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Version 00 · Introduced in House · Feb 26, 2025
Sustainable Aviation Fuel Act
This bill establishes requirements for reducing greenhouse gas emissions from airplane flights. It also provides incentives for the production and use of sustainable aviation fuel (SAF), an alternative to conventional airplane fuel that is derived from a sustainable feedstock, meets certain aviation standards, and reduces greenhouse gas (GHG) emissions.
The bill establishes a national goal to reach net zero GHG emissions from flights by 2050.
Showing the opening paragraphs of the official summary.
The Environmental Protection Agency (EPA) must establish a low carbon fuel standard for aviation fuels. Under the standard, the EPA must set annual targets to reduce certain GHG emissions associated with aviation fuel by at least 20% by 2030 and 50% by 2050, as compared to 2005.
Beginning in FY2026, the Department of Defense must make a bulk purchase of an amount of SAF that is no less than 10% of the total amount of aviation fuel procured for operational purposes under certain circumstances.
Additionally, the bill reauthorizes through FY2030 a grant program of the Federal Aviation Administration (FAA) for certain projects concerning SAF or low-emission aviation technology.
The bill (1) extends the clean fuel production tax credit for SAF through 2032, and (2) expands an energy investment tax credit to include SAF production property.
The bill also expands an FAA research program to include SAF and related topics.
Finally, the bill directs the Department of Energy to research the use of crops grown for conservation purposes rather than for sale in the production of SAF.
People & committees
Rep. Brownley, Julia [D-CA-26] · D–CA
Legislative record
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Referred to the Subcommittee on Aviation.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Armed Services, Science, Space, and Technology, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Armed Services, Science, Space, and Technology, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Armed Services, Science, Space, and Technology, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Armed Services, Science, Space, and Technology, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Armed Services, Science, Space, and Technology, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Feb 9, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2025-02-26 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The proposed Sustainable Aviation Fuel Act would require aviation fuel producers and importers to meet standards that lower greenhouse gas emissions across a fuel’s life, allowing tradable credits for compliance. It would authorize grants and research funding and expand tax incentives for sustainable aviation fuel. It would also require certain military fuel purchases to include sustainable fuel when price and domestic-production conditions are met, subject to a national-security waiver. These are proposed requirements, not evidence of enacted law.
(B) apply the fuel standard to persons who produce or import aviation fuel;
generate credits, to be used, or transferred to another person, to demonstrate compliance with this subsection;
there are authorized to be appropriated to the Secretary for each of fiscal years 2026 through 2030, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2030, $200,000,000 for the purposes described in subsection (a).
There is authorized to be appropriated to the Administrator of the Federal Aviation Administration $35,000,000 for each of fiscal years 2026 through 2030 to carry out this section.
9. Extension of clean fuel production credit for sustainable aviation fuel
10. Sustainable aviation fuel production property added to Energy Credit
Effective October 1, 2025, 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— (1) the cost of sustainable aviation fuel is competitive with the fully burdened cost of conventional jet fuel available for the same purpose; and (2) the sustainable aviation fuel is refined or produced in the United States.
the Secretary of Defense may waive the requirement under subsection (a) for reasons of national security
The bill would declare national goals of reducing net greenhouse gas emissions from United States domestic and international aviation flights by 35 percent by 2035, compared with 2005, and reaching net zero by 2050. These are declared goals, not demonstrated emissions reductions.
It is hereby declared that it is the national goal for the United States to reach— (1) a net 35-percent reduction in greenhouse gas emissions for United States domestic and international aviation flights by 2035, as compared to 2005; and (2) net zero greenhouse gas emissions for United States domestic and international aviation flights by 2050.
The bill generally borrows its definition of sustainable aviation fuel from the tax code. It defines qualified feedstock—the material used to make fuel—as hydrogen and carbon sources that do not originate from petrochemicals. Its definition of lifecycle emissions covers fuel production, transport and use, plus emissions from land conversion and displaced agricultural activity.
The term sustainable aviation fuel has the meaning given such term in section 40B of the Internal Revenue Code of 1986.
The term qualified feedstock means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals.
The term lifecycle greenhouse gas emissions means the combined greenhouse gas emissions from feedstock production, collection of feedstock, transportation of feedstock to fuel production facilities, conversion of feedstock to fuel, transportation and distribution of fuel, and fuel combustion in an aircraft engine, as well as from induced land-use change emissions, as calculated using appropriate modeling techniques approved by a regulating authority.
The term induced land-use change emissions means the greenhouse gas emissions resulting from the conversion of land to the production of feedstocks and from the conversion of other land due to the displacement of crops or animals for which the original land was previously used, as calculated using appropriate modeling techniques approved by a regulating authority.
Section 4 would authorize $200 million annually for fiscal years 2026–2030 to continue an existing competitive grant program, with funds available through September 30, 2030. Eligible projects in the United States would produce, transport, blend or store sustainable aviation fuel, or develop, demonstrate or apply low-emission aviation technologies. This authorizes funding; it does not itself appropriate the money.
For purposes of continuing the competitive grant program established under subsection (a) for eligible entities to carry out projects located in the United States that produce, transport, blend, or store sustainable aviation fuel, or develop, demonstrate, or apply low- emission aviation technologies, in addition to amounts otherwise available, there are authorized to be appropriated to the Secretary for each of fiscal years 2026 through 2030, out of any money in the Treasury not otherwise appropriated, to remain available until September 30, 2030, $200,000,000 for the purposes described in subsection (a).
The proposed Clean Air Act fuel standard would apply to aviation fuel producers and importers. The covered fuel definition includes fuel produced, sold or dispensed in the United States for civilian or military turbine-powered aviation. Carbon intensity means lifecycle greenhouse gas emissions per unit of fuel energy.
The term aviation fuel means fuel that is produced, sold, or dispensed in the United States, for civil or military purposes, for turbine-powered aviation.
The term carbon intensity means the quantity of lifecycle greenhouse gas emissions per unit of fuel energy.
(B) apply the fuel standard to persons who produce or import aviation fuel;
The Administrator responsible for the Clean Air Act standard would have one year after enactment to issue regulations requiring annual reductions in aviation fuel carbon intensity. The regulations would set reduction targets of at least 20 percent by 2030 and at least 50 percent by 2050 against the 2005 average. The standard would require the reduction of at least 50 percent to continue after 2050.
Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations to establish a low carbon fuel standard for aviation fuels that requires a reduction in carbon intensity for aviation fuels each calendar year such that by 2050, and thereafter, the average carbon intensity of all aviation fuel used annually in the United States is reduced by at least 50 percent, as compared to the average carbon intensity of all aviation fuel used in the United States in 2005.
the Administrator shall set a target of a reduction of at least 20 percent in the average carbon intensity of all aviation fuel used annually in the United States by 2030, and of at least 50 percent by 2050, as compared to the average carbon intensity of all aviation fuel used in the United States in 2005.
Annual carbon-intensity benchmarks would begin with the first full calendar year that begins two years after enactment. They would have to be suitable for meeting the bill’s reduction targets.
(A) establish a benchmark for the average carbon intensity of aviation fuels for each calendar year, beginning with the first full calendar year that begins 2 years after the date of enactment of this subsection, suitable to achieving the targets specified in paragraph (3);
Fuel emissions calculations would follow International Civil Aviation Organization guidance adopted with United States agreement and any more stringent accounting practices the Administrator determines are best. The accounting would cover the full fuel lifecycle, including significant indirect land-use emissions, and adjust different greenhouse gases for their relative warming effects. The Administrator would decide when a fuel’s calculation must be reassessed.
(i) the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States;
(ii) any other more stringent accounting practices determined by the Administrator to be the best lifecycle greenhouse gas emission accounting practices, provided that such practices account for the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions such as significant emissions from land use changes), as determined by the Administrator, related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential;
(D) determine how long the calculation of the carbon intensity of an aviation fuel (pursuant to the procedures established under subparagraph (C)), will remain in effect before needing to be reevaluated;
Producers and importers whose annual average fuel carbon intensity falls below the benchmark could earn compliance credits, subject to the restriction on duplicate renewable-fuel credits. They could use or transfer those credits. Producers and importers above the benchmark could purchase credits to comply.
(E) allow a person described in subparagraph (B), who, for a calendar year, produces or imports aviation fuel— (i) that has an average carbon intensity that is less than the benchmark for average carbon intensity for that calendar year to, except as provided in paragraph (8), generate credits, to be used, or transferred to another person, to demonstrate compliance with this subsection; and (ii) that has an average carbon intensity that is greater than the benchmark for average carbon intensity for that calendar year to purchase credits to be used to demonstrate compliance with this subsection;
No credit may be generated under this subsection with respect to renewable fuel for which a credit is generated under subsection (o).
