle clubs and institutions to the DCM. The DCM will keep a
mission stock record account for these items as shown in Army Regulation
710-2. In addition, the account will note all property transactions
between the DCM and civilian rifle clubs and institutions as follows:
(i) Loan and return of arms and accouterments to (from) civilian
rifle clubs and institutions will not be posted to the accountable
record as loss or gain vouchers. They will be posted as ``loan
transactions'' with the DCM retaining accountability. In addition to
debit, credit, and adjustment voucher files, the DCM accountable
property officer will keep a ``loan voucher'' file in two sections;
e.g., ``active'' and ``terminated.''
(A) The active section (suspense for items on loan) will contain DD
Form 1348-1 or a letter acknowledging receipt of the items. (The
signature of the borrower will be according to paragraph (4) (v) or (vi)
of this section.) This section will contain a folder for each activity
serviced by the DCM. The active loan vouchers will be filed in National
Stock Number and voucher number sequence. This section serves as the DCM
loan record.
(B) The terminated section (for items no longer on loan) will
contain the original loan shipping document (loan voucher). The return
receipt document which terminates the loan will be attached. The receipt
document will contain the original shipping document number and the
return advice code ``IQ.''
(ii) Shipments of expendable items (e.g., ammunition, targets, etc.)
will be posted as a credit to the accountable record. Accountability
will be dropped (These items are deemed to have been consumed at the
time of issue).
(iii) Expendable items returned by rifle clubs and institutions will
be posted to the accountable record as a debit voucher. The DCM will
determine disposition of these items.
(4) Requisition procedures. (i) The DCM will prepare requisitions
based on information from the rifle clubs or institutions. DA Form 1273
(Requisition for Articles Authorized for Issue to Civilian Rifle Clubs)
will be used. Two completed copies of the requisition will be sent to
the requester.
(ii) The rifle club or institution will complete the form and return
one signed copy to the DCM, HQDA, Secretary Field Directorate
Marksmanship (SFDM), (para 7, app B) and keep one copy for file.
(iii) On receipt of the signed copy of DA Form 1273, the DCM will
take proper issue action. When more arms are required by the DCM, a DD
Form 1348 will be prepared and sent to the Secretary of the Army for
approval (AR 725-50).
(iv) The supply source responsible for the loan will ship the
materiel directly to the rifle club or school.
(v) DD Forms 1348-1 received with the shipment or by mail, will be
annotated and signed by the person authorized to receive and sign for
property for the rifle club or school. The quantity and condition of the
items received will be entered thereon. This entry will be based on a
physical check and inspection of the materiel. Serial numbers of items
received (if applicable and not noted) will also be entered. Two of the
completed copies will be signed by the person authorized to sign for the
club or institution. They will be mailed to the DCM, HQDA Secretary
Field Directorate Marksmanship (SFDM). The third completed copy will be
kept in the unit's file.
(vi) If a DD Form 1348-1 is not received with the shipment or is not
received by mail, a receipt letter will be sent to the DCM. It will set
forth the nomenclature, quantities, condition, and serial numbers (of
serial-numbered
[[Page 499]]
items) of all property received. This letter will be sent as soon as
possible after receipt of the property. The receipt letter will be used
by the DCM as a loan voucher. One copy will be recorded in the voucher
register and placed in the voucher file. The loan action will be posted
to the DCM stock record account.
(5) Property returns. When property is returned by civilian rifle
clubs or institutions, the DCM will prepare seven copies of the DD Form
1348-1. Five copies will be mailed to the rifle club or institution; one
will be kept in suspense in the club's or institution's jacket file; and
one will be sent to the US Army Management Systems Support Agency
(USAMSSA), Wash., DC 20310, to update the ``rifles intransit program.''
The rifle club or institution will enter on the five copies the shipment
date, how shipped, the quantity shipped, and other necessary data not
entered by the DCM and distribute the five copies as follows:
(i) Two copies to the consignee (receiving depot, arsenal, or
installation). One copy of the DD Form 1348-1 received by the consignee
will be used to tally the shipment and to account for property received.
The other copy will be signed by the accountable property officer (or
representative) and will be sent to the DCM to terminate the open
receipt in the loan voucher file.
(ii) One copy with the shipment.
(iii) One copy to the DCM, HQDA (SFDM), accompanied by the bill of
lading (where available).
