Modification of calculation of minimum capital investment for facilities sustainment, restoration, and modernization

Section 2680 of title 10, United States Code, is amended— (1) in subsection (a)(1)— (A) by striking subsection (b) and inserting subsection (b)(1); and (B) by inserting, including amounts obligated under eligible performance-based contracts, after facilities; (2) in subsection (b)— (A) by striking In making and inserting (1) In making; and (B) by adding at the end the following new paragraph: (2) For purposes of the minimum investment required under paragraph (2) of subsection (a), only amounts obligated for execution during the relevant fiscal year, not any planned, projected, or anticipated obligations, may be credited toward such requirement.; and (3) in subsection (e)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph (2): (2) The term eligible performance-based contract means an energy savings performance contract, utility energy savings contract, or other performance-based arrangement under which— (A) the contract or arrangement is fully executed; (B) all private financing associated with such contract or arrangement is secured and obligated; and (C) the Department of Defense is legally committed to payments under the contract or arrangement..