10 U.S. Code § 2680 - Minimum capital investment for facilities sustainment, restoration, and modernization for military departments

(a) Minimum Investment.—

Beginning in fiscal year 2027, and each fiscal year thereafter, each Secretary of a military department shall—

(1) calculate (in accordance with subsection (b)) the cumulative plant replacement value of the total inventory of covered facilities on each military installation under the jurisdiction of the Secretary concerned; and

(2) invest in the budget for facilities sustainment, restoration, and modernization of that military department, a total amount equal to not less than the percentage specified in subsection (c) of the cumulative plant replacement value described in paragraph (1).

(b) Exclusion.—

In making any calculation pursuant to paragraph (1) of subsection (a), each Secretary of a military department shall exclude any covered facility under the jurisdiction of such Secretary that is scheduled for demolition during the two-year period beginning after the date of such calculation.

(c) Percentage Specified.—

The percentage of the specified in this subsection is—

(1) for fiscal year 2027, 1.75 percent;

(2) for fiscal year 2028, 2.5 percent;

(3) for fiscal year 2029, 3.25 percent; and

(4) for fiscal year 2030 and each subsequent fiscal year, 4 percent.

(d) Certification.—

As part of the annual budget submission of the President under section 1105(a) of title 31, each Secretary of each military department shall include—

(1) a certification to the congressional defense committees that the military department is in compliance with this section; and

(2) a list of covered facilities under the jurisdiction of that Secretary, disaggregated by military installation and location, that are scheduled for demolition during the two-year period beginning after the date of the submission of such budget, which shall include cost and schedule estimates.

(e) Definitions.—

In this section:

(1) The term “covered facility” means a facility (as defined in section 2801 of this title), except that such term does not include—

(A) a facility identified as closed, disposed of, or scheduled for divestment from the inventory of the Department of Defense;

(B) a facility in which the Department does not have a total ownership interest, including—

(i) a facility leased by the Department; and

(ii) a facility in which the Department has a lesser property interest under a governing legal instrument; or

(C) a facility for which the Department uses—

(i) nonappropriated funds; or

(ii) amounts appropriated or otherwise made available for military family housing.

(2) The term “plant replacement value” means, with respect to a covered facility, the cost to replace the covered facility using amounts appropriated for facilities sustainment, restoration, and modernization from the following accounts:

(A) Operation and maintenance.

(B) Military construction.

(C) Research, development, test, and evaluation.

(D) Working capital funds.

(Added Pub. L. 118–159, div. B, title XXVIII, § 2841(a), Dec. 23, 2024, 138 Stat. 2262; amended Pub. L. 119–60, div. B, title XXVIII, § 2841, Dec. 18, 2025, 139 Stat. 1316.)

Editorial Notes

Prior Provisions

A prior section 2680, added Pub. L. 102–190, div. B, title XXVIII, § 2863(a)(1), Dec. 5, 1991, 105 Stat. 1560; amended Pub. L. 103–160, div. B, title XXVIII, § 2807(a), Nov. 30, 1993, 107 Stat. 1887; Pub. L. 104–106, div. B, title XXVIII, § 2820(a), (b), Feb. 10, 1996, 110 Stat. 556; Pub. L. 106–65, div. A, title X, § 1067(1), div. B, title XXVIII, § 2811, Oct. 5, 1999, 113 Stat. 774, 851; Pub. L. 107–314, div. A, title X, § 1062(a)(13), Dec. 2, 2002, 116 Stat. 2650; Pub. L. 108–136, div. A, title X, § 1031(a)(31), Nov. 24, 2003, 117 Stat. 1600, related to leases of land for special operations activities, prior to repeal by Pub. L. 111–383, div. B, title XXVIII, § 2814(a), Jan. 7, 2011, 124 Stat. 4464.

Another prior section 2680, added Pub. L. 87–651, title I, § 112(c), Sept. 7, 1962, 76 Stat. 511; amended Pub. L. 89–718, § 20, Nov. 2, 1966, 80 Stat. 1118, authorized reimbursement of moving expenses to owners of property acquired for public works projects, prior to repeal by Pub. L. 91–646, title II, § 220(a)(3), Jan. 2, 1971, 84 Stat. 1903. See section 4601 et seq. of Title 42, The Public Health and Welfare.

Amendments

2025—Subsec. (a)(1). Pub. L. 119–60, § 2841(1), substituted “total inventory of covered facilities” for “total inventory of facilities”.

Subsec. (b). Pub. L. 119–60, § 2841(2), substituted “covered facility” for “facility”.

Subsec. (d)(2). Pub. L. 119–60, § 2841(3), substituted “covered facilities” for “facilities”.

Subsec. (e). Pub. L. 119–60, § 2841(4), added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “In this section, the term ‘plant replacement value’ means, with respect to a facility, the cost to replace such facility using construction costs (including labor and materials) and standards (including methodologies and codes) in effect as of the date such cost is calculated.”

Statutory Notes and Related Subsidiaries

Effect of Repeal

Pub. L. 111–383, div. B, title XXVIII, § 2814(b), Jan. 7, 2011, 124 Stat. 4464, provided that:

“The amendment made by subsection (a) [repealing former section 2680 of this title] shall not affect the validity of any contract entered into under section 2680 of title 10, United States Code, on or before September 30, 2005.”