(iv) One copy retained by the rifle club or institution.
(6) Lost, damaged, or destroyed property. Loss, damage, or
destruction of property in the possession of a rifle club or institution
will be reported within 24 hours by telephone to the DCM (202-693-6460),
the local police, and the FBI. All public and local laws must be
complied with. Rifles and other equipment (except ammunition) that
becomes unserviceable will be reported to the DCM by the club or
institution. The DCM will give instructions for return of the equipment
without expense to the government. Any equipment damage or loss that is
the fault of the club or institution will be determined by a report of
survey (AR 735-11). The club or institution must then reimburse the DCM.
The DCM may replace damaged equipment after reimbursement. Government
property lost or destroyed without fault or neglect on the club's part
will be replaced, if replacements are available. The club will pay only
shipping and handling charges.
[AR 700-131, 45 FR 62038, Sept. 18, 1980; AR 700-131, 61 FR 45890, Aug.
30, 1996]
Sec. 623.6 Reimbursement for loan of Army materiel.
(a) Reimbursement Policies and Procedures. (1) Policies. (i) DA
elements do not program for costs related to loan of Army materiel.
(ii) Loans to non-DOD Federal activities are made on the basis that
there will be no extra cost to the Army. Costs that are in addition to
normal Army operating expenses will be reimbursed by the borrower. This
provision will be a part of the loan agreement.
(iii) In cases of aircraft piracy, civil disturbance, disaster
relief, or protection of the President or visiting dignitaries,
emergency support will not be withheld for lack of a formal
reimbursement agreement. In these cases, the supporting Army element
will absorb initial costs (within existing fund availability).
Reimbursement will be coordinated later.
(iv) Loans made under the provisions of Title 10 U.S.C. 2667 will
provide that the borrower must pay a fair monetary rental. The fair
monetary rental will be determined on the basis of prevailing commercial
rates or computed by sound commercial accounting practices including a
return on capital investment and administrative cost as well as
depreciation. Leases made under this code section will include a
provision establishing the rental cost of the materiel and method of
payment.
(v) The Army National Guard (ARNG) is responsible for reimbursement
of costs, over and above normal DA operating expenses, related to the
borrowed Army materiel.
(vi) Support to the United States Secret Service (USSS) will be on a
reimbursable basis except for costs directly related to protection of
the President
[[Page 500]]
or Vice President. Requests for reimbursement for all other support for
USSS will be according to AR 37-27.
(vii) The cost of emergency support will be billed directly to the
recipient.
(2) Procedures. (i) The Army accountable property officer handling
the loan of DLA stock fund items will coordinate DLA billings and
borrower reimbursement. The borrower can make payment directly to the
Defense Stock Fund.
(ii) Installation financial accounting for ``accounts receivable''
will conform with Army Regulation 37-108.
(iii) The finance and accounting office (FAO) supporting the
supplying accountable property officer will record all charges,
including accounts receivable of Army Stock Fund offices (or branch
offices), in separate ledger accounts for each borrower.
(iv) Charges and collections recorded in each loan account will be
reported per Army regulations and directives prescribing the reporting
of the fund status in any current fiscal year.
(v) Billing will be initiated on Standard Form 1080, and sent to the
borrower within 30 days of turn-in of materiel and loan termination. For
loans of arms and accouterments and issue of ammunition pursuant to 10
U.S.C. 4655, the Standard Form 1080 will be annotated to show that
collections are to reimburse DA appropriations.
(vi) Special appropriations established to support disaster relief
will be used promptly by Army commanders concerned to ensure that all
direct expenses are charged to the special appropriation. Exclude those
charges subject to reimbursement by the American National Red Cross
(ANRC). ANRC reimburses for supplies, materiel, and services for which
they are responsible in the disaster area.
(b) Reimbursable Costs. Unless specifically stated, borrowing
agencies, authorities, and activities will reimburse the Army for all
costs related to loan of Army materiel to include but not limited to the
following:
(1) Any overtime pay and pay of additional civilian personnel
required to accompany, operate, maintain, or safeguard borrowed
equipment.
(2) Travel and per diem expenses of Army personnel (military and
civilian).
(3) Packing, crating, handling, and shipping from supply source to
destination and return. This includes port loading and off loading.
(4) All transportation including return for repair or renovation.
