Title 10 — Armed Forces
Part IV · Chapter 173 — Energy Security
§ 2926. Operational energy
Statutory text
Operational Energy Policy.—
In carrying out section 2911(a) of this title, the Secretary of Defense shall ensure the types, availability, and use of operational energy promote the readiness of the armed forces for their military missions in contested logistics environments.
Responsibilities.—
The Secretary of Defense shall—
require the Secretaries concerned and the commanders of the combatant commands to assess the energy supportability in contested logistics environments of systems, capabilities, and plans;
authorize the use of energy security, cost of backup power, supportability in contested logistics environments, and energy resilience as factors in the cost-benefit analysis for procurement of operational equipment; and
in selecting equipment that will use operational energy, give favorable consideration to the acquisition of equipment that enhances energy security, energy resilience, energy conservation, and reduces logistical vulnerabilities in contested logistics environments.
Functions of the Assistant Secretary of Defense for Energy, Installations, and Environment.—
The Assistant Secretary of Defense for Energy, Installations, and Environment, in consultation with the heads of the appropriate Department of Defense components and in coordination with the working group under subsection (d), shall—
oversee the operational energy activities of the Department of Defense, including the activities of the working group established under subsection (d), and oversee the investments of the Department in such activities;
make recommendations to the Secretary regarding the policies and investments that affect the use of operational energy across the Department of Defense, taking into account the findings of the working group under subsection (d);
establish guidelines and recommend to the Secretary policy to improve warfighting capability through energy security and energy resilience, taking into account the findings of the working group under subsection (d);
encourage collaboration with and leveraging of investments made by the Department of Energy, the Department of Agriculture, and other relevant Federal agencies to advance alternative fuel development to the benefit of the Department of Defense; and
certify the budget associated with the investment of the Department of Defense in alternative fuel activities in accordance with subsection (f)(4).
Working Group.—
The Secretary of Defense shall establish a working group to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand that are carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense and to conduct other coordinated functions relating to such efforts.
The head of the working group under paragraph (1) shall be the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary shall supervise the members of the working group and provide guidance to such members with respect to specific operational energy plans and programs to be carried out pursuant to the strategy under subsection (e).
The members of the working group under paragraph (1) shall be as follows:
A senior official of each armed force, who shall be nominated by the Secretary concerned and confirmed by the Senate to represent such armed force.
A senior official from each geographic and functional combatant command, who shall be appointed by the commander of the respective combatant command to represent such combatant command.
A senior official under the jurisdiction of the Chairman of the Joint Chiefs of Staff, who shall be appointed by the Chairman to represent the Joint Chiefs of Staff and the Joint Staff.
A senior official of the Defense Logistics Agency, who shall be appointed by the Director of the Defense Logistics Agency to represent the Defense Logistics Agency.
An official of the Office of the Under Secretary of Defense for Research and Engineering, who shall be nominated by the Secretary of Defense and confirmed by the Senate to represent such Office.
The Assistant Secretary of Defense for Acquisition, who shall represent the Office of the Under Secretary of Defense for Acquisition.
The Assistant Secretary of Defense for Sustainment, who shall represent the Office of the Assistant Secretary of Defense for Sustainment.
Each member of the working group shall be responsible for carrying out operational energy plans and programs and implementing coordinated initiatives, or developing capabilities for such purposes, pursuant to the strategy under subsection (e) for the respective component of the Department that the member represents.
The duties of the working group under paragraph (1) shall be as follows:
Planning for the integration of efforts to mitigate contested logistics challenges through the reduction of operational energy demand carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense.
Developing recommendations regarding the strategy for operational energy under subsection (e).
Developing recommendations relating to the development of, and modernization efforts for, platforms and weapons systems of the armed forces.
Developing recommendations to ensure that such development and modernization efforts lead to increased lethality, extended range, and extended on-station time for tactical assets.
Developing recommendations to mitigate the effects of hostile action by a near-peer adversary targeting operational energy storage and operations of the armed forces, including through the use of innovative delivery systems, distributed storage, flexible contracting, and improved automation.
The working group under paragraph (1) shall meet not less frequently than quarterly.
Not later than February 1 of each year, the working group under paragraph (1) shall submit to the congressional defense committees a report that contains a description of the following:
The topics addressed in the meetings of the working group during the preceding year.
The priorities of the working group for the following year (including with respect to any shortfalls in personnel, equipment, infrastructure, energy and storage, or capabilities) in support of the operational plans of the Department of Defense.
Any steps taken by the working group, as of the date of the submission, to address any identified shortfalls in budget or capabilities.
Each report under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
Operational Energy Strategy.—
The Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the working group under subsection (d), shall be responsible for the establishment and maintenance of a department-wide transformational strategy for operational energy. The strategy shall be updated every five years and shall establish near-term, mid-term, and long-term goals, performance metrics to measure progress in meeting the goals, and a plan for implementation of the strategy within each armed force, across the armed forces, and with the Office of the Secretary of Defense.
The strategy required under paragraph (1) shall include the following:
A plan to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand within each armed force.
An assessment of how industry trends transitioning from the production of internal combustion engines to the development and production of alternative propulsion systems may affect the long-term availability of parts for military equipment, the fuel costs for such equipment, and the sustainability of such equipment.
An assessment of any technologies, including electric, hydrogen, or other sustainable fuel technologies, that may reduce operational energy demand in the near-term or long-term.
An assessment of how the Secretaries concerned and the commanders of the combatant commands can better plan for challenges presented by near-peer adversaries in a contested logistics environment, including through innovative delivery systems, distributed storage, flexible contracting, and improved automation.
A biennial assessment of any infrastructure investments of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary, which shall include—
an identification of efforts by the United States and allied and partner countries to mitigate mutual contested logistics challenges and to develop complementary energy security and energy reliance measures;
an analysis of investments made by allied and partner countries in any technology, including electric, hydrogen, nuclear, biofuels, and any other sustainable fuel technology or renewable energy technology, that may reduce demand for operational energy in the near-term or long-term;
an identification of any limitations or barriers to closing or mitigating gaps in operational energy investment with allied and partner countries, including any additional authorities or appropriations that may be required; and
an analysis of the feasibility and advisability of establishing a partnership program using existing authorities to collaborate with the national security forces of allied and partner countries for the purpose of developing and maintaining transformational strategies for operational energy with the objectives of enhancing the readiness of such countries and employing diverse energy sources that reduce demand and logistical vulnerabilities.
By authority of the Secretary of Defense, and taking into consideration the findings of the working group, the Assistant Secretary shall prescribe policies and procedures for the implementation of the strategy and make recommendations to the Secretary of Defense and Deputy Secretary of Defense with respect to specific operational energy plans and programs to be carried out pursuant to the strategy.
Not later than 30 days after the date on which the budget for fiscal year 2024 is submitted to Congress pursuant to section 1105 of title 31, and every five years thereafter, the Assistant Secretary shall submit to the congressional defense committees the strategy required under paragraph (1).
Budgetary and Financial Matters.—
The Assistant Secretary of Defense for Energy, Installations, and Environment shall review and make recommendations to the Secretary of Defense regarding all budgetary and financial matters relating to the operational energy strategy.
The Secretary of Defense shall require that the Secretary of each military department and the head of each Defense Agency with responsibility for executing activities associated with the strategy transmit their proposed budget for those activities for a fiscal year to the Assistant Secretary for review before submission of the proposed budget to the Under Secretary of Defense (Comptroller).
The Assistant Secretary shall review a proposed budget transmitted under paragraph (2) for a fiscal year and, not later than January 31 of the preceding fiscal year, shall submit to the Secretary of Defense a report containing the comments of the Assistant Secretary with respect to the proposed budget, together with the certification of the Assistant Secretary regarding whether the proposed budget is adequate for implementation of the strategy.
Not later than 30 days after the date on which the budget for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to Congress a report on the proposed budgets for that fiscal year that were reviewed by the Assistant Secretary under paragraph (3).
For each proposed budget covered by a report under paragraph (4) for which the certification of the Assistant Secretary under paragraph (3) is that the budget is not adequate for implementation of the strategy, the report shall include the following:
A copy of the report set forth in paragraph (3).
A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequacy of the proposed budget.
An appendix prepared by the Chairman of the Joint Chiefs of Staff describing—
the progress made by the Joint Requirements Oversight Council in implementing the energy Key Performance Parameter; and
details regarding how operational energy is being addressed in defense planning, scenarios, support to strategic analysis, and resulting policy to improve combat capability.
An appendix prepared by the Under Secretary for Defense for Acquisition and Sustainment certifying that and describing how the acquisition system is addressing operational energy in the procurement process, including long-term sustainment considerations, and how programs are extending combat capability as a result of these considerations.
A separate statement of estimated expenditures and requested appropriations for that fiscal year for the activities of the Assistant Secretary in carrying out the duties of the Assistant Secretary.
Any additional comments that the Secretary considers appropriate regarding the inadequacy of the proposed budgets.
For each proposed budget covered by a report under paragraph (4) for which the certification of the Assistant Secretary under paragraph (3) is that the budget is adequate for implementation of the strategy, the report shall include the items set forth in subparagraphs (C), (D), and (E) of paragraph (5).
Access to Initiative Results and Records.—
Each member of the working group under subsection (d) shall submit to the Assistant Secretary of Defense for Energy, Installations, and Environment the results of all studies and initiatives conducted by the respective component of the Department that the member represents for purposes of the working group in connection with the operational energy strategy.
The Assistant Secretary shall have access to all records and data in the Department of Defense (including the records and data of each armed force) necessary in order to permit the Assistant Secretary to carry out the duties of the Assistant Secretary.
Contested Logistics Environment Defined.—
In this section, the term “contested logistics environment” means an environment in which the armed forces engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 div. A title IX § 901(g)(1) · 128 Stat. 3292
Enacted · 10 U.S.C. § 2926
Added and amended Pub. L. 113–291, div. A, title IX, § 901(g)(1), Dec. 19, 2014, 128 Stat. 3464
Source evidence
Code source credit
Added and amended Pub. L. 113–291, div. A, title IX, § 901(g)(1), Dec. 19, 2014, 128 Stat. 3464Enacted provision · exact public law section
(1) Transfer of policy provisions from section 138c.— Chapter 173 of such title is amended— (A) by adding at the end the following new section: “§ 2926. Operational energy activities” ; (B) by transferring paragraph (3) of section 138c(c) of such title to section 2926, as added by subparagraph (A), inserting such paragraph after the section heading, and redesignating such paragraph as subsection (a); (C) in subsection (a) (as so inserted and redesignated)— (i) by inserting “Alternative Fuel Activities.—” before “The Assistant Secretary”; (ii) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively; and (iii) in paragraph (5) (as so redesignated), by striking “subsection (e)(4)” and inserting “subsection (c)(4)”; (D) by transferring subsections (d), (e), and (f) of section 138c of such title to section 2926, as added by subparagraph (A), inserting those subsections after subsection (a) (as transferred and redesignated by subparagraph (B)), and redesignating those subsections as subsections (b), (c), and (d), respectively; (E) in subsections (a), (b), (c), and (d) of section 2926 (as transferred and redesignated by subparagraphs (B) and (D)), by inserting “of Defense for Installations, Energy, and Environment” after “Assistant Secretary” the first place it appears in each such subsection; (F) in subsection (b) of section 2926 (as transferred and redesignated by subparagraph (D)), by striking “provide guidance to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments,” and inserting “make recommendations to the Secretary of Defense and Deputy Secretary of Defense and provide guidance to the Secretaries of the military departments”; and (G) in subsection (c) of section 2926 (as transferred and redesignated by subparagraph (D)), by amending paragraphs (4), (5), and (6) to read as follows: “(4) Not later than 30 days after the date on which the budget for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to Congress a report on the proposed budgets for that fiscal year that were reviewed by the Assistant Secretary under paragraph (3). “(5) For each proposed budget covered by a report under paragraph (4) for which the certification of the Assistant Secretary under paragraph (3) is that the budget is not adequate for implementation of the strategy, the report shall include the following: “(A) A copy of the report set forth in paragraph (3). “(B) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequacy of the proposed budget. “(C) An appendix prepared by the Chairman of the Joint Chiefs of Staff describing— “(i) the progress made by the Joint Requirements Oversight Council in implementing the energy Key Performance Parameter; and “(ii) details regarding how operational energy is being addressed in defense planning, scenarios, support to strategic analysis, and resulting policy to improve combat capability. “(D) An appendix prepared by the Under Secretary of Defense for Acquisition, Technology, and Logistics certifying that and describing how the acquisition system is addressing operational energy in the procurement process, including long-term sustainment considerations, and how programs are extending combat capability as a result of these considerations. “(E) A separate statement of estimated expenditures and requested appropriations for that fiscal year for the activities of the Assistant Secretary in carrying out the duties of the Assistant Secretary. “(F) Any additional comments that the Secretary considers appropriate regarding the inadequacy of the proposed budgets. “(6) For each proposed budget covered by a report under paragraph (4) for which the certification of the Assistant Secretary under paragraph (3) is that the budget is adequate for implementation of the strategy, the report shall include the items set forth in subparagraphs (C), (D), and (E) of paragraph (5).” .Effective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 901(g)(1)(E) · 128 Stat. 3292
Inserted · 10 U.S.C. § 2926(a)
Pub. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “The Assistant Secretary” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “The Assistant Secretary” in introductory provisions.Enacted provision · exact public law section
(E) in subsections (a), (b), (c), and (d) of section 2926 (as transferred and redesignated by subparagraphs (B) and (D)), by inserting “of Defense for Installations, Energy, and Environment” after “Assistant Secretary” the first place it appears in each such subsection;Effective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 901(g)(1)(B) · 128 Stat. 3292
Inserted · 10 U.S.C. § 2926(a)
Pub. L. 113–291, § 901(g)(1)(B)–(C)(ii), transferred subsec. (c)(3) of section 138c of this title to subsec. (a) of this section, inserted heading
Redesignated · 10 U.S.C. § 2926(a)
Pub. L. 113–291, § 901(g)(1)(B)–(C)(ii), transferred subsec. (c)(3) of section 138c of this title to subsec. (a) of this section, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively. See Codification note above
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 113–291, § 901(g)(1)(B)–(C)(ii), transferred subsec. (c)(3) of section 138c of this title to subsec. (a) of this section, inserted heading, and redesignated subpars. (A) to (E) as pars. (1) to (5), respectively. See Codification note above.Enacted provision · exact public law section
(B) by transferring paragraph (3) of section 138c(c) of such title to section 2926, as added by subparagraph (A), inserting such paragraph after the section heading, and redesignating such paragraph as subsection (a);Effective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 901(g)(1)(C)(iii) · 128 Stat. 3292
Substituted · 10 U.S.C. § 2926(a)(5)
Pub. L. 113–291, § 901(g)(1)(C)(iii), substituted “subsection (c)(4)” for “subsection (e)(4)”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 113–291, § 901(g)(1)(C)(iii), substituted “subsection (c)(4)” for “subsection (e)(4)”.Enacted provision · exact public law section
(iii) in paragraph (5) (as so redesignated), by striking “subsection (e)(4)” and inserting “subsection (c)(4)”;Effective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 901(g)(1)(D) · 128 Stat. 3292
Changed · 10 U.S.C. § 2926(b)
Pub. L. 113–291, § 901(g)(1)(D), transferred subsec. (d) of section 138c of this title to subsec. (b) of this section. See Codification note above
Source evidence
Code amendment note
Subsec. (b). Pub. L. 113–291, § 901(g)(1)(D), transferred subsec. (d) of section 138c of this title to subsec. (b) of this section. See Codification note above.Enacted provision · exact public law section
(D) by transferring subsections (d), (e), and (f) of section 138c of such title to section 2926, as added by subparagraph (A), inserting those subsections after subsection (a) (as transferred and redesignated by subparagraph (B)), and redesignating those subsections as subsections (b), (c), and (d), respectively;Effective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 901(g)(1)(E) · 128 Stat. 3292
Inserted · 10 U.S.C. § 2926(b)(1)
Pub. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “The Assistant Secretary”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “The Assistant Secretary”.Enacted provision · exact public law section
(E) in subsections (a), (b), (c), and (d) of section 2926 (as transferred and redesignated by subparagraphs (B) and (D)), by inserting “of Defense for Installations, Energy, and Environment” after “Assistant Secretary” the first place it appears in each such subsection;Effective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 901(g)(1)(F) · 128 Stat. 3292
Amended · 10 U.S.C. § 2926(b)(4)
Pub. L. 113–291, § 901(g)(1)(F), as amended by Pub. L. 114–92, § 1081(b)(2)
Substituted · 10 U.S.C. § 2926(b)(4)
Pub. L. 113–291, § 901(g)(1)(F), as substituted “make recommendations to the Secretary of Defense and Deputy Secretary of Defense and provide guidance to the Secretaries of the military departments” for “provide guidance to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments,”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 113–291, § 901(g)(1)(F), as amended by Pub. L. 114–92, § 1081(b)(2), substituted “make recommendations to the Secretary of Defense and Deputy Secretary of Defense and provide guidance to the Secretaries of the military departments” for “provide guidance to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments,”.Enacted provision · exact public law section
(F) in subsection (b) of section 2926 (as transferred and redesignated by subparagraph (D)), by striking “provide guidance to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments,” and inserting “make recommendations to the Secretary of Defense and Deputy Secretary of Defense and provide guidance to the Secretaries of the military departments”; andEffective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 901(g)(1)(D) · 128 Stat. 3292
Changed · 10 U.S.C. § 2926(c)
Pub. L. 113–291, § 901(g)(1)(D), transferred subsec. (e) of section 138c of this title to subsec. (c) of this section. See Codification note above
Source evidence
Code amendment note
Subsec. (c). Pub. L. 113–291, § 901(g)(1)(D), transferred subsec. (e) of section 138c of this title to subsec. (c) of this section. See Codification note above.Enacted provision · exact public law section
(D) by transferring subsections (d), (e), and (f) of section 138c of such title to section 2926, as added by subparagraph (A), inserting those subsections after subsection (a) (as transferred and redesignated by subparagraph (B)), and redesignating those subsections as subsections (b), (c), and (d), respectively;Effective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 901(g)(1)(E) · 128 Stat. 3292
Inserted · 10 U.S.C. § 2926(c)(1)
Pub. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “The Assistant Secretary”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “The Assistant Secretary”.Enacted provision · exact public law section
(E) in subsections (a), (b), (c), and (d) of section 2926 (as transferred and redesignated by subparagraphs (B) and (D)), by inserting “of Defense for Installations, Energy, and Environment” after “Assistant Secretary” the first place it appears in each such subsection;Effective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 901(g)(1)(G) · 128 Stat. 3292
Amended · 10 U.S.C. § 2926(c)(4)(6)
Pub. L. 113–291, § 901(g)(1)(G), amended pars. (4) to (6) generally. Prior to amendment, pars. (4) to (6) required the Secretary of Defense to report to Congress, by a certain date, on proposed budgets not certified by the Assistant Secretary under par. (3), including a separate statement of certain estimated expenditures and requested appropriations
Source evidence
Code amendment note
Subsec. (c)(4) to (6). Pub. L. 113–291, § 901(g)(1)(G), amended pars. (4) to (6) generally. Prior to amendment, pars. (4) to (6) required the Secretary of Defense to report to Congress, by a certain date, on proposed budgets not certified by the Assistant Secretary under par. (3), including a separate statement of certain estimated expenditures and requested appropriations.Enacted provision · exact public law section
(G) in subsection (c) of section 2926 (as transferred and redesignated by subparagraph (D)), by amending paragraphs (4), (5), and (6) to read as follows: “(4) Not later than 30 days after the date on which the budget for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to Congress a report on the proposed budgets for that fiscal year that were reviewed by the Assistant Secretary under paragraph (3). “(5) For each proposed budget covered by a report under paragraph (4) for which the certification of the Assistant Secretary under paragraph (3) is that the budget is not adequate for implementation of the strategy, the report shall include the following: “(A) A copy of the report set forth in paragraph (3). “(B) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inadequacy of the proposed budget. “(C) An appendix prepared by the Chairman of the Joint Chiefs of Staff describing— “(i) the progress made by the Joint Requirements Oversight Council in implementing the energy Key Performance Parameter; and “(ii) details regarding how operational energy is being addressed in defense planning, scenarios, support to strategic analysis, and resulting policy to improve combat capability. “(D) An appendix prepared by the Under Secretary of Defense for Acquisition, Technology, and Logistics certifying that and describing how the acquisition system is addressing operational energy in the procurement process, including long-term sustainment considerations, and how programs are extending combat capability as a result of these considerations. “(E) A separate statement of estimated expenditures and requested appropriations for that fiscal year for the activities of the Assistant Secretary in carrying out the duties of the Assistant Secretary. “(F) Any additional comments that the Secretary considers appropriate regarding the inadequacy of the proposed budgets. “(6) For each proposed budget covered by a report under paragraph (4) for which the certification of the Assistant Secretary under paragraph (3) is that the budget is adequate for implementation of the strategy, the report shall include the items set forth in subparagraphs (C), (D), and (E) of paragraph (5).” .Effective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 901(g)(1)(D) · 128 Stat. 3292
Changed · 10 U.S.C. § 2926(d)
Pub. L. 113–291, § 901(g)(1)(D), transferred subsec. (f) of section 138c of this title to subsec. (d) of this section. See Codification note above
Source evidence
Code amendment note
Subsec. (d). Pub. L. 113–291, § 901(g)(1)(D), transferred subsec. (f) of section 138c of this title to subsec. (d) of this section. See Codification note above.Enacted provision · exact public law section
(D) by transferring subsections (d), (e), and (f) of section 138c of such title to section 2926, as added by subparagraph (A), inserting those subsections after subsection (a) (as transferred and redesignated by subparagraph (B)), and redesignating those subsections as subsections (b), (c), and (d), respectively;Effective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015
Pub. L. 113–291 § 901(g)(1)(E) · 128 Stat. 3292
Inserted · 10 U.S.C. § 2926(d)(1)
Pub. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “the Assistant Secretary”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “the Assistant Secretary”.Enacted provision · exact public law section
(E) in subsections (a), (b), (c), and (d) of section 2926 (as transferred and redesignated by subparagraphs (B) and (D)), by inserting “of Defense for Installations, Energy, and Environment” after “Assistant Secretary” the first place it appears in each such subsection;Effective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 § 1081(a)(12) · 129 Stat. 726
Substituted · 10 U.S.C. § 2926
Pub. L. 114–92, § 1081(a)(12), substituted “for Energy, Installations, and Environment” for “for Installations, Energy, and Environment” in subsecs. (a) to (d)
Source evidence
Code amendment note
Pub. L. 114–92, § 1081(a)(12), substituted “for Energy, Installations, and Environment” for “for Installations, Energy, and Environment” in subsecs. (a) to (d).Enacted provision · exact public law section
(12) Section 2926, as added and amended by section 901(g) of the National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3464), is amended in subsections (a), (b), (c), and (d) by striking “for Installations, Energy,” each place it appears and inserting “for Energy, Installations,”.Effective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 § 1081(b)(2) · 129 Stat. 726
Amended · 10 U.S.C. § 2926(b)(4)
Pub. L. 114–92, § 1081(b)(2), amended directory language of Pub. L. 113–291, § 901(g)(1)(F). See 2014 Amendment note below
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 114–92, § 1081(b)(2), amended directory language of Pub. L. 113–291, § 901(g)(1)(F). See 2014 Amendment note below.Enacted provision · exact public law section
(2) Section 901(g)(1)(F) (128 Stat. 3465) 10 USC 2926. is amended by inserting “paragraph (4) of” before “subsection (b) of section 2926”.Effective date note
Pub. L. 114–92, div. A, title X, § 1081(b), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of Dec. 19, 2014, and as if included in Pub. L. 113–291 as enacted.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 314(a)(2) · 132 Stat. 1636
Redesignated · 10 U.S.C. § 2926(a); 10 U.S.C. § 2926(b)
Pub. L. 115–232, § 314(a)(2), added subsecs. (a) and (b). Former subsecs. (a) and (b) redesignated (c) and (d), respectively
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 115–232, § 314(a)(2), added subsecs. (a) and (b). Former subsecs. (a) and (b) redesignated (c) and (d), respectively.Enacted provision · exact public law section
(2) by inserting before subsection (c), as redesignated by paragraph (1), the following new subsections: “(a) Operational Energy Policy.— In carrying out section 2911(a) of this title, the Secretary of Defense shall ensure the types, availability, and use of operational energy promote the readiness of the armed forces for their military missions. “(b) Authorities.— The Secretary of Defense may— “(1) require the Secretary of a military department or the commander of a combatant command to assess the energy supportability of systems, capabilities, and plans; “(2) authorize the use of energy security, cost of backup power, and energy resilience as factors in the cost-benefit analysis for procurement of operational equipment; and “(3) in selecting equipment that will use operational energy, give favorable consideration to the acquisition of equipment that enhances energy security, energy resilience, energy conservation, and reduces logistical vulnerabilities.” ; andJohn S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 314(a)(3)(A) · 132 Stat. 1636
Substituted · 10 U.S.C. § 2926(c)
Pub. L. 115–232, § 314(a)(3)(A), (B), substituted “Functions of the Assistant Secretary of Defense for Energy, Installations, and Environment” for “Alternative Fuel Activities” in introductory provisions
Substituted · 10 U.S.C. § 2926(c)
Pub. L. 115–232, § 314(a)(3)(A), (B), substituted “heads of the appropriate Department of Defense components” for “heads of the military departments and the Assistant Secretary of Defense for Research and Engineering” in introductory provisions
Source evidence
Code amendment note
Subsec. (c). Pub. L. 115–232, § 314(a)(3)(A), (B), substituted “Functions of the Assistant Secretary of Defense for Energy, Installations, and Environment” for “Alternative Fuel Activities” in heading and “heads of the appropriate Department of Defense components” for “heads of the military departments and the Assistant Secretary of Defense for Research and Engineering” in introductory provisions.Enacted provision · exact public law section
(A) in the subsection heading, by striking “Alternative Fuel Activities” and inserting “Functions of the Assistant Secretary of Defense for Energy, Installations, and Environment”;John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 314(a)(1) · 132 Stat. 1636
Redesignated · 10 U.S.C. § 2926(c)
Pub. L. 115–232, § 314(a)(1), redesignated subsec. (a) as (c). Former subsec. (c) redesignated (e)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 115–232, § 314(a)(1), redesignated subsec. (a) as (c). Former subsec. (c) redesignated (e).Enacted provision · exact public law section
(1) by redesignating subsections (a), (b), (c), and (d) as subsections (c), (d), (e), (f), respectively;John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 314(a)(3)(C) · 132 Stat. 1636
Substituted · 10 U.S.C. § 2926(c)(1)
Pub. L. 115–232, § 314(a)(3)(C), substituted “oversee the operational energy activities” for “lead the alternative fuel activities”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 115–232, § 314(a)(3)(C), substituted “oversee the operational energy activities” for “lead the alternative fuel activities”.Enacted provision · exact public law section
(C) in paragraph (1), by striking “lead the alternative fuel activities” and inserting “oversee the operational energy activities”;John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 314(a)(3)(D) · 132 Stat. 1636
