Title 10 — Armed Forces
Part IV · Chapter 153 — Exchange of Material and Disposal of Obsolete, Surplus, or Unclaimed Property
§ 2571. Interchange of supplies and services
Statutory text
If either of the Secretaries concerned requests it and the other approves, supplies may be transferred, without compensation, from one armed force to another.
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.
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.
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.
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.
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Aug. 10, 1956, ch. 1041, 70A Stat. 143 · 70A Stat. 143
Enacted · 10 U.S.C. § 2571
Aug. 10, 1956, ch. 1041, 70A Stat. 143
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 143Pub. L. 85–861 § 1(49)(A) · 72 Stat. 1437
Substituted · 10 U.S.C. § 2571
Pub. L. 85–861, § 1(49)(A), substituted “property” for “supplies” in section catchline
Source evidence
Code amendment note
Pub. L. 85–861, § 1(49)(A), substituted “property” for “supplies” in section catchline.Enacted provision · exact public law section
(1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”Pub. L. 85–861 § 1(49)(B) · 72 Stat. 1437
Added · 10 U.S.C. § 2571(a)(c)
Pub. L. 85–861, § 1(49)(B), (C), added subsec. (a)
Redesignated · 10 U.S.C. § 2571(a)(c)
Pub. L. 85–861, § 1(49)(B), (C), redesignated former subsecs. (a) and (b) as (b) and (c), respectively
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”Military Construction Authorization Act, 1986
Pub. L. 99–167 title VIII § 821 · 99 Stat. 961
Added · 10 U.S.C. § 2571(d)
Pub. L. 99–167 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 99–167 added subsec. (d).Enacted provision · exact public law section
SEC. 821. INTERSERVICE EXCHANGES Section 2571 of title 10, United States Code, is amended by adding at the end the following new subsection: “(d) No agency or official of the executive branch of the Federal Prohibition. 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.”.Military Construction Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 2825(d)(1)(A) · 120 Stat. 2083
Substituted · 10 U.S.C. § 2571
Pub. L. 109–364, § 2825(d)(1)(A), substituted “supplies” for “property” in section catchline
Source evidence
Code amendment note
Pub. L. 109–364, § 2825(d)(1)(A), substituted “supplies” for “property” in section catchline.Enacted provision · exact public law section
(A) The heading of section 2571 of such title is amended to read as follows: “§ 2571. Interchange of supplies and services” .Military Construction Authorization Act for Fiscal Year 2007
Pub. L. 109–364 § 2825(c)(1) · 120 Stat. 2083
Struck · 10 U.S.C. § 2571(a)
Pub. L. 109–364, § 2825(c)(1), struck out “and real estate” after “supplies”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–364, § 2825(c)(1), struck out “and real estate” after “supplies”.Enacted provision · exact public law section
(1) Conforming amendment to authority on interchange of property and services.— Section 2571(a) of such title is amended by striking “and real estate”.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 1202(1) · 135 Stat. 1541
Amended · 10 U.S.C. § 2571(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(1) by amending subsection (b) to read as follows: “(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.” ; andNational Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 1202(2) · 135 Stat. 1541
Added · 10 U.S.C. § 2571(e)
Pub. L. 117–81, § 1202(2), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 117–81, § 1202(2), added subsec. (e).Enacted provision · exact public law section
(2) by adding at the end the following new subsection: “(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.” .
8 of 9 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1956 Act | ||
| Revised section | Source (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 ” 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.
historicalAndRevision
| 1958 Act | ||
|---|---|---|
| Revised section | Source (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
Amendments1958–2021 · 4 rounds
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, , 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.”
Credits
1956–2021 · 5 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 143
- 1958Pub. L. 85–861, § 1(49), , 72 Stat. 1459
- 1985Pub. L. 99–167, title VIII, § 821, , 99 Stat. 991
- 2006Pub. L. 109–364, div. B, title XXVIII, § 2825(c)(1), (d)(1)(A), , 120 Stat. 2477
- 2021Pub. L. 117–81, div. A, title XII, § 1202, , 135 Stat. 1958.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 143; Pub. L. 85–861, § 1(49), , 72 Stat. 1459; Pub. L. 99–167, title VIII, § 821, , 99 Stat. 991; Pub. L. 109–364, div. B, title XXVIII, § 2825(c)(1), (d)(1)(A), , 120 Stat. 2477; Pub. L. 117–81, div. A, title XII, § 1202, , 135 Stat. 1958.)