PRIA, Government Policy, Made Personal

Summary

Secretaries of the military can move supplies from one service to another at no cost if one asks and the other agrees. A DoD department or organization can, if its leader approves and someone asks, do work or give supplies to another DoD group, and the help can be paid for or free. If the help is paid for, it can only be used to assist a foreign partner under sections 333 and 345. When military or civilian people are sent to work in another DoD department and the receiving leader agrees, their pay, allowances, and the cost to move their dependents and household goods can be charged to the receiving department’s available funds for those purposes. No executive branch agency or official may make a rule, program, or take action that stops the Secretaries from using these powers. A reimbursable order under the above rule counts as an obligation like an order under section 6307 of title 41. Money paid back as reimbursement must be credited to the supporting department’s appropriation under section 2205 in the year or years the support was provided.

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