Substituted · 10 U.S.C. § 2926(c)(2)
Pub. L. 115–232, § 314(a)(3)(D), substituted “regarding the policies and investments that affect the use of operational energy across the Department of Defense” for “regarding the development of alternative fuels by the military departments and the Office of the Secretary of Defense”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 115–232, § 314(a)(3)(D), substituted “regarding the policies and investments that affect the use of operational energy across the Department of Defense” for “regarding the development of alternative fuels by the military departments and the Office of the Secretary of Defense”.Enacted provision · exact public law section
(D) in paragraph (2), by striking “regarding the development of alternative fuels by the military departments and the Office of the Secretary of Defense” and inserting “regarding the policies and investments that affect the use of operational energy across the Department of Defense”;John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 314(a)(3)(E) · 132 Stat. 1636
Substituted · 10 U.S.C. § 2926(c)(3)
Pub. L. 115–232, § 314(a)(3)(E), substituted “recommend to the Secretary policy to improve warfighting capability through energy security and energy resilience” for “prescribe policy to streamline the investments in alternative fuel activities across the Department of Defense”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 115–232, § 314(a)(3)(E), substituted “recommend to the Secretary policy to improve warfighting capability through energy security and energy resilience” for “prescribe policy to streamline the investments in alternative fuel activities across the Department of Defense”.Enacted provision · exact public law section
(E) in paragraph (3), by striking “prescribe policy to streamline the investments in alternative fuel activities across the Department of Defense” and inserting “recommend to the Secretary policy to improve warfighting capability through energy security and energy resilience”; andJohn S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 314(a)(3)(F) · 132 Stat. 1636
Substituted · 10 U.S.C. § 2926(c)(5)
Pub. L. 115–232, § 314(a)(3)(F), substituted “subsection (e)(4)” for “subsection (c)(4)”
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 115–232, § 314(a)(3)(F), substituted “subsection (e)(4)” for “subsection (c)(4)”.Enacted provision · exact public law section
(F) in paragraph (5), by striking “subsection (c)(4)” and inserting “subsection (e)(4)”.John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 § 314(a)(1) · 132 Stat. 1636
Redesignated · 10 U.S.C. § 2926(d)(f)
Pub. L. 115–232, § 314(a)(1), redesignated subsecs. (b) to (d) as (d) to (f), respectively
Source evidence
Code amendment note
Subsecs. (d) to (f). Pub. L. 115–232, § 314(a)(1), redesignated subsecs. (b) to (d) as (d) to (f), respectively.Enacted provision · exact public law section
(1) by redesignating subsections (a), (b), (c), and (d) as subsections (c), (d), (e), (f), respectively;National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 320(c)(1) · 133 Stat. 1198
Substituted · 10 U.S.C. § 2926
Pub. L. 116–92, § 320(c)(1), substituted “Operational energy” for “Operational energy activities” in section catchline
Source evidence
Code amendment note
Pub. L. 116–92, § 320(c)(1), substituted “Operational energy” for “Operational energy activities” in section catchline.Enacted provision · exact public law section
(1) Heading amendment.— The heading of section 2926 of such title is amended to read as follows: “§ 2926. Operational energy” .National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 320(a)(1)(B) · 133 Stat. 1198
Substituted · 10 U.S.C. § 2926(d)(1)
Pub. L. 116–92, § 320(a)(1)(B), substituted “the Defense Agencies” for “Defense Agencies”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 116–92, § 320(a)(1)(B), substituted “the Defense Agencies” for “Defense Agencies”.Enacted provision · exact public law section
(B) in section 2926(d)(1), in the second sentence, by striking “Defense Agencies” and inserting “the Defense Agencies”.National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 902(83) · 133 Stat. 1198
Substituted · 10 U.S.C. § 2926(e)(5)(D)
Pub. L. 116–92, § 902(83), substituted “Under Secretary for Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”
Source evidence
Code amendment note
Subsec. (e)(5)(D). Pub. L. 116–92, § 902(83), substituted “Under Secretary for Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.Enacted provision · exact public law section
(83) Section 2926(e)(5)(D) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary for Defense for Acquisition and Sustainment”.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(a)(1) · 135 Stat. 1541
Inserted · 10 U.S.C. § 2926(a)
Pub. L. 117–81, § 351(a)(1), inserted “in contested logistics environments” after “missions”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–81, § 351(a)(1), inserted “in contested logistics environments” after “missions”.Enacted provision · exact public law section
(1) in subsection (a), by inserting “in contested logistics environments” after “missions”; andNational Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(a)(2)(A) · 135 Stat. 1541
Substituted · 10 U.S.C. § 2926(b)
Pub. L. 117–81, § 351(a)(2)(A), (B), substituted “Responsibilities” for “Authorities” in introductory provisions
Substituted · 10 U.S.C. § 2926(b)
Pub. L. 117–81, § 351(a)(2)(A), (B), substituted “shall” for “may” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–81, § 351(a)(2)(A), (B), substituted “Responsibilities” for “Authorities” in heading and “shall” for “may” in introductory provisions.Enacted provision · exact public law section
(A) in the heading, by striking “Authorities” and inserting “Responsibilities”;National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(a)(2)(C) · 135 Stat. 1541
Amended · 10 U.S.C. § 2926(b)(1)
Pub. L. 117–81, § 351(a)(2)(C), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “require the Secretary of a military department or the commander of a combatant command to assess the energy supportability of systems, capabilities, and plans;”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 117–81, § 351(a)(2)(C), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “require the Secretary of a military department or the commander of a combatant command to assess the energy supportability of systems, capabilities, and plans;”.Enacted provision · exact public law section
(C) by amending paragraph (1) to read as follows: “(1) require the Secretaries concerned and the commanders of the combatant commands to assess the energy supportability in contested logistics environments of systems, capabilities, and plans;” ;National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(a)(2)(D) · 135 Stat. 1541
Inserted · 10 U.S.C. § 2926(b)(2)
Pub. L. 117–81, § 351(a)(2)(D), inserted “supportability in contested logistics environments,” after “power,”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 117–81, § 351(a)(2)(D), inserted “supportability in contested logistics environments,” after “power,”.Enacted provision · exact public law section
(D) in paragraph (2), by inserting “ supportability in contested logistics environments,” after “power,”; andNational Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(a)(2)(E) · 135 Stat. 1541
Inserted · 10 U.S.C. § 2926(b)(3)
Pub. L. 117–81, § 351(a)(2)(E), inserted “in contested logistics environments” after “vulnerabilities”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 117–81, § 351(a)(2)(E), inserted “in contested logistics environments” after “vulnerabilities”.Enacted provision · exact public law section
(E) in paragraph (3), by inserting “in contested logistics environments” after “vulnerabilities”.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(b)(1)(A) · 135 Stat. 1541
Inserted · 10 U.S.C. § 2926(c)
Pub. L. 117–81, § 351(b)(1)(A), inserted “and in coordination with the working group under subsection (d)” after “components” in introductory provisions
Source evidence
Code amendment note
