Sec. 6. Procurement of sustainable aviation fuel by the Department of Defense
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Effective October 1, 2023, the Secretary of Defense shall make a bulk purchase of an amount of sustainable aviation fuel that is not less than 10 percent of the total amount of aviation fuel procured for operational purposes (as defined in section 2922h of title 10, United States Code) if— the cost of sustainable aviation fuel is competitive with the fully burdened cost of conventional jet fuel available for the same purpose; and the sustainable aviation fuel is refined or produced in the United States.
If the Secretary of Defense purchases sustainable aviation fuel that is blended with conventional jet fuel, the percentage of sustainable aviation fuel in such blend will be counted towards the percentage described in subsection (a). Before making a purchase under subsection (a), the Secretary of Defense or the Secretary concerned (as defined in section 101(a)(9) of title 10, United States Code) shall certify that the sustainable aviation fuel is suitable for use in aircrafts of the Department of Defense.
Subject to the requirements of paragraph (2), the Secretary of Defense may waive the requirement under subsection
(a)for reasons of national security, including the lack of available, qualifying sustainable aviation fuel. Not later than 30 days after issuing a waiver under this subsection, the Secretary shall submit to the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) notice of the waiver. Any such notice shall include each of the following: The rationale of the Secretary for issuing the waiver. A certification that the waiver is in the national security interest of the United States. The terms fully burdened cost and operational purposes have the meanings given such terms, respectively, in section 2922h of title 10, United States Code.