To require a report on the authorities available to the Department of Defense for multiyear contracts for the purchase of advanced biofuels.

1. Adds SEC. 827. MULTIYEAR CONTRACTS FOR ADVANCED BIOFUEL at the end of subtitle B of title VIII

   Adds a section

   In S. 1867 · Placed on Calendar Senate

   (2) Rothe Development Corporation. v. Department of Defense, 545 F.3d 1023 (2008).

   Inserted: SEC. 827. MULTIYEAR CONTRACTS FOR ADVANCED BIOFUEL.

   Inserted: (a) Civilian Agency Contracts.--Subsection (a) of section 3903 of title 41, United States Code, is amended to read as follows:

   Inserted: "(a) Definitions.--For the purposes of this section:

   Inserted: "(1) Multiyear contract.--The term 'multiyear contract'--

   Inserted: "(A) means a contract for the purchase of property or services for more than one, but not more than five, program years, except as provided in subparagraph (B);

   Inserted: "(B) in the case of a contract for the purchase of advanced biofuel, means a contract for the purchase of such fuel for a period of up to 15 program years; and

   Inserted: "(C) may provide that performance under the contract during the second and subsequent years of the contract is contingent upon the appropriation of funds and (if it does so provide) may provide for a cancellation payment to be made to the contractor if such appropriations are not made.

   Inserted: "(2) Advanced biofuel.--The term 'advanced biofuel' has the meaning given such term in section 211(o)(1)(B) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)).".

   Inserted: (b) Defense Contracts.--Subsection (k) of section 2306b of title 10, United States Code, is amended to read as follows:

   Inserted: "(k) Definitions.--For the purposes of this section:

   Inserted: "(1)(A) Except as provided in subparagraph (B), the term 'multiyear contract' means a contract for the purchase of property or services for more than one, but not more than five, program years.

   Inserted: "(B) In the case of a contract for the purchase of advanced biofuel, the term 'multiyear contract' means a contract for the purchase of such fuel for a period of up to 15 program years.

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   Inserted: "(C) Such a contract may provide that performance under the contract during the second and subsequent years of the contract is contingent upon the appropriation of funds and (if it does so provide) may provide for a cancellation payment to be made to the contractor if such appropriations are not made.

   Inserted: "(2) The term 'advanced biofuel' has the meaning given such term in section 211(o)(1)(B) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)).".

   Inserted: (c) Effective Date.--The amendments made by this section shall apply to contracts entered into on or after the date occurring 180 days after the date of the enactment of this Act.

   Original wording

   At the end of subtitle B of title VIII, add the following:

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As printed