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

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

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Stable record: federal_law:legal_authorities:record_usc_24709e05fcd282b71096f934
Source file: Laws/federal/codes/united-states-code/title-10/section-2680-minimum-capital-investment-for-facilities-sustainment-restoration-and-mo--6dc0184145.md
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Source location: Title 10, Chapter 159, § 2680; chapter-159-real-property-related-personal-property-and-lease-of-non-excess-property.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2801&num=0&edition=prelim)), 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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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2801 — Scope of chapter; definitions

**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)). **(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law). **(c)** In this chapter and chapter 173 of this title: (1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) The term “facility” means a building, structure, or other improvement to real property. (3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure. (4) The term “mil

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1382c — Income; earned and unearned income defined; exclusions from income

**(a)** For purposes of this subchapter, income means both earned income and unearned income; and— (1) earned income means only— (A) wages as determined under [section 403(f)(5)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section403/f/5/C&num=0&edition=prelim) but without the application of [section 410(j)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/j/3&num=0&edition=prelim) (and, in the case of cash remuneration paid for service as a member of a uniformed service (other than payments described in paragraph (2)(H) of this subsection or subsection (b)(20)), without regard to the limitations contained in [section 409(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section409/d&num=0&edition=prelim)); (B) net earnings from self-employment, as defined in [section 411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section411&num=0&edition=prelim) (without the application of the second and third sentences following subsection (a)(11),11 So in original. Probably should be subsection “(a)(15),”. the last paragraph of subsection (a), and [section 410(j)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/j/3&num=0&edition=prelim)), including earnings for services described in paragraphs (4), (5), and (6) of subsection (c); (C) remuneration received for services performed in a sheltered workshop or work activities center; and (D) any royalty earned by an individual in connection with any publication of the work of the individual, and that portion of any honorarium which is received for services rendered; and (2) unearned income means all other income,

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1382c

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1382d — Resources

**(a) Exclusions from resources** In determining the resources of an individual (and his eligible spouse, if any) there shall be excluded— (1) the home (including the land that appertains thereto); (2) (A) household goods, personal effects, and an automobile, to the extent that their total value does not exceed such amount as the Commissioner of Social Security determines to be reasonable; and (B) the value of any burial space or agreement (including any interest accumulated thereon) representing the purchase of a burial space (subject to such limits as to size or value as the Commissioner of Social Security may by regulation prescribe) held for the purpose of providing a place for the burial of the individual, his spouse, or any other member of his immediate family; (3) other property which is so essential to the means of self-support of such individual (and such spouse) as to warrant its exclusion, as determined in accordance with and subject to limitations prescribed by the Commissioner of Social Security, except that the Commissioner of Social Security shall not establish a limitation on property (including the tools of a tradesperson and the machinery and livestock of a farmer) that is used in a trade or business or by such individual as an employee; (4) such resources of an individual who is blind or disabled and who has a plan for achieving self-support approved by the Commissioner of Social Security, as may be necessary for the fulfillment of such plan; (5) in the case of Natives of Alaska, shares of stock held in a Regional or a Village Corporation, during the period of twenty years in which such stock is inalienable, as provided in section 1606(h) and [section 1607(c) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1382d

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4601 — Definitions

As used in this chapter— (1) The term “Federal agency” means any department, agency, or instrumentality in the executive branch of the Government, any wholly owned Government corporation, the Architect of the Capitol, the Federal Reserve banks and branches thereof, and any person who has the authority to acquire property by eminent domain under Federal law. (2) The term “State” means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, the Trust Territory of the Pacific Islands, and any political subdivision thereof. (3) The term “State agency” means any department, agency, or instrumentality of a State or of a political subdivision of a State, any department, agency, or instrumentality of 2 or more States or of 2 or more political subdivisions of a State or States, and any person who has the authority to acquire property by eminent domain under State law. (4) The term “Federal financial assistance” means a grant, loan, or contribution provided by the United States, except any Federal guarantee or insurance, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual, and any annual payment or capital loan to the District of Columbia. (5) The term “person” means any individual, partnership, corporation, or association. (6) (A) The term “displaced person” means, except as provided in subparagraph (B)— (i) any person who moves from real property, or moves his personal property from real property— (I) as a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a Federal agency or with

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4601

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4621 — Declaration of findings and policy

**(a) Findings** The Congress finds and declares that— (1) displacement as a direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance is caused by a number of activities, including rehabilitation, demolition, code enforcement, and acquisition; (2) relocation assistance policies must provide for fair, uniform, and equitable treatment of all affected persons; (3) the displacement of businesses often results in their closure; (4) minimizing the adverse impact of displacement is essential to maintaining the economic and social well-being of communities; and (5) implementation of this chapter has resulted in burdensome, inefficient, and inconsistent compliance requirements and procedures which will be improved by establishing a lead agency and allowing for State certification and implementation. **(b) Policy** This subchapter establishes a uniform policy for the fair and equitable treatment of persons displaced as a direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance. The primary purpose of this subchapter is to ensure that such persons shall not suffer disproportionate injuries as a result of programs and projects designed for the benefit of the public as a whole and to minimize the hardship of displacement on such persons. **(c) Congressional intent** It is the intent of Congress that— (1) Federal agencies shall carry out this subchapter in a manner which minimizes waste, fraud, and mismanagement and reduces unnecessary administrative costs borne by States and State agencies in providing relocation assistance; (2) uniform procedures for the administration of relocation assistance shall, to the maximum extent feasible, assure that the unique circumstances of any d

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4621

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2680 — Minimum capital investment for facilities

Page 2087 TITLE 10—ARMED FORCES § 2680 ‘‘(d) BRIEFING.—Not later than 30 days after the date on which the Secretary issues the guidance under sub- section (c), the Secretary shall provide to the congres- sional defense committees [Committee on Armed Serv- ices and Committee on Appropriations of the Senate and House of Representatives] a briefing that summa- rizes the results of the review conducted under sub- section (a) and the guidance issued under subsection (c).’’ NOTIFICATION OF CERTAIN INTERGOVERNMENTAL SUPPORT AGREEMENTS Pub. L. 117–81, div. A, title VIII, § 876, Dec. 27, 2021, 135 Stat. 1865, provided that: ‘‘(a) NOTIFICATION REQUIRED.—During fiscal years 2022 and 2023, not less than 60 days before entering into an intergovernmental support agreement under section 2679 of title 10, United States Code, that is an exception to the requirements of chapter 85 of title 41, United States Code, the Secretary concerned shall submit, in writing, to the congressional defense committees [Com- mittee on Armed Services and Committee on Appro- priations of the Senate and House of Representatives] a report including the following relating to such agree- ment: ‘‘(1) The circumstances that resulted in the need to enter into an intergovernmental support agreement that included such exception. ‘‘(2) The anticipated benefits of entering into such agreement that included such exception. ‘‘(3) The anticipated impact on persons covered under such chapter 85 because of such exception. ‘‘(4) The extent to which such agreement complies with applicable policies, directives, or other guidance of the Department of Defense. ‘‘(b) RECOMMENDATIONS.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall submit to the congressional defense committees, along with the budget

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2680

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