US Code

Public Law 119-83 (04/13/2026)

10 U.S.C. § 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 .—

section 1105(a) of title 31As part of the annual budget submission of the President under , 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)
section 2801 of this title The term “covered facility” means a facility (as defined in ), 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.

Pub. L. 118–159, div. B, title XXVIII, § 2841(a)138 Stat. 2262 Pub. L. 119–60, div. B, title XXVIII, § 2841139 Stat. 1316 (Added , , ; amended , , .)

Editorial Notes

Prior Provisions

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

Pub. L. 87–651, title I, § 112(c)76 Stat. 511 Pub. L. 89–718, § 2080 Stat. 1118 Pub. L. 91–646, title II, § 220(a)(3)84 Stat. 1903 Another prior section 2680, added , , ; amended , , , authorized reimbursement of moving expenses to owners of property acquired for public works projects, prior to repeal by , , . See section 4601 et seq. of Title 42, The Public Health and Welfare.

Amendments

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

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

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

Pub. L. 119–60, § 2841(4)Subsec. (e). , 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)124 Stat. 4464

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