The Administrator would determine credit amounts and any conditions on how long credits last or how they may be transferred through a credit exchange—a central trading marketplace. The bill would require consultation with industry, researchers, labor unions, consumer advocates, and relevant federal aviation, energy and agriculture officials.
The term credit exchange means a central marketplace with established rules and regulations where buyers and sellers meet to conduct trades.
(F) determine the— (i) appropriate amount of credits generated and used to demonstrate compliance pursuant to subparagraph (E); (ii) appropriate conditions, if any, on— (I) the duration of such credits; and (II) the transfer of such credits through a credit exchange;
(G) consult with all relevant stakeholders, including aviation industry groups, renewable fuel industry groups, researchers at institutions of higher education, labor unions, consumer advocates, and any other stakeholders the Administrator determines to be appropriate.
the Administrator shall consult with the Administrator of the Federal Aviation Administration, the Secretary of Energy, and the Secretary of Agriculture.
The Administrator would have to waive the federal fuel standard in a state with an aviation fuel standard determined to be at least as stringent, after notice and an opportunity for a public hearing.
The Administrator shall, after notice and opportunity for public hearing, waive application of the fuel standard in any State that has adopted a standard for aviation fuels that the Administrator determines is at least as stringent as the fuel standard.
The Administrator could revoke the fuel standard in favor of a later law enacted by Congress if, after consulting the Federal Aviation Administration, the Administrator determines that the other law accomplishes the standard’s purposes and covers aviation.
If Congress enacts a standard or similar law that the Administrator, in consultation with the Administrator of the Federal Aviation Administration, determines accomplishes the purposes of the fuel standard for sectors of the economy that include the aviation sector, the Administrator may revoke the fuel standard in favor of the other standard or law.
Within 180 days after enactment, the Administrator would have to send Congress and publish a report on development of the fuel standard and the considerations guiding it.
Not later than 180 days after the date of enactment of this subsection, the Administrator shall submit to Congress and make publicly available a report describing— (A) the status of the development of the fuel standard; and (B) the considerations the Administrator is using in developing the fuel standard.
Section 5 would add references to the proposed fuel standard, subsection (w), in the Clean Air Act’s existing enforcement provisions. The supplied text does not reproduce those provisions in full, so it does not establish the complete enforcement procedures or penalty amounts.
(b) Enforcement Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended— (1) in paragraph (1)— (A) by striking or (o) of this section or the regulations and inserting (o), or (w) of this section or the regulations; (B) by striking or (o) of this section or who fails and inserting (o), or (w) of this section or who fails; and (C) by striking or (o) of this section which establishes and inserting (o), or (w) of this section which establishes; and (2) in paragraph (2), by striking and (o) of this section each place it appears and inserting (o), and (w) of this section.
With a stated effective date of October 1, 2025, the bill would require the Defense Secretary to make a bulk sustainable aviation fuel purchase amounting to at least 10 percent of aviation fuel procured for operational purposes. The requirement would apply if the fuel is refined or produced in the United States and its cost is competitive with conventional jet fuel’s fully burdened cost, a cost measure defined in an existing statute.
Effective October 1, 2025, 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— (1) the cost of sustainable aviation fuel is competitive with the fully burdened cost of conventional jet fuel available for the same purpose; and (2) the sustainable aviation fuel is refined or produced in 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.
For blended military fuel purchases, only the sustainable portion would count toward the purchase percentage. Before a covered purchase, the Defense Secretary or the Secretary concerned, as defined in the referenced statute, would have to certify that the fuel is suitable for Defense Department aircraft.
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.
The Defense Secretary could waive the purchase requirement for national-security reasons, including a lack of qualifying fuel. Within 30 days after issuing a waiver, the Secretary would have to notify congressional defense committees, explain the reason, and certify that the waiver serves the national-security interest.
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: (A) The rationale of the Secretary for issuing the waiver. (B) A certification that the waiver is in the national security interest of the United States.
Section 7 would expand the Federal Aviation Administration research provision to include sustainable fuel usable without blending and efforts toward net-zero aviation emissions. It would add study of the climate impacts of non-carbon dioxide greenhouse gas emissions, water vapor and contrails, and ways to minimize those impacts. It would also require a methodology for measuring aviation’s non-carbon dioxide climate impacts in a lifecycle analysis, including sustainable aviation fuel benefits beyond carbon dioxide reductions.
sustainable fuel that can be used without the need to blend with any other type of aviation fuel;
(2) promote the efforts of the aviation sector to become a net-zero greenhouse gas emitting sector; (3) study the climate impacts of non-carbon dioxide greenhouse gas emissions, water vapor, and contrails and ways to minimize such impacts; and (4) develop a methodology for quantifying the non-carbon dioxide climate impacts of aviation in a lifecycle analysis, including the benefits of sustainable aviation fuel other than the reduction in carbon dioxide emissions.
