S.Amdt. 4314Senate117th Congress (2021-2023)2nd degree

S.Amdt. 4314

Submitted November 4, 2021

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Senate amendment submitted

November 4, 2021

Text

Submitted

SA 4314. Ms. DUCKWORTH (for herself, Ms. Ernst, and Mrs. Fischer)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 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:

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

SEC. 318. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.

(a) Pilot Program Required.--
(1) In general.--The Secretary of Defense shall conduct a
pilot program on the use of sustainable aviation fuel by the
Department of Defense.
(2) Design of program.--The pilot program shall be designed
to--
(A) identify any logistical challenges with respect to the
use of sustainable aviation fuel by the Department;
(B) promote understanding of the technical and performance
characteristics of sustainable aviation fuel when used in a
military setting; and
(C) engage nearby commercial airports to explore
opportunities and challenges to partner on increased use of
sustainable aviation fuel.
(b) Selection of Facilities.--
(1) Selection.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
select not fewer than two geographically diverse facilities
of the Department at which to carry out the pilot program.
(B) Onsite refinery.--Not fewer than one facility selected
under subparagraph (A) shall be a facility with an onsite
refinery that is located in proximity to not fewer than one
major commercial airport that is

[[Page S7863]]

also actively seeking to increase the use of sustainable
aviation fuel.
(2) Notice to congress.--Upon the selection of each
facility under paragraph (1), the Secretary shall submit to
the appropriate committees of Congress notice of the
selection, including an identification of the facility
selected.
(c) Use of Sustainable Aviation Fuel.--
(1) Plans.--For each facility selected under subsection
(b), not later than one year after the selection of the
facility, the Secretary shall--
(A) develop a plan on how to implement, by September 30,
2028, a target of exclusively using at the facility aviation
fuel that is blended to contain not less than 10 percent
sustainable aviation fuel;
(B) submit the plan developed under subparagraph (A) to the
appropriate committees of Congress; and
(C) provide to the appropriate committees of Congress a
briefing on such plan that includes, at a minimum--
(i) a description of any operational, infrastructure, or
logistical requirements and recommendations for the blending
and use of sustainable aviation fuel; and
(ii) a description of any stakeholder engagement in the
development of the plan, including any consultations with
nearby commercial airport owners or operators.
(2) Implementation of plans.--For each facility selected
under subsection (b), during the period beginning on a date
that is not later than September 30, 2028, and for five years
thereafter, the Secretary shall require, in accordance with
the respective plan developed under paragraph (1), the
exclusive use at the facility of aviation fuel that is
blended to contain not less than 10 percent sustainable
aviation fuel.
(d) Criteria for Sustainable Aviation Fuel.--Sustainable
aviation fuel used under the pilot program shall meet the
following criteria:
(1) Such fuel shall be produced in the United States from
domestic feedstock sources.
(2) Such fuel shall constitute drop-in fuel that meets all
specifications and performance requirements of the Department
of Defense and the Armed Forces.
(e) Waiver.--The Secretary may waive the use of sustainable
aviation fuel at a facility under the pilot program if the
Secretary--
(1) determines such use is not feasible due to a lack of
domestic availability of sustainable aviation fuel or a
national security contingency; and
(2) submits to the congressional defense committees notice
of such waiver and the reasons for such waiver.
(f) Final Report.--
(1) In general.--At the conclusion of the pilot program,
the Assistant Secretary of Defense for Energy, Installations,
and Environment shall submit to the appropriate committees of
Congress a final report on the pilot program.
(2) Elements.--The report required by paragraph (1) shall
include each of the following:
(A) An assessment of the effect of using sustainable
aviation fuel on the overall fuel costs of blended fuel.
(B) A description of any operational, infrastructure, or
logistical requirements and recommendations for the blending
and use of sustainable aviation fuel, with a focus on scaling
up adoption of such fuel throughout the Armed Forces.
(C) Recommendations with respect to how military
installations can leverage proximity to commercial airports
and other jet fuel consumers to increase the rate of use of
sustainable aviation fuel, for both military and non-military
use, including potential collaboration on innovative
financing or purchasing and shared supply chain
infrastructure.
(D) A description of the effects on performance and
operation of aircraft using sustainable aviation fuel,
including--
(i) if used, considerations of various blending ratios and
their associated benefits;
(ii) efficiency and distance improvements of flights using
sustainable aviation fuel;
(iii) weight savings on large transportation aircraft and
other types of aircraft with using blended fuel with higher
concentrations of sustainable aviation fuel;
(iv) maintenance benefits of using sustainable aviation
fuel, including engine longevity;
(v) the effect of the use of sustainable aviation fuel on
emissions and air quality;
(vi) the effect of the use of sustainable aviation fuel on
the environment and on surrounding communities, including
environmental justice factors that are created by the demand
for and use of sustainable aviation fuel by the Department of
Defense; and
(vii) benefits with respect to job creation in the
sustainable aviation fuel production and supply chain.
(g) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) Sustainable aviation fuel defined.--The term
``sustainable aviation fuel'' means liquid fuel that--
(A) consists of synthesized hydrocarbon;
(B) meets the requirements of--
(i) ASTM International Standard D7566 (or successor
standard); or
(ii) the co-processing provisions of ASTM International
Standard D1655, Annex A1 (or successor standard);
(C) is derived from biomass (as such term is defined in
section 45K(c)(3) of the Internal Revenue Code of 1986),
waste streams, renewable energy sources, or gaseous carbon
oxides; and
(D) is not derived from palm fatty acid distillates.
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