10 U.S.C. § 2680

1. (a)Beginning in fiscal year 2027, and each fiscal year thereafter, each Secretary of a military department shall—
   1. (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. (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).
2. (b)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.
3. (c)The percentage of the specified in this subsection is—
   1. (1)for fiscal year 2027, 1.75 percent;
   2. (2)for fiscal year 2028, 2.5 percent;
   3. (3)for fiscal year 2029, 3.25 percent; and
   4. (4)for fiscal year 2030 and each subsequent fiscal year, 4 percent.
4. (d)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. (1)a certification to the congressional defense committees that the military department is in compliance with this section; and
   2. (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.
5. (e)In this section:
   1. (1)The term “covered facility” means a facility (as defined in section 2801 of this title), except that such term does not include—
      1. (A)a facility identified as closed, disposed of, or scheduled for divestment from the inventory of the Department of Defense;
      2. (B)a facility in which the Department does not have a total ownership interest, including—
         1. (i)a facility leased by the Department; and
         2. (ii)a facility in which the Department has a lesser property interest under a governing legal instrument; or
      3. (C)a facility for which the Department uses—
         1. (i)nonappropriated funds; or
         2. (ii)amounts appropriated or otherwise made available for military family housing.
   2. (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:
      1. (A)Operation and maintenance.
      2. (B)Military construction.
      3. (C)Research, development, test, and evaluation.
      4. (D)Working capital funds.