For the amended aviation research section, sustainable aviation fuel would mean liquid fuel made from synthesized hydrocarbons using hydrogen and carbon sources that do not originate from petrochemicals, and meeting specified international aviation guidance adopted with United States agreement. The bill would authorize $35 million annually for fiscal years 2026–2030 to carry out that section.
The term sustainable aviation fuel means liquid fuel consisting of synthesized hydrocarbons that— (A) is derived from a qualified feedstock; and (B) conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States.
The term qualified feedstock means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals.
There is authorized to be appropriated to the Administrator of the Federal Aviation Administration $35,000,000 for each of fiscal years 2026 through 2030 to carry out this section.
The Energy Secretary would have to establish research on making sustainable aviation fuel from cover crops or other crops grown for conservation rather than sale. The program would require collaboration with national laboratories, the Agriculture Department and industry partners.
The Secretary of Energy shall carry out a program to research the use of cover crops or other crops grown for conservation purposes rather than for sale in the production of sustainable aviation fuel.
the Secretary shall collaborate with the national laboratories, the Department of Agriculture, and industry partners.
The Energy Department research program would use its own definition of sustainable aviation fuel: liquid fuel made from synthesized hydrocarbons, derived from qualified feedstock and meeting the specified international guidance adopted with United States agreement. The bill would authorize whatever funding is necessary, without specifying a dollar amount or an end date for that authorization.
The term sustainable aviation fuel means liquid fuel consisting of synthesized hydrocarbons that— (A) is derived from a qualified feedstock; and (B) conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States.
There are authorized to be appropriated such sums as may be necessary to carry out this section.
Section 9 would replace the clean fuel production credit’s termination language with different sales deadlines. The credit would not apply to other transportation fuel sold after December 31, 2027, or to sustainable aviation fuel sold after December 31, 2032. This change would apply to fuel produced after December 31, 2027; the bill does not reproduce the credit’s other eligibility rules.
Section 45Z(g) of the Internal Revenue Code of 1986 is amended to read as follows: (g) Termination This section shall not apply— (1) in the case of transportation fuel which is not sustainable aviation fuel, to fuel sold after December 31, 2027, and (2) in the case of sustainable aviation fuel, to fuel sold after December 31, 2032.
The amendments made by this section shall apply to fuel produced after December 31, 2027.
Section 10 would add sustainable aviation fuel production property to the tax code’s energy credit provisions. The new category would include property that produces qualifying sustainable aviation fuel and property directly related to enabling its production or distribution.
in paragraph (3)(A), by striking or at the end of clause (x), inserting or at the end of clause (xi), and by adding at the end the following new clause: (xii) sustainable aviation fuel production property,
The term sustainable aviation fuel production property means— (i) property which produces sustainable aviation fuel (as defined in section 40B(d)), or (ii) property directly related to enabling the production or distribution of sustainable aviation fuel.
The proposed energy-credit phaseout would set the energy percentage at 24 percent for property whose construction begins in 2031, 18 percent for construction beginning in 2032, and 12 percent for construction beginning in 2033–2038. The supplied amendment does not state the complete credit calculation or expressly say that eligibility ends in 2039.
In the case of any energy property described in paragraph (3)(A)(xii) the construction of which begins before January 1, 2039, the energy percentage determined under paragraph (2) shall be equal to— (A) in the case of any property the construction of which begins after December 31, 2030, and before January 1, 2032, 24 percent, (B) in the case of any property the construction of which begins after December 31, 2031, and before January 1, 2033, 18 percent, and (C) in the case of any property the construction of which begins after December 31, 2032, and before January 1, 2039, 12 percent.
Regulations would have to provide for recovering the production-property tax credit benefit if sustainable aviation fuel accounts for less than 80 percent of the property’s total fuel production in any of the five taxable years immediately after the year it enters service.
The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a)(3)(A)(xii) with respect to any sustainable aviation fuel production property if the sustainable aviation fuel production of such property comprises less than 80 percent of the total fuel production of such property in any of the 5 taxable years immediately following the taxable year in which such property was placed in service.