(5) Hourly rate for the use of Army aircraft.
(6) Petroleum, oil, and lubricants (POL) (including aviation fuel).
(7) The cost of materiel lost, destroyed, or damaged beyond
economical repair except for Army aircraft, motor vehicles, or motor
craft used in connection with aircraft piracy.
(8) Utilities (gas, water, heat, and electricity). Charges will be
based on meter readings or other fair method.
(9) Any modification or rehabilitation of Army real property which
affects its future use by DA. In such cases the borrower will also bear
the cost of restoring the facility to its original form.
(10) Repair/overhaul of returned materiel. Renovation and repair
will conform with agreement between the Army and the borrower. (See
paragraph (e)(1) of this section.)
(11) Repair parts used in maintenance or renovation.
(12) Price decline of borrowed stock fund materiel at which returned
property can be sold.
(c) Nonreimbursable Costs. The following costs are normal operating
expenses of the Army for which no reimbursement is required:
(1) Regular pay and allowances of Army personnel (except travel) and
per diem costs.
(2) Administrative overhead costs.
(3) Annual and sick leave, retirement, and other military or
civilian benefits except as provided in certain cases; e.g., Army
Industrial Fund regulations.
(4) Telephone, telegram, or other electrical means used to
requisition items, replenish depot stocks, or coordinate the loan.
(5) Charges for the use of Army motor vehicles and watercraft except
POL and per diem costs (paragraph (b) of this section).
(6) The use of real property (except as required for utilities,
modification, etc.).
[[Page 501]]
(d) Funding Records. (1) Records of all costs (other than normal
operating expenses), related to loans of Army materiel, will be kept at
the accountable property officer level by the supporting finance and
accounting office. This will be done within existing Army financial
accounting systems.
(2) Separate subsidiary general ledger accounts and/or files of
documents showing the total value of all issues and materiel returned
for credit, and supporting documentation will be set up by the finance
and accounting office. The accounts will be kept current for each loan
action so reports may be made as prescribed; and so that accounts
receivable can be processed for billing and collection action.
(e) Determination of Charges and Settlement. (1) Returned materiel
will be promptly classified by a qualified inspector with action as
follows:
(i) Materiel classified as unserviceable, uneconomically reparable
will be billed at 100 percent of value.
(ii) Materiel classified as unserviceable, economically reparable
will be billed for reduced utility (if appropriate) as well as for
repair/overhaul costs.
(iii) The depreciation of borrowed materiel will be determined by
technical inspectors according to Army Regulation 735-11. When qualified
inspectors are not available, returned property will be received with
``condition'' shown as ``subject to final classification by DA.''
Accountable property officers will complete classification promptly so
charges and billing can be made within 30 days of return of materiel.
(2) All returned property which needs repair will be examined by a
technical inspector to find cost of repair. Then the accountable
property officer will prepare a property transaction record with
supporting documents. These records will be sent to the proper MACOM
commander or CINC of UCOM for final review. They will include--
(i) A statement on the transaction record identifying the financial
account to which the reimbursement money is to be deposited.
(ii) A statement on the transaction record (if appropriate) as
follows: ``The losses and/or damages shown on the Property Transaction
Record in the amount of $------ represent the total claim by the US Army
for property loaned to ----------------. Upon settlement and deposit to
the proper account, lender releases the ---------------- from further
obligations.''
(iii) A description of the type and degree of repair (separate
addendum).
(3) After the final review, an approved list of charges will be sent
to the servicing finance office for collection. The property will be
released for repair and returned to stock.
(4) The finance office will send a letter to the borrower requesting
payment (payable to the Treasurer of the United States). Upon payment,
collection documents will be prepared and fiscal accounts credited. The
MACOM or UCOM Surgeon will ensure the stock fund is reimbursed for
expendable medical supply losses reported.
(5) The finance office will advise the loaning accountable property
officer that settlement has been made. Property transaction records will
be closed.
(6) The approving authority will then return the bond to the
borrower.
(7) The value of supplies and equipment returned to the Army will be
credited to the account originally debited at the time of issue. FDAA
Regional Directors may find that it is not in the public interest to
return borrowed materiel that has not been consumed, lost, or damaged.
They will negotiate with the CONUS Army concerned for proper
reimbursement for the borrowed materiel not returned.
