# § 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.
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**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.)
## Editorial Notes
### Prior Provisions
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 , , .
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
2025—Subsec. (a)(1). , substituted “total inventory of covered facilities” for “total inventory of facilities”.
Subsec. (b). , substituted “covered facility” for “facility”.
Subsec. (d)(2). , substituted “covered facilities” for “facilities”.
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
> “The amendment made by subsection (a) [repealing former
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> ] shall not affect the validity of any contract entered into under
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> , United States Code, on or before
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> .”
, , , provided that: