---
kind: "section"
citation: "10 U.S.C. § 2244a"
title: "10"
title_heading: "Armed Forces"
number: "2244a"
heading: "Equipment scheduled for retirement or disposal: limitation on expenditures for modifications"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2244a"
units:
  - "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. Equipment scheduled for retirement or disposal: limitation on expenditures for modifications

- (a) **Prohibition.—** Except as otherwise provided in this section, the [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) may not carry out a modification of an aircraft, weapon, vessel, or other item of equipment that the [Secretary](/usc/10/4951.md?p=3) 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)](#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)](#a) does not apply to a modification in a case in which—
    - (A) the reusable items of value, as determined by the [Secretary](/usc/10/4951.md?p=3), installed on the item of equipment as part of such modification will, upon the retirement or [disposal](/usc/10/2700.md?p=2) 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](/usc/10/2700.md?p=2) and refurbishment of reusable items of value under [subparagraph (A)](#b-2-A)) is less than $1,000,000.
  - (3) **Exception for safety modifications.—** The prohibition in [subsection (a)](#a) does not apply to a safety modification.
- (c) **Waiver Authority.—** The [Secretary concerned](/usc/10/2801.md?p=c-5) may waive the prohibition in [subsection (a)](#a) in the case of any modification otherwise subject to that subsection if the [Secretary](/usc/10/4951.md?p=3) determines that carrying out the modification is in the [national security](/usc/10/801.md?p=16) interest of the [United States](/usc/10/101.md?p=a-1). Whenever the [Secretary](/usc/10/4951.md?p=3) issues such a waiver, the [Secretary](/usc/10/4951.md?p=3) shall notify the [congressional defense committees](/usc/10/101.md?p=a-16) in writing.

## Source credit

(Added Pub. L. 109–163, div. A, title III, § 372(a), Jan. 6, 2006, 119 Stat. 3209.)

## Notes

### 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.