§2244a — Title 10 Armed Forces | U.S. Code

§2244a Equipment scheduled for retirement or disposal: limitation on expenditures for modifications

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 134— - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › Subchapter SUBCHAPTER I— - MISCELLANEOUS AUTHORITIES, PROHIBITIONS, AND LIMITATIONS ON THE USE OF APPROPRIATED FUNDS › § 2244a

Last updated Apr 6, 2026|Official source

Summary

The head of a military department cannot pay to change or upgrade a plane, weapon, ship, or other piece of equipment if they plan to retire or get rid of that item within five years after the upgrade would be finished. The rule does not apply if the upgrade costs less than $100,000, or if parts that can be reused will be removed, fixed up, and put on another item and the total cost (including removal and repair) is under $1,000,000, or if the change is for safety. The head can also approve an upgrade for national security reasons, but must tell the congressional defense committees in writing when they do.

Title 10, §2244a

Armed Forces — Source: USLM XML via OLRC

(a)Except as otherwise provided in this section, the Secretary of a military department may not carry out a modification of an aircraft, weapon, vessel, or other item of equipment that the Secretary plans to retire or otherwise dispose of within five years after the date on which the modification, if carried out, would be completed.

(b)(1)The prohibition in subsection (a) does not apply to a modification for which the cost is less than $100,000.

(2)The prohibition in subsection (a) does not apply to a modification in a case in which—

(A)the reusable items of value, as determined by the Secretary, installed on the item of equipment as part of such modification will, upon the retirement or disposal of the item to be modified, be removed from such item of equipment, refurbished, and installed on another item of equipment; and

(B)the cost of such modification (including the cost of the removal and refurbishment of reusable items of value under subparagraph (A)) is less than $1,000,000.

(3)The prohibition in subsection (a) does not apply to a safety modification.

(c)The Secretary concerned may waive the prohibition in subsection (a) in the case of any modification otherwise subject to that subsection if the Secretary determines that carrying out the modification is in the national security interest of the United States. Whenever the Secretary issues such a waiver, the Secretary shall notify the congressional defense committees in writing.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 105–56, title VIII, § 8053, Oct. 8, 1997, 111 Stat. 1232, which was set out as a note under section 2241 of this title, prior to repeal by Pub. L. 109–163, div. A, title III, § 372(c), 119 Stat. 3210.