1. References.
a.
Title 10, U.S. Code, section 2572 (10 U.S.C. section 2572) (Documents, historical artifacts, and condemned or obsolete combat materiel: loan, gift, or exchange)
b.
20 U.S.C. § 60 (Army articles furnished to National Museum)
c.
31 U.S.C. § 1535 (Agency agreements)
d.
36 U.S.C. § 2301 (Establishment of the United States Holocaust Memorial Museum; functions)
e.
Army Regulation (AR) 700-131 (Loan, Lease, and Donation of Army Materiel), 23 August 2004
f.
AR 870-20 (Army Museum Enterprise and Army Artifact Collection), 27 June 2022
2. Purpose.
This directive establishes interim guidance to amend policy and responsibilities for the loan, lease, and donation of Army materiel, and prescribes procedures for the U.S. Army Center of Military History (CMH) to conduct outgoing loans of Army artifacts.
3. Applicability.
The provisions of this directive apply to the Regular Army, Army National Guard/Army National Guard of the United States, and U.S. Army Reserve.
4. Policy.
Where this policy conflicts with any other Army regulation, this directive is controlling.
a.
The Secretary of the Army is authorized under 10 U.S.C. § 2572, at no cost to the government, to lend or give “books, manuscripts, works of art, historical artifacts, drawings, plans, models, and condemned or obsolete combat materiel” to any of the following organizations that may qualify to receive Army artifacts for static display purposes:
(1)
A municipal corporation, county, or other political subdivision of a State.
(2)
A servicemembers’ monument association.
(3)
A museum, historical society, or historical institution of a state or a foreign nation or a nonprofit military aviation heritage foundation or association incorporated in a state.
(4)
An incorporated museum or memorial that is operated and maintained for educational purposes only and the charter of which denies it the right to operate for profit such as:
- Department of Defense (DoD) Museums
- Non-DoD Federal Museums
- The Smithsonian Institute
(5)
A post of the Veterans of Foreign Wars of the United States, a post of the American Legion, or a unit of any other recognized war veterans’ association.
(6)
A local or national unit of any war veterans’ association of a foreign nation that is recognized by the national government of that nation (or by the government of one of the principal political subdivisions of that nation).
(7)
A post of the Sons of Veterans Reserve.
b. CMH Control of Loans
CMH will control all loans of Army artifacts, including art, pursuant to 10 U.S.C. § 2572(d).
Army artifacts may be initially loaned for a period of up to 5 years.
Loan extensions in increments of up to 5 years may be approved.
The CMH Museums Directorate (ATMH-MD) will prepare the loan agreements and loan extensions via a Department of the Army Form 5575.
Indefinite loans are not authorized.
Approval authority is dependent on the borrowing organization, as designated in this paragraph.
(1) Loans to DoD Museums and Activities.
Historical artifacts and works of art may be loaned to DoD museums and activities if both parties agree and CMH approves in writing.
The CMH Director of Army Museums may approve initial loans for a period of up to 5 years and extensions in increments of up to 5 years thereafter.
(2) Loans to Federal Museums.
Historical artifacts and works of art may be loaned to non-DoD Federal museums if both parties agree and CMH approves in writing.
The CMH Director of Army Museums may approve initial loans for a period of up to 5 years and extensions in increments of up to 5 years thereafter.
(3) Non-Federal Museums and Other Organizations Designated Under 10 U.S.C. § 2572.
Historical artifacts and works of art may be loaned to non-Federal museums and other organizations designated under 10 U.S.C. § 2572 if both parties agree and CMH approves in writing.
The CMH Executive Director may approve initial loans for a period of up to 5 years and extensions in increments of up to 5 years thereafter.
c. Unconditional Donations.
(1)
CMH will control all unconditional donations of Army artifacts and artwork, other than those cited in AR 700-131, paragraph 6-2a(2).
CMH control will consist of:
- Qualifying all recipients prior to an unconditional donation.
- Maintenance of a central registry of all donations conducted under 10 U.S.C. § 2572.
CMH will qualify recipients of unconditional donations of historic property in the Army Artifact Collection.
(2)
Items authorized for unconditional donation are restricted to:
- Books
- Manuscripts
- Works of art
- Drawings
- Plans and models
- Historical artifacts
Other than those cited in AR 700-131, paragraph 6-2a(2).
The CMH Executive Director is the signature authority for unconditional donation of historical items.
(3)
Donations will be conditional unless the item:
- Is valued at less than $10,000.
- Is not a munitions list item, strategic-list item, or commerce-controlled list item.
- Is not currently required, or projected to be required in the future, by the Army.
