§2819 — Title 10 Armed Forces | U.S. Code

Summary

Each military department head must create a plan to tear down buildings they run if those buildings are in poor or failing condition under the uniform index from section 2838 of the National Defense Authorization Act for Fiscal Year 2024, are not being used for operations, or are used less than their size would suggest. They must also calculate how much it costs the United States to keep buildings that are not in use or are underused. To decide if a building is underused, compare how much of it is occupied to its total square footage. By December 1, 2025, and every year after, each department head must check every building that was built at least 25 years before the assessment year to see if it is now historically important or will become so in the next 25 years. For buildings that are not (and will not be) historic, they must record the condition, decide if the building will be modernized or demolished in the next 25 years, and put these results into their digital facilities system. With the President’s budget for fiscal year 2027 and every year after, each department head must brief the congressional defense committees on the plan, the assessment results, the legal tools they have to demolish buildings, how they will carry out the plan, and recommendations to reduce the number of poor or failing buildings and the cost to maintain the assessed buildings.

Title 10, §2819

Armed Forces — Source: USLM XML via OLRC

(a)Each Secretary concerned shall develop a strategy to demolish facilities under the respective jurisdiction of each such Secretary that—

(1)are in poor or failing condition under the uniform index developed under section 2838 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31);

(2)are not in operational use; or

(3)such Secretary determines are underutilized.

(b)Each Secretary concerned shall conduct an assessment to determine the total cost to the United States to maintain facilities that—

(1)are not in operational use; and

(2)such Secretary determines are underutilized.

(c)In determining whether a facility is underutilized pursuant to subsections (a) or (b), each Secretary concerned shall compare the occupancy of such facility to the total square footage of such facility.

(d)(1)Not later than December 1, 2025, and on an annual basis thereafter, each Secretary concerned shall conduct an assessment of each facility under the jurisdiction of the Secretary concerned that was constructed at least 25 years prior to the year covered by the assessment to determine whether the facility—

(A)is historically significant; or

(B)will be historically significant at the end of the 25-year period beginning on the date of the completion of such assessment.

(2)For each facility described in paragraph (1) that a Secretary concerned determines is not, or will not be, historically significant pursuant to an assessment under such paragraph, the Secretary concerned shall—

(A)conduct an assessment of the condition of such facility;

(B)make an initial determination of whether such facility will be modernized or demolished during such 25-year period; and

(C)submit to the digital facilities management system of the military department under the jurisdiction of such Secretary—

(i)the results of the assessment under subparagraph (A); and

(ii)the initial determination required by subparagraph (B).

(3)If, during the course of any assessment of a facility described in paragraph (1), the Secretary concerned changes a determination with respect to the historic significance of the facility or plans of such Secretary to modernize or demolish the facility, such Secretary shall revise the information submitted to the applicable digital facilities management system pursuant to subparagraph (C) of paragraph (2).

(e)(1)Along with the budget for fiscal year 2027 submitted by the President pursuant to section 1105(a) of title 31, United States Code, and on an annual basis thereafter, each Secretary concerned shall provide to the congressional defense committees a briefing on—

(A)the strategy required by subsection (a); and

(B)the results of the assessments required by subsections (b) and (d).

(2)Each such briefing shall include—

(A)a summary of the existing authorities of each Secretary concerned to demolish the facilities covered by such strategy;

(B)a plan to implement such strategy; and

(C)recommendations of each such Secretary with respect to reducing—

(i)the inventory of facilities in poor or failing condition under the uniform index developed under section 2838 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31); and

(ii)the total cost to the United States to maintain the facilities covered by the assessment required by subsection (b) of such section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 2838 of the National Defense Authorization Act for Fiscal Year 2024, referred to in subsecs. (a)(1) and (e)(2)(C)(i), is section 2838 of Pub. L. 118–31, which is set out as a note preceding section 2851 of this title.

Amendments

2025—Subsec. (e). Pub. L. 119–60 inserted “the” before “congressional defense committees”.

§2819 Strategy and Assessment with Respect to Non-operational, Underutilized, and Other Department of Defense Facilities: Assessments of Historical Significance