Subsec. (c). Pub. L. 117–81, § 351(b)(1)(A), inserted “and in coordination with the working group under subsection (d)” after “components” in introductory provisions.Enacted provision · exact public law section
(A) in the matter preceding paragraph (1), by inserting “ and in coordination with the working group under subsection (d)” after “components”;National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(b)(1)(B) · 135 Stat. 1541
Substituted · 10 U.S.C. § 2926(c)(1)
Pub. L. 117–81, § 351(b)(1)(B), substituted “Defense, including the activities of the working group established under subsection (d), and oversee” for “Defense and oversee”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 117–81, § 351(b)(1)(B), substituted “Defense, including the activities of the working group established under subsection (d), and oversee” for “Defense and oversee”.Enacted provision · exact public law section
(B) in paragraph (1), by striking “Defense and oversee” and inserting “Defense, including the activities of the working group established under subsection (d), and oversee”;National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(b)(1)(C) · 135 Stat. 1541
Inserted · 10 U.S.C. § 2926(c)(2)
Pub. L. 117–81, § 351(b)(1)(C), inserted “, taking into account the findings of the working group under subsection (d)” after “Defense”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 117–81, § 351(b)(1)(C), inserted “, taking into account the findings of the working group under subsection (d)” after “Defense”.Enacted provision · exact public law section
(C) in paragraph (2), by inserting “, taking into account the findings of the working group under subsection (d)” after “Defense”; andNational Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(b)(1)(D) · 135 Stat. 1541
Inserted · 10 U.S.C. § 2926(c)(3)
Pub. L. 117–81, § 351(b)(1)(D), inserted “, taking into account the findings of the working group under subsection (d)” after “resilience”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 117–81, § 351(b)(1)(D), inserted “, taking into account the findings of the working group under subsection (d)” after “resilience”.Enacted provision · exact public law section
(D) in paragraph (3), by inserting “, taking into account the findings of the working group under subsection (d)” after “resilience”;National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(e) · 135 Stat. 1541
Substituted · 10 U.S.C. § 2926(c)(5)
Pub. L. 117–81, § 351(e), substituted “subsection (f)(4)” for “subsection (e)(4)”
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 117–81, § 351(e), substituted “subsection (f)(4)” for “subsection (e)(4)”.Enacted provision · exact public law section
(e) Conforming Amendment.— Section 2926(c)(5) of title 10, United States Code, is amended by striking “subsection (e)(4)” and inserting “subsection (f)(4)”.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(b)(3) · 135 Stat. 1541
Redesignated · 10 U.S.C. § 2926(d)
Pub. L. 117–81, § 351(b)(3), added subsec. (d). Former subsec. (d) redesignated (e)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 117–81, § 351(b)(3), added subsec. (d). Former subsec. (d) redesignated (e).Enacted provision · exact public law section
(3) by inserting after subsection (c), as amended by paragraph (1), the following new subsection: “(d) Working Group.— (1) The Secretary of Defense shall establish a working group to integrate efforts to mitigate contested logistics challenges through the reduction of operational energy demand that are carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense and to conduct other coordinated functions relating to such efforts. “(2) The head of the working group under paragraph (1) shall be the Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary shall supervise the members of the working group and provide guidance to such members with respect to specific operational energy plans and programs to be carried out pursuant to the strategy under subsection (e). “(3) The members of the working group under paragraph (1) shall be appointed as follows: “(A) A senior official of each armed force, who shall be nominated by the Secretary concerned and confirmed by the Senate to represent such armed force. “(B) A senior official from each geographic and functional combatant command, who shall be appointed by the commander of the respective combatant command to represent such combatant command. “(C) A senior official under the jurisdiction of the Chairman of the Joint Chiefs of Staff, who shall be appointed by the Chairman to represent the Joint Chiefs of Staff and the Joint Staff. “(4) Each member of the working group shall be responsible for carrying out operational energy plans and programs and implementing coordinated initiatives pursuant to the strategy under subsection (e) for the respective component of the Department that the member represents. “(5) The duties of the working group under paragraph (1) shall be as follows: “(A) Planning for the integration of efforts to mitigate contested logistics challenges through the reduction of operational energy demand carried out within each armed force, across the armed forces, and with the Office of the Secretary of Defense. “(B) Developing recommendations regarding the strategy for operational energy under subsection (e). “(C) Developing recommendations relating to the development of, and modernization efforts for, platforms and weapons systems of the armed forces. “(D) Developing recommendations to ensure that such development and modernization efforts lead to increased lethality, extended range, and extended on-station time for tactical assets. “(E) Developing recommendations to mitigate the effects of hostile action by a near-peer adversary targeting operational energy storage and operations of the armed forces, including through the use of innovative delivery systems, distributed storage, flexible contracting, and improved automation.” ; andNational Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(b)(2) · 135 Stat. 1541
Redesignated · 10 U.S.C. § 2926(e)
Pub. L. 117–81, § 351(b)(2), (c), redesignated subsec. (d) as (e)
Amended · 10 U.S.C. § 2926(e)
Pub. L. 117–81, § 351(b)(2), (c), amended it generally. Prior to amendment, subsec. related to budgetary and financial matters relating to the operational energy strategy. Section 351(c), which directed amending subsec. (e) to read as follows but omitted the subsec. designation and heading, was executed by amending the text of subsec. (e) and retaining the existing designation and heading, to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (e). Pub. L. 117–81, § 351(b)(2), (c), redesignated subsec. (d) as (e) and amended it generally. Prior to amendment, subsec. related to budgetary and financial matters relating to the operational energy strategy. Section 351(c), which directed amending subsec. (e) to read as follows but omitted the subsec. designation and heading, was executed by amending the text of subsec. (e) and retaining the existing designation and heading, to reflect the probable intent of Congress.Enacted provision · exact public law section
(2) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively;National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(b)(2) · 135 Stat. 1541
Redesignated · 10 U.S.C. § 2926(f); 10 U.S.C. § 2926(g)
Pub. L. 117–81, § 351(b)(2), redesignated subsecs. (e) and (f) as (f) and (g), respectively
Source evidence
Code amendment note
Subsecs. (f), (g). Pub. L. 117–81, § 351(b)(2), redesignated subsecs. (e) and (f) as (f) and (g), respectively.Enacted provision · exact public law section
(2) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively;National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(b)(4)(A) · 135 Stat. 1541
Substituted · 10 U.S.C. § 2926(g)(1)
Pub. L. 117–81, § 351(b)(4)(A), substituted “Each member of the working group under subsection (d)” for “The Secretary of a military department”
Substituted · 10 U.S.C. § 2926(g)(1)
Pub. L. 117–81, § 351(b)(4)(A), substituted “conducted by the respective component of the Department that the member represents for purposes of the working group” for “conducted by the military department”
Source evidence
Code amendment note
