S.Amdt. 1644

SA 1644. Mr. BROWNBACK 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 270, between lines 5 and 6, insert the following:

SEC. 8__. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.

Section 526 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17142) is amended to read as follows:

“SEC. 526. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.

“(a) In General.--Except as provided in subsection (b), no Federal agency shall enter into a contract for procurement of an alternative or synthetic fuel, including a fuel produced from nonconventional petroleum sources, for any mobility-related use other than for research or testing, unless the contract specifies that the lifecycle greenhouse gas emissions associated with the production and combustion of the fuel supplied under the contract, on an ongoing basis, be less than or equal to such emissions from the equivalent conventional fuel produced from conventional petroleum sources.

“(b) Exceptions.--Subsection (a) shall not prohibit a Federal agency from entering into a contract to purchase a generally available fuel that is produced, in whole or in part, from a nonconventional petroleum source if--

“(1) the contract does not specifically require the contractor to provide a fuel from a nonconventional petroleum source;

“(2) the purpose of the contract is not to obtain a fuel from a nonconventional petroleum source; and

“(3) the contract does not provide incentives (excluding compensation at market prices for the purchase of fuel purchased) for a refinery upgrade or expansion to allow a refinery to use or increase the use by the refinery of fuel from a nonconventional petroleum source.”.