II 

112TH CONGRESS 

1ST SESSION S. 212 

To amend title 10, United States Code, to authorize long-term contracts 

for the procurement of certain liquid transportation fuels for the Department of Defense. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 27, 2011 

Mr. BAUCUS (for himself and Mr. TESTER) introduced the following bill; 

which was read twice and referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to authorize longterm contracts for the procurement of certain liquid 

transportation fuels for the Department of Defense. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Freedom Fuels Act 

5 of 2011’’. 


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1 SEC. 2. AUTHORITY FOR LONG-TERM CONTRACTS FOR PRO2 CUREMENT OF CERTAIN LIQUID TRANSPOR3 TATION FUELS FOR THE DEPARTMENT OF 

4 DEFENSE. 

5 (a) AUTHORITY.—Subchapter II of chapter 173 of 

6 title 10, United States Code, is amended by adding at the 

7 end the following new section: 

8 ‘‘§ 2922h. Liquid fuels: contracts for procurement of 

9 certain transportation fuels 

10 ‘‘(a) AUTHORITY TO CONTRACT.—The Secretary of 

11 Defense may enter into one or more contracts for the pro12 curement of fuels described in subsection (b) for the De13 partment of Defense. 

14 ‘‘(b) COVERED FUELS.—A fuel described in this sub15 section is a liquid transportation fuel, including jet fuel, 

16 that— 

17 ‘‘(1) meets the requirements of section 526 of 

18 the Energy Independence and Security Act of 2007 

19 (42 U.S.C. 17142); 

20 ‘‘(2) uses a feedstock that is produced within a 

21 State; and 

22 ‘‘(3) is refined, manufactured, or produced in a 

23 State. 

24 ‘‘(c) PERIOD OF CONTRACT.—The period of a con25 tract entered into under subsection (a) may not exceed 

26 10 years. 


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1 ‘‘(d) PROHIBITION ON OPTIONS.—A contract under 

2 subsection (a) may not include any options that would ex3 tend the overall period of the contract beyond 10 years. 

4 ‘‘(e) REPORTS ON CONTRACTS.—Not later than three 

5 years after entering into a contract under subsection (a), 

6 the Secretary of Defense shall submit to Congress a report 

7 on the contract. The report shall include the following: 

8 ‘‘(1) A description of the performance of the 

9 contract, including an assessment whether the con10 tract is yielding savings to the Department when 

11 compared with the procurement of fuels that meet 

12 the requirements referred to in subsection (b) but 

13 are not procured under the authority in subsection 

14 (a). 

15 ‘‘(2) In consultation with the Secretary of En16 ergy, an assessment whether the contract has stimu17 lated the development of domestic energy infrastruc18 ture, and an assessment whether lengthening the 

19 maximum authorized period of contract in sub20 section (c) would further stimulate the development 

21 of domestic energy infrastructure. 

22 ‘‘(3) An assessment whether the expanded use 

23 of contracts as authorized by subsection (a) have re24 duced, or can reduce, the vulnerability of the De25 partment to disruptions in the global oil supply, and 


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1 an assessment whether lengthening the maximum 

2 authorized period of contract in subsection (c), could 

3 further reduce the vulnerability of the Department 

4 to such disruptions. 

5 ‘‘(f) STATE DEFINED.—In this section, the term 

6 ‘State’— 

7 ‘‘(1) means each of the several States; and 

8 ‘‘(2) includes any land under the jurisdiction of 

9 an Indian tribe located in any of the several 

10 States.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of subchapter II of chapter 173 of such 

13 title is amended by adding at the end the following new 

14 item: 

‘‘2922h. Liquid fuels: contracts for procurement of certain transportation 

fuels.’’. 

Æ 


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