The production-property energy-credit amendments would apply to fuel produced after December 31, 2025. The effective-date language is tied to fuel production, even though the amendments concern property used in production or distribution.
The amendments made by this section shall apply to fuel produced after December 31, 2025.
The term sustainable aviation fuel production property means— (i) property which produces sustainable aviation fuel (as defined in section 40B(d)), or (ii) property directly related to enabling the production or distribution of sustainable aviation fuel.
The supplied official-actions snapshot, updated February 9, 2026, records introduction in the House on February 26, 2025, and referrals that day to the Aviation Subcommittee and five House committees. This snapshot does not establish the bill’s status after the recorded actions.
Source snapshot updated 2026-02-09T14:40:56Z.
2025-02-26: Introduced in House
2025-02-26: Referred to the Subcommittee on Aviation.
2025-02-26: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Armed Services, Science, Space, and Technology, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
A closer look
Reviewed version: Introduced in House · 2025-02-26. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated provision or policy rider attached to appropriations was identified in the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for a particular recipient or place was identified in the complete supplied introduced text. Funding authorizations alone do not establish earmarks. This conclusion is limited to this version and does not establish absence in other versions or accompanying materials; formal earmark status cannot be conclusively assessed without the missing disclosures and related materials.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
The identified preferences relate to the bill’s main policy. Classification as targeted benefits does not imply improper intent.
Section 9 would give otherwise qualifying sustainable aviation fuel producers a longer sales window for the clean fuel production credit than producers of other transportation fuel: through December 31, 2032, rather than December 31, 2027. This express exception within a broader credit supports the bill’s sustainable aviation fuel policy. The amendment would apply to fuel produced after December 31, 2027; the credit’s other eligibility rules are not reproduced.
Section 45Z(g) of the Internal Revenue Code of 1986 is amended to read as follows: (g) Termination This section shall not apply— (1) in the case of transportation fuel which is not sustainable aviation fuel, to fuel sold after December 31, 2027, and (2) in the case of sustainable aviation fuel, to fuel sold after December 31, 2032.
The amendments made by this section shall apply to fuel produced after December 31, 2027.
Section 10 would add sustainable aviation fuel production property to the broader energy credit, benefiting otherwise eligible taxpayers with property that produces qualifying sustainable aviation fuel or directly enables its production or distribution. This sector-specific tax preference advances the bill’s sustainable aviation fuel policy. The amendment also requires recapture regulations if sustainable aviation fuel falls below 80 percent of the property’s total fuel production in any of the five taxable years immediately following its entry into service. The supplied text does not establish the complete credit calculation or all eligibility conditions.
10. Sustainable aviation fuel production property added to Energy Credit (a) In general Section 48 of the Internal Revenue Code of 1986 is amended—
in paragraph (3)(A), by striking or at the end of clause (x), inserting or at the end of clause (xi), and by adding at the end the following new clause: (xii) sustainable aviation fuel production property,
The term sustainable aviation fuel production property means— (i) property which produces sustainable aviation fuel (as defined in section 40B(d)), or (ii) property directly related to enabling the production or distribution of sustainable aviation fuel.
The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a)(3)(A)(xii) with respect to any sustainable aviation fuel production property if the sustainable aviation fuel production of such property comprises less than 80 percent of the total fuel production of such property in any of the 5 taxable years immediately following the taxable year in which such property was placed in service.
Section 6 would favor refiners or producers of sustainable aviation fuel operating in the United States by limiting the proposed Defense Department purchase requirement to fuel refined or produced domestically. With a stated effective date of October 1, 2025, the required bulk purchase would amount to at least 10 percent of aviation fuel procured for operational purposes, conditional on the sustainable fuel being cost competitive with the fully burdened cost of conventional jet fuel available for the same purpose. Fuel produced and refined abroad would not qualify for this purchase requirement. This domestic-source preference supports the bill’s sustainable aviation fuel policy; it does not guarantee any supplier a contract. Purchases would require aircraft-suitability certification, and the requirement could be waived for national-security reasons.
Effective October 1, 2025, 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— (1) the cost of sustainable aviation fuel is competitive with the fully burdened cost of conventional jet fuel available for the same purpose; and (2) the sustainable aviation fuel is refined or produced in the United States.
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.
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.
Full text preserved for this analysis. Legislative record snapshot: Feb 9, 2026. How PlainBill uses AI