---
kind: "section"
citation: "10 U.S.C. § 2680"
title: "10"
title_heading: "Armed Forces"
number: "2680"
heading: "Minimum capital investment for facilities sustainment, restoration, and modernization for military departments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2680"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 159 — Real Property; Related Personal Property; and Lease of Non-Excess Property"
---

# §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](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) shall—
  - (1) calculate (in accordance with [subsection (b)](#b)) the cumulative plant replacement value of the total inventory of covered [facilities](/usc/10/2700.md?p=2) on each [military installation](/usc/10/2801.md?p=c-4) under the jurisdiction of the [Secretary concerned](/usc/10/2801.md?p=c-5); and
  - (2) invest in the budget for [facilities](/usc/10/2700.md?p=2) sustainment, restoration, and modernization of that [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6), a total amount equal to not less than the percentage specified in [subsection (c)](#c) of the cumulative plant replacement value described in [paragraph (1)](#a-1).
- (b) **Exclusion.—** In making any calculation pursuant to [paragraph (1)](#a-1) of subsection (a), each [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) shall exclude any covered [facility](/usc/10/2700.md?p=2) under the jurisdiction of such [Secretary](/usc/10/4951.md?p=3) 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](/usc/31/1105.md?p=a), each [Secretary](/usc/10/4951.md?p=3) of each [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) shall include—
  - (1) a certification to the [congressional defense committees](/usc/10/101.md?p=a-16) that the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) is in compliance with this section; and
  - (2) a list of covered [facilities](/usc/10/2700.md?p=2) under the jurisdiction of that [Secretary](/usc/10/4951.md?p=3), disaggregated by [military installation](/usc/10/2801.md?p=c-4) 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](/usc/10/2700.md?p=2)” means a [facility](/usc/10/2700.md?p=2) (as defined in [section 2801 of this title](/usc/10/2801.md)), except that such term does not include—
    - (A) a [facility](/usc/10/2700.md?p=2) identified as closed, disposed of, or scheduled for divestment from the inventory of the [Department](/usc/10/101.md?p=a-6) of Defense;
    - (B) a [facility](/usc/10/2700.md?p=2) in which the [Department](/usc/10/101.md?p=a-6) does not have a total ownership interest, including—
      - (i) a [facility](/usc/10/2700.md?p=2) leased by the [Department](/usc/10/101.md?p=a-6); and
      - (ii) a [facility](/usc/10/2700.md?p=2) in which the [Department](/usc/10/101.md?p=a-6) has a lesser property interest under a governing legal instrument; or
    - (C) a [facility](/usc/10/2700.md?p=2) for which the [Department](/usc/10/101.md?p=a-6) uses—
      - (i) nonappropriated funds; or
      - (ii) amounts appropriated or otherwise made available for [military](/usc/10/801.md?p=8) family housing.
  - (2) The term “plant replacement value” means, with respect to a covered [facility](/usc/10/2700.md?p=2), the cost to replace the covered [facility](/usc/10/2700.md?p=2) using amounts appropriated for [facilities](/usc/10/2700.md?p=2) sustainment, restoration, and modernization from the following accounts:
    - (A) Operation and maintenance.
    - (B) [Military construction](/usc/10/2801.md?p=a).
    - (C) Research, development, test, and evaluation.
    - (D) Working capital funds.

## Source credit

(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.)

## Notes

### 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.”