HomeEthics Program ResourcesDoD Ethics GuidanceSOCO Advisories2007 SOCO AdvisoriesAdvisory 07-07 June 19, 2007

Advisory 07-07 June 19, 2007

The DoD Comptroller published on June 8, 2007 a revision to DoD 7000.14-R, the Financial Management Regulation (FMR), Volume 12, Chapter 3, which deals with gifts to the Department. It can be found here.

Section 0304 applies to gifts under the new statutory authority at 10 USC 2601(b), which authorizes the Secretary of Defense and the Secretaries of the Military Departments to accept and use gifts of property, money and services for the benefit of personnel who incur a wound, injury or illness in the line of duty, their dependents and survivors. The statute required the Secretary of Defense to prescribe regulations specifying conditions that may be attached to the gifts. Those conditions are prescribed and made applicable Department-wide at 030403.C.

Generic conditions applicable to all gifts offered to the Department are referenced at 030403.A. The authority to accept gifts to benefit the described members may now be exercised.

The Secretary delegated his authority to the DoD Comptroller by a separate letter of delegation. Through the FMR, the Comptroller is delegating authority to accept property and services to various OSD level organizations, and up to a value of $500,000 to DoD Defense Agencies, the Chairman of the Joint Chiefs of Staff, and the Combatant Commands. Only the DoD Comptroller and DFAS may accept money. The Military Departments may further delegate this authority.

Section 0303 gives the Secretary of Defense for the first time explicit authority under 10 USC 2601(a) to accept and use gifts of property and money for the benefit of the Department. At 030303.A., the generic conditions applicable to all gifts offered to the Department are referenced. As with section 2608, the Secretary delegated his authority to the DoD Comptroller, who further delegated the authority to accept property via the FMR to various OSD level organizations, and up to a value of $500,000 to DoD Defense Agencies, the Chairman of the Joint Chiefs of Staff, and the Combatant Commands. Only the DoD Comptroller and DFAS may accept money. The Military Departments already have delegations and applicable regulations in place. Section 0302 replaces the old chapter 3 dealing with gifts accepted under 10 USC 2608. It now contains an updated list of delegations for gifts of property. As with the prior sections, only the DoD Comptroller and DFAS may accept gifts of money, and as before, only the DoD Comptroller may accept services from foreign governments. This section contains the generic conditions applicable to all gifts offered to the Department along with updated rules on reporting gifts and handling gift accounts.

 

DISCLAIMER: The purpose of this advisory is to disseminate relevant information and sources of general guidance, policy and law on Government Ethics issues to the Department of Defense ethics community. Advisories are not intended to be and should not be cited as authoritative guidance, DoD policy, or law.