### SUBCHAPTER II—ENERGY-RELATED PROCUREMENT

Sec.
2922.
Liquid fuels and natural gas: contracts for storage, handling, or distribution.
2922a.
Contracts for energy or fuel for military installations.
2922b.
Procurement of energy systems using renewable forms of energy.
2922c.
Procurement of gasohol as motor vehicle fuel.
2922d.
Procurement of fuel derived from coal, oil shale, and tar sands.
2922e.
Acquisition of certain fuel sources: authority to waive contract procedures; acquisition by exchange; sales authority.
2922f.
Preference for energy efficient electric equipment.
2922g.
Preference for motor vehicles using electric or hybrid propulsion systems; purchase or lease of certain electric and other vehicles.
2922h.
Limitation on procurement of drop-in fuels.
2922i.
Multiyear contracts: purchase of electricity from renewable energy sources.

#### **Editorial Notes**

#### Amendments

**2022**—Pub. L. 117–263, div. A, title III, §317(b), Dec. 23, 2022, 136 Stat. 2507, added item 2922g and struck out former item 2922g "Preference for motor vehicles using electric or hybrid propulsion systems".

**2021**—Pub. L. 116–283, div. A, title XVIII, §1879(b), Jan. 1, 2021, 134 Stat. 4293, added item 2922i.

**2015**—Pub. L. 114–92, div. A, title III, §311(b), Nov. 25, 2015, 129 Stat. 787, added item 2922h.

**2009**—Pub. L. 111–84, div. B, title XXVIII, §2844(b), Oct. 28, 2009, 123 Stat. 2682, added item 2922g.

#### **Statutory Notes and Related Subsidiaries**

#### Prohibition and Report Requirement Relating to Certain Energy Programs of Department of Defense

Pub. L. 118–31, div. A, title III, §320, Dec. 22, 2023, 137 Stat. 220, provided that:

"(a) Prohibition.—None of the funds authorized to be appropriated by this Act [see Tables for classification] or otherwise made available for the Department of Defense for any operational energy program may be provided to any entity owned by, or with known financial or leadership ties to, the Russian Federation or the Chinese Communist Party.

"(b) Report Requirement.—As part of the report submitted under section 2925(a) of title 10, United States Code, for fiscal year 2024, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on operational energy programs that includes—

"(1) a list of each operational energy program; and

"(2) to the extent such information may be determined, a description of—

"(A) how each such program improves military readiness or capabilities;

"(B) how each such program shall be sustained (including in a contested environment); and

"(C) the estimated life-cycle costs of each such program, including the estimated cost avoidance over such life cycle.

"(c) Operational Energy Program Defined.—In this section, the term 'operational energy program' means any program carried out under an operational energy initiative of the Department of Defense specified in section 2925(b)(3) of title 10, United States Code."

#### Pilot Program on Use of Sustainable Aviation Fuel

Pub. L. 117–263, div. A, title III, §324, Dec. 23, 2022, 136 Stat. 2516, provided that:

"(a) Pilot Program Required.—

"(1) In general.—Subject to the availability of appropriations for such purpose, the Secretary of Defense shall conduct a pilot program on the use of sustainable aviation fuel by the Department of Defense (in this section referred to as the 'pilot program').

"(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 the 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 [Dec. 23, 2022], 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 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 congressional committees 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 congressional committees; and

"(C) provide to the appropriate congressional committees 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 [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] 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 congressional committees a final report on the pilot program.

"(2) Elements.—The report under 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 the associated benefits thereof;

"(ii) efficiency and distance improvements of flights using sustainable aviation fuel;

"(iii) weight savings on large transportation aircraft and other types of aircraft by using blended fuel with higher concentrations of sustainable aviation fuel;

"(iv) maintenance benefits of using sustainable aviation fuel, including with respect to 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) The term 'appropriate congressional committees' means the following:

"(A) The Committee on Armed Services and the Committee on Transportation and Infrastructure of the House of Representatives.

"(B) The Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate.

"(2) The term 'sustainable aviation fuel' has the meaning given such term in section 40007(e) of the Act titled 'An Act to provide for reconciliation pursuant to title II of S. Con. Res. 14' (Public Law 117–169) [49 U.S.C. 44504 note]."

#### Pilot Program on Alternative Fuel Vehicle Purchasing

Pub. L. 116–283, div. A, title III, §321, Jan. 1, 2021, 134 Stat. 3521, provided that:

"(a) In General.—The Secretary of Defense, in coordination with the Secretary of Energy and the Administrator of the General Services Administration, shall carry out a pilot program under which the Secretary of Defense may, notwithstanding section 400AA of the Energy Policy and Conservation Act (42 U.S.C. 6374), purchase new alternative fuel vehicles for which the initial cost of such vehicles exceeds the initial cost of a comparable gasoline or diesel fueled vehicle by not more than 10 percent.

"(b) Locations.—

"(1) In general.—The Secretary of Defense shall carry out the pilot program under subsection (a) at not fewer than 2 facilities or installations of each military department in the continental United States that—

"(A) have the largest total number of attached noncombat vehicles as compared to other facilities or installations of the Department of Defense; and

"(B) are located within 20 miles of public or private refueling or recharging stations.

"(2) Air force logistics center.—One of the facilities or installations selected under paragraph (1) shall be an Air Force Logistics Center.

"(c) Alternative Fuel Vehicle Defined.—In this section, the term 'alternative fuel vehicle' includes a vehicle that uses—

"(1) a fuel or power source described in the first sentence of section 241(2)of the Clean Air Act (42 U.S.C. 7581(2)); or

"(2) propane."