(f) Delinquent and Uncollectable Accounts. (1) In cases of
unsatisfactory settlement, bond proceeds will be used to satisfy the
claim.
(2) If this does not settle the account, then 6 months after the
final report and after all collection efforts have failed--
(i) Servicing finance offices will send delinquent ``accounts
receivable'' reports to commanders of CONUS Armies and DARCOM readiness
commands, and to CINCs of UCOMs, by forwarding--
(A) Duplicate copies of Standard Form 1080 billing documents showing
complete accounting classification to which reimbursement is to be
credited.
[[Page 502]]
(B) Duplicate copies of all supporting documents.
(C) One copy of any correspondence showing the reason(s) for
nonpayment of the account.
(ii) The CONUS Army Commanding General, CINC of UCOM, or Commanding
Generals of DARCOM Materiel Readiness Commands, will also try to collect
for these delinquent accounts. If all efforts fail, these accounts,
(with any delinquent accounts applicable to billings initiated within
their own headquarters) will be sent to the Director of Comproller
Systems, HQDA (DACA-BUS). (Para 1, app B). The letter of transmittal
will state that the accounts are transferred according to this
regulation. A copy will be sent to the FAO handling the accounts. The
FAO will then transfer the account to inactive status. A Standard Form
1017G (Journal Voucher) will be prepared showing a debit to account 3052
(Transfer of Accounts Receivable) and a credit to the proper accounts
receivable.
(iii) Appropriations available to the accountable property officer
or installation will be used for reimbursing; e.g., the Army Stock Fund
or Army Industrial Fund accounts. Any later reimbursements received will
be credited to the Army appropriation from which payment was made.
(3) Upon receipt of the accounts included in paragraph (f)(2) of
this section, the Comptroller, HQDA (DACA-BUS), will take further
collecton action under normal operating procedures. All later collection
action is the responsibility of the Comptroller. Accounting records and
reports will conform with normal procedures. When further collection
effort by the Comptroller fails, these accounts will be dropped from
receivable balances of the Army. They will be referred to the General
Accounting Office (GAO).
Sec. 623.7 Reports.
(a) General. Reports of Army materiel loaned to non-DOD activities
must be forwarded as described below.
(b) Aircraft Piracy. (1) Commands and agencies providing aircraft
piracy support will initially report through command channels by
telephone to the HQDA, (DAMO-ODS). (Para 4, app B.) Confirmation will be
made by electrically transmitted message to HQDA, ATTN: DAMO-ODS. These
reports are exempt from reports control under Army Regulation 335-15.
Initial reports will include all available details. Following is a guide
for content of reports.
(i) Supporting unit.
(ii) Home station of supporting unit.
(iii) Support provided and duration of requirement.
(iv) Changes, if any, in support requested or duration of
requirement as made by the Federal civil official in charge.
(v) Additional remarks.
(2) A final report noting termination of support will be made.
(c) Civilian Rifle Clubs and Schools. (1) Each affiliated club and
institution (schools) must file an annual report (DA Form 1277, Annual
Statistical Report of Civilian Rifle Club) on the anniversary date of
the loan with the DCM.
(2) A roster of club members will list each member required to fire
annually. It will include the full name, address, and age; the DCM
course; score; and the date the member fired for record.
(3) A description of the club's procedures and facilities for
safekeeping arms and ammunition will be appended to the roster of club
members.
(d) Civil Disturbances. (1) Requests to meet civil disturbances are
of two types:
(i) Type I--Requests to meet an urgent need during an actual
disorder.
(ii) Type II--Requests in anticipation of an imminent civil
disorder.
(2) Approving authorities, other than the Secretary of the Army,
will prepare reports (RCS DD-A(AR)1112) on all requests for loan of Army
materiel to support civil disturbances. The reports will be sent within
2 working days after receipt of the request. They will be prepared in
the format shown in Army Regulation 500-60. They will also serve as
``the request'' when no other written request is available.
(3) The reports will be sent to the (HQDA (DAMO-ODS)). When reports
are received from unified or specified commands, ODCSOPS will send an
information copy to the Joint Chiefs of Staff (JCS) National Military
Command Center (NMCC).
[[Page 503]]
(4) The Secretary of the Army will send information copies of civil
disorder reports to the DOD General Counsel and the US Deputy Attorney
General.