Subsec. (g)(1). Pub. L. 117–81, § 351(b)(4)(A), substituted “Each member of the working group under subsection (d)” for “The Secretary of a military department” and “conducted by the respective component of the Department that the member represents for purposes of the working group” for “conducted by the military department”.Enacted provision · exact public law section
(A) in paragraph (1)— (i) by striking “The Secretary of a military department” and inserting “Each member of the working group under subsection (d)”; and (ii) by striking “conducted by the military department” and inserting “conducted by the respective component of the Department that the member represents for purposes of the working group”; andNational Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(b)(4)(B) · 135 Stat. 1541
Substituted · 10 U.S.C. § 2926(g)(2)
Pub. L. 117–81, § 351(b)(4)(B), substituted “armed force” for “military department”
Source evidence
Code amendment note
Subsec. (g)(2). Pub. L. 117–81, § 351(b)(4)(B), substituted “armed force” for “military department”.Enacted provision · exact public law section
(B) in paragraph (2), by striking “military department” and inserting “armed force”.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 351(d) · 135 Stat. 1541
Added · 10 U.S.C. § 2926(h)
Pub. L. 117–81, § 351(d), added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 117–81, § 351(d), added subsec. (h).Enacted provision · exact public law section
(d) Definition.— Such section is further amended by adding at the end the following new subsection: “(h) Contested Logistics Environment Defined.— In this section, the term ‘contested logistics environment’ means an environment in which the armed forces engage in conflict with an adversary that presents challenges in all domains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other.” .National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 343(1)(A)(i) · 137 Stat. 136
Struck · 10 U.S.C. § 2926(d)(3)
Pub. L. 118–31, § 343(1)(A)(i), struck out “appointed” after “shall be” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 118–31, § 343(1)(A)(i), struck out “appointed” after “shall be” in introductory provisions.Enacted provision · exact public law section
(i) in the matter preceding subparagraph (A), by striking “appointed”; andNational Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 343(1)(A)(ii) · 137 Stat. 136
Added · 10 U.S.C. § 2926(d)(3)(D)(G)
Pub. L. 118–31, § 343(1)(A)(ii), added subpars. (D) to (G)
Source evidence
Code amendment note
Subsec. (d)(3)(D) to (G). Pub. L. 118–31, § 343(1)(A)(ii), added subpars. (D) to (G).Enacted provision · exact public law section
(ii) by adding at the end the following new subparagraphs: “(D) A senior official of the Defense Logistics Agency, who shall be appointed by the Director of the Defense Logistics Agency to represent the Defense Logistics Agency. “(E) An official of the Office of the Under Secretary of Defense for Research and Engineering, who shall be nominated by the Secretary of Defense and confirmed by the Senate to represent such Office. “(F) The Assistant Secretary of Defense for Acquisition, who shall represent the Office of the Under Secretary of Defense for Acquisition. “(G) The Assistant Secretary of Defense for Sustainment, who shall represent the Office of the Assistant Secretary of Defense for Sustainment.” .National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 343(2) · 137 Stat. 136
Inserted · 10 U.S.C. § 2926(d)(4)
Pub. L. 118–31, § 343(2), inserted “, or developing capabilities for such purposes,” after “coordinated initiatives”
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 118–31, § 343(2), inserted “, or developing capabilities for such purposes,” after “coordinated initiatives”.Enacted provision · exact public law section
(2) Responsibilities of members.— In paragraph (4), by inserting “, or developing capabilities for such purposes,” after “coordinated initiatives”.National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 343(3) · 137 Stat. 136
Added · 10 U.S.C. § 2926(d)(6); 10 U.S.C. § 2926(d)(7)
Pub. L. 118–31, § 343(3), added pars. (6) and (7)
Source evidence
Code amendment note
Subsec. (d)(6), (7). Pub. L. 118–31, § 343(3), added pars. (6) and (7).Enacted provision · exact public law section
(3) Meetings; reports.— By adding at the end the following new paragraphs: “(6) The working group under paragraph (1) shall meet not less frequently than quarterly. “(7) (A) Not later than February 1 of each year, the working group under paragraph (1) shall submit to the congressional defense committees a report that contains a description of the following: “(i) The topics addressed in the meetings of the working group during the preceding year. “(ii) The priorities of the working group for the following year (including with respect to any shortfalls in personnel, equipment, infrastructure, energy and storage, or capabilities) in support of the operational plans of the Department of Defense. “(iii) Any steps taken by the working group, as of the date of the submission, to address any identified shortfalls in budget or capabilities. “(B) Each report under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.” .National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 1053 · 137 Stat. 136
Substituted · 10 U.S.C. § 2926(e)(2)(E)
Pub. L. 118–31, § 1053, substituted “A biennial assessment” for “An assessment”
Substituted · 10 U.S.C. § 2926(e)(2)(E)
Pub. L. 118–31, § 1053, substituted “adversary, which shall include—” for “adversary.”
Added · 10 U.S.C. § 2926(e)(2)(E)
Pub. L. 118–31, § 1053, added cls. (i) to (iv)
Source evidence
Code amendment note
Subsec. (e)(2)(E). Pub. L. 118–31, § 1053, substituted “A biennial assessment” for “An assessment” and “adversary, which shall include—” for “adversary.” and added cls. (i) to (iv).Enacted provision · exact public law section
SEC. 1053. COLLABORATION WITH PARTNER COUNTRIES TO DEVELOP AND MAINTAIN MILITARY-WIDE TRANSFORMATIONAL STRATEGIES FOR OPERATIONAL ENERGY. Section 2926(e)(2)(E) of title 10, United States Code, is amended— (1) by striking “An assessment” and inserting “A biennial assessment”; (2) by striking the period at the end and inserting “, which shall include—”; and (3) by adding at the end the following new clauses: “(i) an identification of efforts by the United States and allied and partner countries to mitigate mutual contested logistics challenges and to develop complementary energy security and energy reliance measures; “(ii) an analysis of investments made by allied and partner countries in any technology, including electric, hydrogen, nuclear, biofuels, and any other sustainable fuel technology or renewable energy technology, that may reduce demand for operational energy in the near-term or long-term; “(iii) an identification of any limitations or barriers to closing or mitigating gaps in operational energy investment with allied and partner countries, including any additional authorities or appropriations that may be required; and “(iv) an analysis of the feasibility and advisability of establishing a partnership program using existing authorities to collaborate with the national security forces of allied and partner countries for the purpose of developing and maintaining transformational strategies for operational energy with the objectives of enhancing the readiness of such countries and employing diverse energy sources that reduce demand and logistical vulnerabilities.” .
54 of 54 references resolved to an enrolled provision
Editorial Notes
Codification
Subsec. (c)(3) of section 138c of this title, which was transferred to subsec. (a) (now (c)) of this section by Pub. L. 113–291, § 901(g)(1)(B), was based on Pub. L. 112–81, div. A, title III, § 314(a), , 125 Stat. 1357. Subsecs. (d) to (f) of section 138c of this title, which were transferred to subsecs. (b) to (d) (now (d) to (f)), respectively, of this section by Pub. L. 113–291, § 901(g)(1)(D), were based on Pub. L. 110–417, [div. A], title IX, § 902(a), , 122 Stat. 4564; amended Pub. L. 111–383, div. A, title IX, § 901(b)(7)(B)–(D), , 124 Stat. 4320; Pub. L. 112–81, div. A, title III, § 311, , 125 Stat. 1351; Pub. L. 113–66, div. A, title III, § 311, , 127 Stat. 728.
