S.Amdt. 1517

SA 1517. Mr. BUNNING submitted an amendment intended to be proposed by him to the bill S. 1390, to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 90, between lines 18 and 19, insert the following:

SEC. 335. MULTIYEAR CONTRACT AUTHORITY FOR DEPARTMENT OF DEFENSE FOR PROCUREMENT OF ALTERNATIVE FUELS.

(a) Multiyear Contracts for the Procurement of Alternative Fuels Authorized.--

(1) In general.--Chapter 141 of title 10, United States Code, is amended by adding at the end the following:

“SEC. 2410R. MULTIYEAR CONTRACT AUTHORITY: PURCHASE OF ALTERNATIVE FUELS.

“The head of an agency (as defined in section 2302) may enter into contracts for a period of not to exceed 20 years for the purchase of alternative fuels.”.

(2) Clerical amendment.--The table of sections of chapter 141 of title 10, United States Code, is amended by adding at the end the following:

“Sec. 2410r. Multiyear contract authority: purchase of alternative fuels.”.

(b) Regulations.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall issue regulations that authorize the head of an agency to enter into a multiyear contract as authorized by section 2410r of title 10, United States Code (as added by subsection (a)), only if the head of the agency has determined in writing that--

(1) there is a reasonable expectation that, throughout the contemplated contract period, the head of the agency will request funding for the contract at the level required to avoid contract cancellation;

(2) the technical risks associated with the technologies for the production of alternative fuel under the contract are not excessive; and

(3) the contract will contain appropriate pricing mechanisms to minimize risk to the Federal Government from significant changes in market prices for energy.

(c) Limitation on Use of Authority.--No contract may be entered into under section 2410r of title 10, United States Code (as so added), until the regulations required by subsection (b) are issued.