National Defense Authorization Act For 2015 Moves Forward In Senate

Bergeson & Campbell, P.C.
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On December 12, 2014, the Senate passed a House amendment to the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 (NDAA FY15). The final version of the NDAA FY15 places restrictions on how the military is able to acquire biofuels by prohibiting funding from being used for bulk purchase of drop-in biofuels where the fully burdened cost of the biofuels is not cost competitive with the fully burdened cost of available traditional fuels. The bill defines a fully burdened cost as "the commodity price of the fuel plus the total cost of all personnel and assets required to move and, when necessary, protect the fuel from the point at which the fuel is received from the commercial supplier to the point of use."

In addition, the NDAA FY15 requires the Secretary of Defense, or the Secretary of the relevant military department, to submit a business case analysis to the Congressional defense committees at least 30 days before entering contracts for the "planning, design, refurbishment, or construction of a biofuels refinery, or of any other facility or infrastructure used to refine biofuels." The Congressional Budget Office has completed a review of the effect that the bill would have on direct spending and revenue and has determined that NDAA FY15 would result in a decrease in direct spending by $1.9 billion from 2015 to 2024.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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