(5) Reports of civil disturbance operation costs (RCS DD-A(AR)1112)
also will be prepared as shown in Army Regulation 500-60.
(e) Disaster Assistance. When Army materiel is loaned in support of
disaster assistance, CONUS Army Commanding Generals and UCOM CINCs will
send reports as follows:
(1) Initial reports. Initial reports will be made by telephone to
the Commanding General, FORSCOM (AUTOVON 588-3912), who will, in turn,
telephone the report to the Military Support Division, ODCSOPS, AUTOVON
225-2003 or 7045). This will be followed within 12 hours by a Tempest
Rapid Materiel Report in message form and sent electrically. The message
report will be prepared according to Army Regulation 500-60.
(2) Daily message reports. Tempest Rapid Daily Materiel Reports of
Army materiel loaned to support disaster relief will also be sent by
electrically transmitted message. The reports will cover the 24-hour
period from 0601Z to 0600Z. The reports must arrive at the HQDA (DAMO-
ODS), no later than 1100Z the same day. Daily reports will be sent
according to the format in Army Regulation 500-60 except that part III
will not be included. Also, ``no change reports'' may be made by
telephone. On the day of the last daily message report include the words
FINAL DAILY REPORT in the subject line.
(3) Final reports. In addition to the final Tempest Rapid Daily
Materiel Report, a final report on military assistance provided will be
sent within 45 working days of termination of disaster assistance. The
CONUS Army Commanding General will send the report by 1st Class Mail
through the Commanding General, FORSCOM, to the HQDA (DAMO-ODS). The
final report will include--
(i) An historic account of the disaster.
(ii) Cumulative totals of support given.
(iii) A statement of accomplishments.
(iv) Actual or estimated expenses excluding costs incurred by the
Corps of Engineers under Pub. L. 84-99. Costs will be reported by
Service by appropriation, using three columns to identify normal costs,
incremental costs, and total costs.
(v) The status of reimbursements requested from borrowing Federal
agencies, and civilian authorities and activities. If reimbursement has
not been completed by the date of the final report, a separate cost
report will be sent upon final reimbursement payment.
(vi) Lessons learned.
(4) Information copies. Information copies of all reports will be
sent to the proper HUD Regional Directors for FDAA and DCPA Regional
Offices.
(5) Additional information. Additional information may be needed by
Federal officials. Normally, such requests will be telephoned by ODC
SOPS Military Support Division to the Commanding General, FORSCOM.
(6) Pollution spills. The Commanding General, FORSCOM, will report
committal of Army resources to the HQDA (DAMO-ODS), by the fastest
means. Daily and final Tempest Rapid Materiel Reports will be sent with
``not applicable'' shown in paragraphs 8, 9, and 10 of the report.
(f) Drugs and Narcotics Interdiction Program. (1) Army staff
agencies will submit monthly status reports of actions that support this
program. The reports will be as of the last day of June and December,
respectively. Reports will be sent to HQDA (DAMO-ODS), 4 working days
after the end of the designated months. Reports will summarize all
support during the period to include pending or terminated support plus
estimated cost of items.
(2) Based on information received in these reports, ODCSOPS will
prepare a report of the drug and narcotics interdiction assistance given
by the Army. This report will be sent through the Army Chief of Staff to
the Secretary of the Army.
(g) United States Secret Service (USSS). Army commands and agencies
providing materiel support (routine or urgent) to the USSS will report
any significant problems or deviation from
[[Page 504]]
the approved request at once. Reports will be telephoned through command
channels.
(h) Other Reports. Active Army accountable property officers will
make semiannual reports on open loans. The reports will be prepared as
of the last day of July and December. They will be sent by the 15th day
of the following month. These reports will include the items on loan,
quantity, dollar value, and duration of the loans. The reports will be
sent to the approving authority.
Appendix A to Part 623--Explanation of Terms
As used in this regulation, the following explanation of terms apply:
Accouterments. Equipment that is associated with small arms
characterized as personal and individual that is available
from Army stocks.
Approving authority. The person (or designee) authorized to approve
specific types of loans of Army materiel. (See table 2-1 and
app B.)
Arms. Weapons for use in war.
Civil authorities. Those elected and appointed public officials and
employees who govern the 50 States, District of Columbia,
Commonwealth of Puerto Rico, US possessions and territories,
and governmental subdivisions thereof.