Conditional donations remain subject to the current AR 700-131.
5. Responsibilities.
a. Assistant Secretary of the Army (Acquisition, Logistics and Technology) (ASA (ALT))
Pursuant to AR 700-131, the ASA (ALT) has been delegated the authority to act for the Secretary of the Army in logistics matters, authority over 10 U.S.C. § 2572(a) transactions, and authority to act as the Secretariat focal point for:
- Counterdrug operations
- Civil disturbance operations
- Disaster relief operations
The ASA (ALT) has authority to:
- Approve loans, leases, and donations of fielded Army equipment.
- Approve leases to DoD contractors of prototype and developmental equipment in support of research and development initiatives and/or sales demonstrations to foreign countries.
b. Deputy Assistant Secretary of the Army (Defense Exports and Cooperation)
Will process equipment or systems leases to foreign countries pursuant to the Arms Export Control Act of 1976.
c. Deputy Chief of Staff (DCS), G-3/5/7
Will act on loan and lease requests that involve people and equipment.
The Director of Operations, Readiness, and Mobilization is the Lead DoD and Army Staff action agent supporting the DoD main office in:
- Domestic disaster-assistance matters
- Civil-disturbance operations
- Immigration emergencies
d. Deputy Chief of Staff (DCS), G-4
Has Army Staff responsibility for policies concerning the loan, lease, and donation of Army materiel, including responsibility for loans of Component 1 medical materiel.
The DCS, G-4 will:
(1)
Prescribe logistics policies and priorities for all munitions and weapons used in the Avalanche Control Program (ACP).
(a)
Review and approve loan or lease requests for weapons in accordance with this directive.
(b)
Sign a memorandum of agreement (MOA) or interagency agreements on behalf of the Army.
The State or Federal agency signatory will be of equivalent rank or be responsible for their agency ACP.
(c)
Require a legal review prior to signature of all MOAs.
(d)
Ensure all MOAs have an expiration date not to exceed 5 years from the date signed by both parties.
(e)
Ensure that if an agreement is to remain in effect after the 5-year period, it can be resigned in conjunction with the fourth annual review or the last required review prior to a lesser agreed-on expiration date.
(2)
The Chief of the Major End Items Division is responsible for acting on loan and lease requests and extensions forwarded for Headquarters, Department of the Army review.
In addition, the Chief will act on resolving delinquent loans and leases forwarded for resolution by the U.S. Army Materiel Command.
(3)
The Chief, Strategic Plans and Integration Division, Strategic Mobility Branch (DALO-OPM) provides specific guidance for loan of Army materiel held in war reserves or designated operational project stocks.
e. Center of Military History (CMH)
CMH will qualify all artifact loan recipients as a part of the final loan approval by the CMH Executive Director or the Director of Army Museums.
CMH will:
- Maintain loan records.
- Track annual verification reports between the CMH lending activity and borrowing organization.
- Conduct periodic inspections of loaned property (if required).
- Enforce the terms of the loan agreement.
Ensuring that all loan recipients meet qualifications pursuant to 10 U.S.C. § 2572 and DoD Manual 4160.21.
6. Proponent.
Within 2 years of the date of this directive:
- The DCS, G-4 will incorporate its provisions into AR 700-131.
- The Administrative Assistant to the Secretary of the Army will incorporate its provisions into AR 870-20.
7. Duration.
This directive is rescinded on publication of the revised regulations.
DISTRIBUTION
- Principal Officials of Headquarters, Department of the Army
- Commander
- U.S. Army Forces Command
- U.S. Army Transformation and Training Command
- U.S. Army Materiel Command
- U.S. Army Pacific
- U.S. Army Europe and Africa
- U.S. Army Central
- U.S. Army North
- U.S. Army South
- U.S. Army Special Operations Command
- U.S. Army Transportation Command
- U.S. Army Space and Missile Defense Command/Army Strategic Command
- U.S. Army Cyber Command
- U.S. Army Medical Command
- U.S. Army Intelligence and Security Command
- U.S. Army Corps of Engineers
- U.S. Army Audit Agency
- U.S. Army Military District of Washington
- U.S. Army Test and Evaluation Command
- U.S. Army Human Resources Command
- U.S. Army Corrections Command
- Superintendent, U.S. Military Academy
- Director, U.S. Army Criminal Investigation Division
- Director, U.S. Army Civilian Human Resources Agency
- Executive Director, Military Postal Service Agency
- Director, U.S. Army Joint Counter-Small Unmanned Aircraft Systems Office
- Superintendent, Arlington National Cemetery
- Director, U.S. Army Acquisition Support Center
CF:
- Commander, Eighth Army