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§2244a Equipment Scheduled for Retirement or Disposal: Limitation on Expenditures for Modifications

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

Last updated Sep 22, 2026|Official source

Summary

A military department head may not pay to modify an aircraft, weapon, ship, or other equipment if that item is planned to be retired or thrown away within five years after the modification would be finished. The rule does not apply to work that costs less than $100,000, to changes that add parts which will be removed, refurbished, and used on other equipment when the total cost (including removal and refurbishment) is under $1,000,000, or to safety fixes. The department head can make an exception if the change is needed for U.S. national security. If they do, they must notify the congressional defense committees in writing.

Title 10, §2244a

Armed Forces, Source: USLM XML via OLRC

(a)Prohibition.—

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)Exceptions.—

(1)Exception for below-threshold modifications.—

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

(2)Exception for transfer of reusable items of value.—

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)Exception for safety modifications.—

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

(c)Waiver Authority.—

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.