Civil defense. All those activities and measures designed or undertaken
to:
a. Minimize the effects upon the civilian population caused, or
which would be caused, by an enemy attack upon the United States.
b. Deal with immediate emergency conditions which would be created
by any such attack.
c. Effect emergency repairs to, or the emergency restoration of,
vital utilities and facilities destroyed or damaged by any such attack
(JCS Pub 1).
Community relations program. A program of action, to earn public
understanding and acceptance, conducted at all levels of
military command wherever stationed. The program includes
participation in public events, humane acts, and cooperation
with public officials and civil leaders (AR 360-61).
Defense Civil Preparedness Agency (DCPA). A defense department agency
responsible for plans and preparations for civil defense and
assistance to local governments in disaster relief planning.
Department of Housing and Urban Development (HUD). The Federal
department responsible for directing and coordinating Federal
assistance for major disasters on behalf of the President.
Domestic action program. A program of assistance to local, State, and
Federal agencies for the continued improvement and development
of society (AR 28-19 and para 4-10, AR 360-61).
Emergency. Any catastrophe in any of the United States which in the
determination of the President requires Federal supplementary
emergency assistance.
Emergency medical treatment. The immediate application of medical
procedures to wounded, injured, or sick, by trained
professional medical personnel.
Executive agent. That individual or his designee authorized to act as
the US Government's agent in making certain loans of
government materiel. The President of the United States has
delegated to the Secretary of the Army (or to his designee,
the Under Secretary of the Army) authority, as Executive
Agent, to approve certain loans of DOD materiel to non-DOD
activities. (See table 2-1.) Other ``approving authorities''
act as ``Executive Agents'' for the US Government, but do not
have that title.
Federal agency. Any department, independent establishment, government
corporation, or other agency of the executive branch of the
Federal Government, except the ANRC.
Federal Coordinating Officer (FCO). The person appointed by the
President to operate under the HUD Regional Director for
Federal Disaster Assistance Administration to coordinate
Federal assistance in Presidentially declared emergency or
major disaster.
Federal Disaster Assistance Administration (FDAA). The agency within HUD
delegated the disaster relief responsibilities previously
assigned to the Office of Emergency Preparedness.
Federal function. Any function, operation, or action carried out under
the laws of the United States by any department, agency, or
instrumentality of the United States or by an officer or
employee thereof.
Federal property. That property which is owned, leased, possessed, or
occupied by the Federal Government.
Imminent serious condition. Any disaster or civil disturbance which is
of such severity that immediate assistance is required to save
human life, prevent immediate human suffering, or reduce
destruction or damage to property.
Local government. Any county, parish, city, village, town, district,
Indian tribe or authorized tribal organization, Alaska native
village or organization, or other political subdivision of any
State.
Major disaster. Any hurricane, tornado, storm, flood, high water, wind-
driven water, tidal wave, earth-quake, drought, fire, or other
catastrophe which, in the
[[Page 505]]
determination of the President, is or threatens to be off
sufficient severity and magnitude to warrant disaster
assistance by the Federal Government. This assistance
supplements the efforts and available resources of States,
local governments, and relief organization in alleviating the
damage, loss, hardship, or suffering caused thereby.
Objective area. A specific geographical location where a civil
disturbance or disaster is occurring or is anticipated.
Routine requests. Requests resulting from situations which are
reasonably predictable or do not require immediate action to
prevent or reduce loss of life, property, or essential
services. Reduced efficiency of the requester's operation is
not in itself grounds for classifying a request higher than
routine.
Small arms. Hand and shoulder weapons for use in war.
Surety bond. A bond, including dollar deposit, guaranteeing performance
of a contract or obligations.
Terrorist incident. A form of civil disturbance which is a distinct
criminal act committed or threatened to be committed by a
group or single individual in order to advance a political or
other objective, thus endangering safety of individuals or
property. This definition does not include aircraft piracy
emergencies.
Threatened major disaster. Any hurricane, tornado, storm, flood, high
water, wind-driven water, tidal wave, earthquake, drought,
fire, or other catastrophe which, in the determination of the
Administrator, FDAA, threatens to be of severity and magnitude
sufficient to warrant disaster assistance by the Federal
Government. This assistance will be used to avert or lessen
the effects of such disaster before its actual occurrence.
