§2571 — Title 10 Armed Forces | U.S. Code

Summary

Allows one military service to give supplies to another without payment if one Secretary asks and the other agrees. A unit inside the Department of Defense can do work or send supplies to another DoD unit if its leader approves. Paid support is only allowed to help foreign partners under sections 333 and 345. If people are moved between DoD units with approval, their pay and moving costs can be charged to the receiving unit’s available funds. No other federal office can make rules that stop the Secretaries from doing this. Reimbursable orders count as official obligations like under 41 U.S.C. 6307, and any money repaid must be credited back to the supporting unit’s appropriation under section 2205 in the year(s) the support was given.

Title 10, §2571

Armed Forces — Source: USLM XML via OLRC

(a)If either of the Secretaries concerned requests it and the other approves, supplies may be transferred, without compensation, from one armed force to another.

(b)(1)If its head approves, a department or organization within the Department of Defense may, upon request, perform work and services for, or furnish supplies to, any other of those departments or organizations, with or without reimbursement or transfer of funds.

(2)Use of the authority under this section for reimbursable support is limited to support for the purpose of providing assistance to a foreign partner pursuant to section 333 and section 345 of this title.

(c)If military or civilian personnel of a department or organization within the Department of Defense are assigned or detailed to another of those departments or organizations, and if the head of the department or organization to which they are transferred approves, their pay and allowances and the cost of transporting their dependents and household goods may be charged to an appropriation that is otherwise available for those purposes to that department or organization.

(d)No agency or official of the executive branch of the Federal Government may establish any regulation, program, or policy or take any other action which precludes, directly or indirectly, the Secretaries concerned from exercising the authority provided in this section.

(e)(1)An order placed by a department or organization on a reimbursable basis pursuant to subsection (b) shall be considered to be an obligation in the same manner as an order placed under section 6307 of title 41.

(2)Amounts received as reimbursement shall be credited in accordance with section 2205 of this title to the appropriation of the supporting department or organization used in incurring the obligation in the year or years that support is provided.

Notes & Related Subsidiaries

Historical and Revision Notes

1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 2571(a) [now (b)]5:171t (less clause (2)).Oct. 29, 1949, ch. 787, § 621, 63 Stat. 1020. 2571(b) [now (c)]5:171t (clause 2)). In subsection (a), the words “After

June 30, 1949” are omitted as executed. The words “may perform work and services for, or furnish supplies to” are substituted for the words “services, work, supplies, materials, and equipment may be rendered or supplied”, since the word “supplies”, as defined in section 101(26) of this title, includes “equipment” and “material”. The words “upon request” are inserted for clarity. In subsection (b), the words “on a reimbursable or other basis as authorized by law”, “to duty”, and “naval” are omitted as surplusage. 1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 2571(a)14:640.

June 15, 1955, ch. 142, 69 Stat. 134. In subsection (a), the first 12 words are substituted for 14:640 (last 20 words). The words “may be transferred” are substituted for the words “The interchange . . . is authorized”, since the words “without compensation” authorize a simple one-way transfer, while the word “interchange” normally means a mutual exchange. The words “military stores . . . and equipment of every character” are omitted as covered by the word “supplies” as defined in section 101(26) of this title. The words “armed force” are substituted for the enumeration of the armed forces.

Editorial Notes

Amendments

2021—Subsec. (b). Pub. L. 117–81, § 1202(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “If its head approves, a department or organization within the Department of Defense may, upon request, perform work and services for, or furnish supplies to, any other of those departments or organizations, without reimbursement or transfer of funds.” Subsec. (e). Pub. L. 117–81, § 1202(2), added subsec. (e). 2006—Pub. L. 109–364, § 2825(d)(1)(A), substituted “supplies” for “property” in section catchline. Subsec. (a). Pub. L. 109–364, § 2825(c)(1), struck out “and real estate” after “supplies”. 1985—Subsec. (d). Pub. L. 99–167 added subsec. (d). 1958—Pub. L. 85–861, § 1(49)(A), substituted “property” for “supplies” in section catchline. Subsecs. (a) to (c). Pub. L. 85–861, § 1(49)(B), (C), added subsec. (a) and redesignated former subsecs. (a) and (b) as (b) and (c), respectively.

Statutory Notes and Related Subsidiaries

Distribution to Indian Health Service Facilities and Certain Health Centers; Property Disposal Priority Pub. L. 110–329, div. C, title VIII, § 8075, Sept. 30, 2008, 122 Stat. 3638, provided that: “(a) During the current fiscal year and hereafter, the Secretary of Defense, in coordination with the Secretary of Health and Human Services, may carry out a program to distribute surplus dental and medical equipment of the Department of Defense, at no cost to the Department of Defense, to Indian Health Service facilities and to federally-qualified health centers (within the meaning of section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))). “(b) In carrying out this provision, the Secretary of Defense shall give the Indian Health Service a property disposal priority equal to the priority given to the Department of Defense and its twelve special screening programs in distribution of surplus dental and medical supplies and equipment.”

§2571 Interchange of supplies and services