Modification of requirement with respect to minimum capital investment for facilities sustainment, restoration, and modernization for military departments

Section 2680 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in the heading, by inserting; treatment of certain amounts after Exclusion; (B) by inserting (1) before In making; and (C) by adding at the end the following new paragraph: (2) During the period the requirement under subsection (a) is effective, each Secretary of a military department may treat amounts appropriated for military construction used for the recapitalization of existing facilities under the jurisdiction of the Secretary during a given fiscal year as part of the total amount required to be invested under subsection (a)(2) in the budget of the military department for facilities sustainment, restoration, and modernization, except that such military construction funds may not comprise more than 20 percent of such total amount for such fiscal year.; and (2) by striking subsection (e) and inserting the following: (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; (ii) a facility in which the Department has a lesser property interest under a governing legal instrument; and (iii) housing constructed or acquired under subchapter IV of chapter 169 of this title; 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..