Urgent requests. Those resulting from unforeseeable circumstances, civil
disturbances, civil defense needs, aircraft piracy, secret
service requirements, and disasters when immediate action is
necessary to prevent loss of life, physical injury,
destruction of property, or disruption of essential functions.
Youth groups. Youth groups are groups such as the Boy Scouts of America;
Girl Scouts of the United States of America; Civil Air Patrol;
Camp Fire Girls, Incorporated; The Boy's Club of America;
Young Men's Christian Association; Young Women's Christian
Association; Four H Clubs; and similar groups.
Appendix B to Part 623--Approving Authority Addresses/Telephone Numbers
*
B-1. HQDA (DACA-BUS), WASH DC 20310, Telephone: AUTOVON 225-6336, WATS
202-695-6336;
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* Telephone numbers are provided for principal loan approving
authorities and agencies responsible for specific loans IAW table 2-1.
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B-2. HQDA (DALO-SMD), WASH DC 20310, Telephone: AUTOVON 227-5960, WATS
202-697-5960;
B-3. HQDA (DALO-SMW), WASH DC 20310, Telephone: AUTOVON 227-3159, WATS
202-697-3159;
B-4. HQDA (DAMO-ODS), WASH DC 20310, Telephone: AUTOVON 225-2003, WATS
202-695-2003;
B-5. HQDA (NGB-ZA), WASH DC 20310, Telephone: AUTOVON 227-2430, WATS
202-697-2430;
B-6. HQDA (DASG-HCL), WASH DC 20310, Telephone: AUTOVON 227-8286, WATS
202-697-8286;
B-7. Director, Civilian Marksmanship (SFNB) Room 1E-OM3, West Forrestal
Building, 1000 Independence Avenue, SW., Telephone: AUTOVON 223-6460,
WATS 202-693-6460;
B-8. Commander in Chief, US Army, Europe and Seventh Army, APO New York
09403;
B-9. Commander, First US Army, Fort George G. Meade, MD 20755,
Telephone: AUTOVON 923-7500, WATS 301-677-7500;
B-10. Commander, Fifth US Army, Fort Sam Houston, TX 78234, Telephone:
AUTOVON 471-4707, WATS 512-221-4707;
B-11. Commander, Sixth US Army, Presidio of San Francisco, CA 94129,
Telephone: AUTOVON 486-4110, WATS 415-561-4110;
B-12. Commander, US Army Armament Materiel Readiness Command, ATTN:
DRSAR-MMS, Rock Island, IL 61229;
B-13. Commander, US Army Armament Research and Development Command,
Dover, NJ 07801;
B-14. Commander, US Army Aviation Research and Development Command, PO
Box 209, St. Louis, MO 63177;
B-15. Commander, US Army Communications and Electronics Materiel
Readiness Command, Fort Monmouth, NJ 07703;
B-16. Commander, US Army Communications Research and Development
Command, Fort Monmouth, NJ 07703;
B-17. Commander, US Army Communications Security, Logistics Agency,
ATTN: SELCL-NICP-IM, Fort Huachuca, AZ 86513;
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B-18. Commander, US Army Forces Command, Fort McPherson, GA 30330,
Telephone: AUTOVON 588-2694, WATS 404-752-2694;
B-19. Commander, US Army Health Services Command, Fort Sam Houston, TX
78234;
B-20. HQDA (DAMH-HS), WASH DC 20314;
B-21. Commander, US Army Military District of Washington, Fort Leslie J.
McNair, Washington, DC 20319;
B-22. Commander, US Army Missile Materiel Readiness Command, Redstone
Arsenal, AL 35809;
B-23. Commander, US Army Missile Research and Development Command,
Redstone Arsenal, AL 35809;
B-24. Commander, US Army Security Assistance Center, ATTN: DRSAC, 5001
Eisenhower Avenue, Alexandria, VA 22333, Telephone: AUTOVON 284-9638,
WATS 202-274-9638;
B-25. Commander, US Army Tank-Automotive Materiel Readiness Command,
Warren, MI 48090;
B-26. Commander, US Army Tank-Automotive Research and Development
Command, Warren, MI 48090;
B-27. Commander, US Army Test and Evaluation Command, Aberdeen Proving
Ground, MD 21005;
B-28. Commander, US Army Training and Doctrine Command, Fort Monroe, VA
23651, Telephone: AUTOVON 680-3112, WATS 804-727-3112;
B-29. Commander, US Army Troop Support and Aviation, Materiel Readiness
Command, 4300 Goodfellow Boulevard, St. Louis, MO 63120.
