10 U.S.C. § 2571 — Interchange of supplies and services

Page 1998 TITLE 10—ARMED FORCES § 2571 ‘‘(2) an electronic part is a suitable replacement for an obsolete electronic part if— ‘‘(A) the part could be substituted for an obsolete part without incurring unreasonable expense and without degrading system performance; and ‘‘(B) the part is or will be available in sufficient quantity to meet the requirements of such an ac- quisition program.’’ § 2571. Interchange of supplies and services (a) If either of the Secretaries concerned re- quests 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 or- ganization within the Department of Defense may, upon request, perform work and services for, or furnish supplies to, any other of those de- partments or organizations, with or without re- imbursement 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 de- partment or organization within the Depart- ment of Defense are assigned or detailed to an- other 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 estab- lish any regulation, program, or policy or take any other action which precludes, directly or in- directly, the Secretaries concerned from exer- cising the authority provided in this section. (e)(1) An order placed by a department or orga- nization on a reimbursable basis pursuant to subsection (b) shall be considered to be an obli- gation 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 143; Pub. L. 85–861, § 1(49), Sept. 2, 1958, 72 Stat. 1459; Pub. L. 99–167, title VIII, § 821, Dec. 3, 1985, 99 Stat. 991; Pub. L. 109–364, div. B, title XXVIII, § 2825(c)(1), (d)(1)(A), Oct. 17, 2006, 120 Stat. 2477; Pub. L. 117–81, div. A, title XII, § 1202, Dec. 27, 2021, 135 Stat. 1958.) 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 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 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 trans- ferred’’ are substituted for the words ‘‘The interchange . . . is authorized’’, since the words ‘‘without com- pensation’’ authorize a simple one-way transfer, while the word ‘‘interchange’’ normally means a mutual ex- change. 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 enumera- tion 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 organi- zations, 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 ‘‘sup- plies’’ 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 Sec- retary 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 So- cial 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 De- partment of Defense and its twelve special screening programs in distribution of surplus dental and medical supplies and equipment.’’ § 2572. Documents, historical artifacts, and con- demned or obsolete combat materiel: loan, gift, or exchange (a) The Secretary concerned may lend or give items described in subsection (c) that are not