Appendix C to Part 623--Agreement for Loan of US Army Materiel (DA Form
4881-R)
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Appendix D to Part 623--Certificate for Signature by an Alternate (DA
Form 4881-1-R)
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Appendix E to Part 623--Surety Bond (DA Form 4881-3-R)
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Appendix F to Part 623--Power of Attorney (DA Form 4881-4-R)
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Appendix G to Part 623--Continental US Army Boundaries
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Appendix H to Part 623--References
AR 1-4 Deployment of DA Resources in Support of the US Secret Service.
AR 15-17 Army Representation on Office of Preparedness; General Service
Administration (OP/GSA) Regional Field Boards in Crisis
Management Operations.
AR 28-19 Department of the Army Domestic Action Program.
AR 34-1 United States Army Participation in International Military
Rationalization/Standardization/Interoperability (RSI)
Programs.
AR 37-27 Accounting Policy and Procedures for Intragovernment,
Intradefense; and Intra-Army Transactions.
AR 37-44 Accounting Procedures for Guaranteed Loans.
AR 37-48 Accounting and Reporting for Materiel, Services, and
Facilities Furnished Allied Governments and International
Organizations Under Emergency or Combat Conditions.
[[Page 520]]
AR 37-60 Pricing for Materiel and Services.
AR 37-111 Working Capital Funds--Army Stock Fund; Uniform Policies,
Principles, and Procedures Governing Army Stock Fund
Operations.
AR 58-1 Management acquisition and use of administration use motor
vehicles.
AR 130-44 Logistical Policies for Support.
AR 190-11 Physical Security of Weapons, Ammunition, and Explosives.
AR 190-49 Physical Security of Arms, Ammunition, and Explosives In-
Transit.
AR 210-55 Funding Support for Morale, Welfare and Recreational
Programs, and Facilities.
AR 230-1 The Nonappropriated Fund System.
AR 350-7 Training and Evaluation of Forces for Civil Disturbances.
AR 360-61 Army Information--Community Relations.
AR 500-1 Aircraft Piracy Emergencies.
AR 500-2 Search and Rescue (SAR) Operations.
AR 500-50 Civil Disturbances.
AR 500-60 Disaster Relief.
AR 500-70 Military Support of Civil Defense.
AR 525-90 Wartime Search and Rescue (SAR) Procedures.
AR 700-32 Logistic Support of US Nongovernmental, Nonmilitary Agencies,
and Individuals in Oversea Military Commands.
AR 700-49 Loan of DSA Stock Fund Materiel.
AR 700-83 Army Support of United Seamen's Service.
AR 710-1 Centralized Inventory Management of the Army Supply System.
AR 710-2 Materiel Management for Using Units, Support Units, and
Installations.
AR 725-1 Requisition and Issue of Supplies and Equipment--Special
Authorization and Procedures for Issues, Sales, and Loans.
AR 725-50 Requisitioning, Receipt, and Issue System.
AR 735-5 Property Accountability--General Principles, Policies, and
Basic Procedures.
AR 735-11 Accounting for Lost, Damaged, and Destroyed Property.
AR 795-25 Policies, Responsibilities, and Principles for Supply Support
Arrangements.
AR 795-204 Policies and Procedures for Furnishing Defense Articles and
Services on a Sale or Loan Basis.
AR 870-15 Historical Activities, Army Art Collection.
AR 870-20 Historical Activities, Historical Properties and Museums.
AR 920-15 National Board for the Promotion of Rifle Practice and Office
of Director of Civilian Marksmanship.
AR 920-20 Civilian Marksmanship--Promotion of Practice with Rifled
Arms.
AR 920-25 Rifles M14M and M14N for Civilian Marksmanship Use.
AR 930-5 Service Organizations--American National Red Cross Service
Program and Army Utilization.
FM 20-150 Combatives.
MOU, 25 Apr 75, between DOD and Department of Agriculture and the
Interior.
MOU, 24 Jun 75, between DOD and the American National Red Cross for
Military Support.