Amendments2014–2023 · 6 rounds
2023
Subsec. (d)(3). Pub. L. 118–31, § 343(1)(A)(i), struck out “appointed” after “shall be” in introductory provisions.
Subsec. (d)(3)(D) to (G). Pub. L. 118–31, § 343(1)(A)(ii), added subpars. (D) to (G).
Subsec. (d)(4). Pub. L. 118–31, § 343(2), inserted “, or developing capabilities for such purposes,” after “coordinated initiatives”.
Subsec. (d)(6), (7). Pub. L. 118–31, § 343(3), added pars. (6) and (7).
Subsec. (e)(2)(E). Pub. L. 118–31, § 1053, substituted “A biennial assessment” for “An assessment” and “adversary, which shall include—” for “adversary.” and added cls. (i) to (iv).
2021
Subsec. (a). Pub. L. 117–81, § 351(a)(1), inserted “in contested logistics environments” after “missions”.
Subsec. (b). Pub. L. 117–81, § 351(a)(2)(A), (B), substituted “Responsibilities” for “Authorities” in heading and “shall” for “may” in introductory provisions.
Subsec. (b)(1). Pub. L. 117–81, § 351(a)(2)(C), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “require the Secretary of a military department or the commander of a combatant command to assess the energy supportability of systems, capabilities, and plans;”.
Subsec. (b)(2). Pub. L. 117–81, § 351(a)(2)(D), inserted “supportability in contested logistics environments,” after “power,”.
Subsec. (b)(3). Pub. L. 117–81, § 351(a)(2)(E), inserted “in contested logistics environments” after “vulnerabilities”.
Subsec. (c). Pub. L. 117–81, § 351(b)(1)(A), inserted “and in coordination with the working group under subsection (d)” after “components” in introductory provisions.
Subsec. (c)(1). Pub. L. 117–81, § 351(b)(1)(B), substituted “Defense, including the activities of the working group established under subsection (d), and oversee” for “Defense and oversee”.
Subsec. (c)(2). Pub. L. 117–81, § 351(b)(1)(C), inserted “, taking into account the findings of the working group under subsection (d)” after “Defense”.
Subsec. (c)(3). Pub. L. 117–81, § 351(b)(1)(D), inserted “, taking into account the findings of the working group under subsection (d)” after “resilience”.
Subsec. (c)(5). Pub. L. 117–81, § 351(e), substituted “subsection (f)(4)” for “subsection (e)(4)”.
Subsec. (d). Pub. L. 117–81, § 351(b)(3), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 117–81, § 351(b)(2), (c), redesignated subsec. (d) as (e) and amended it generally. Prior to amendment, subsec. related to budgetary and financial matters relating to the operational energy strategy. Section 351(c), which directed amending subsec. (e) to read as follows but omitted the subsec. designation and heading, was executed by amending the text of subsec. (e) and retaining the existing designation and heading, to reflect the probable intent of Congress.
Subsecs. (f), (g). Pub. L. 117–81, § 351(b)(2), redesignated subsecs. (e) and (f) as (f) and (g), respectively.
Subsec. (g)(1). Pub. L. 117–81, § 351(b)(4)(A), substituted “Each member of the working group under subsection (d)” for “The Secretary of a military department” and “conducted by the respective component of the Department that the member represents for purposes of the working group” for “conducted by the military department”.
Subsec. (g)(2). Pub. L. 117–81, § 351(b)(4)(B), substituted “armed force” for “military department”.
Subsec. (h). Pub. L. 117–81, § 351(d), added subsec. (h).
2019
Pub. L. 116–92, § 320(c)(1), substituted “Operational energy” for “Operational energy activities” in section catchline.
Subsec. (d)(1). Pub. L. 116–92, § 320(a)(1)(B), substituted “the Defense Agencies” for “Defense Agencies”.
Subsec. (e)(5)(D). Pub. L. 116–92, § 902(83), substituted “Under Secretary for Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
2018
Subsecs. (a), (b). Pub. L. 115–232, § 314(a)(2), added subsecs. (a) and (b). Former subsecs. (a) and (b) redesignated (c) and (d), respectively.
Subsec. (c). Pub. L. 115–232, § 314(a)(3)(A), (B), substituted “Functions of the Assistant Secretary of Defense for Energy, Installations, and Environment” for “Alternative Fuel Activities” in heading and “heads of the appropriate Department of Defense components” for “heads of the military departments and the Assistant Secretary of Defense for Research and Engineering” in introductory provisions.
Pub. L. 115–232, § 314(a)(1), redesignated subsec. (a) as (c). Former subsec. (c) redesignated (e).
Subsec. (c)(1). Pub. L. 115–232, § 314(a)(3)(C), substituted “oversee the operational energy activities” for “lead the alternative fuel activities”.
Subsec. (c)(2). Pub. L. 115–232, § 314(a)(3)(D), substituted “regarding the policies and investments that affect the use of operational energy across the Department of Defense” for “regarding the development of alternative fuels by the military departments and the Office of the Secretary of Defense”.
Subsec. (c)(3). Pub. L. 115–232, § 314(a)(3)(E), substituted “recommend to the Secretary policy to improve warfighting capability through energy security and energy resilience” for “prescribe policy to streamline the investments in alternative fuel activities across the Department of Defense”.
Subsec. (c)(5). Pub. L. 115–232, § 314(a)(3)(F), substituted “subsection (e)(4)” for “subsection (c)(4)”.
Subsecs. (d) to (f). Pub. L. 115–232, § 314(a)(1), redesignated subsecs. (b) to (d) as (d) to (f), respectively.
2015
Pub. L. 114–92, § 1081(a)(12), substituted “for Energy, Installations, and Environment” for “for Installations, Energy, and Environment” in subsecs. (a) to (d).
Subsec. (b)(4). Pub. L. 114–92, § 1081(b)(2), amended directory language of Pub. L. 113–291, § 901(g)(1)(F). See 2014 Amendment note below.
2014
Subsec. (a). Pub. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “The Assistant Secretary” in introductory provisions.
Pub. L. 113–291, § 901(g)(1)(B)–(C)(ii), transferred subsec. (c)(3) of section 138c of this title to subsec. (a) of this section, inserted heading, and redesignated subpars. (A) to (E) as pars. (1) to (5), respectively. See Codification note above.
Subsec. (a)(5). Pub. L. 113–291, § 901(g)(1)(C)(iii), substituted “subsection (c)(4)” for “subsection (e)(4)”.
Subsec. (b). Pub. L. 113–291, § 901(g)(1)(D), transferred subsec. (d) of section 138c of this title to subsec. (b) of this section. See Codification note above.
Subsec. (b)(1). Pub. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “The Assistant Secretary”.
Subsec. (b)(4). Pub. L. 113–291, § 901(g)(1)(F), as amended by Pub. L. 114–92, § 1081(b)(2), substituted “make recommendations to the Secretary of Defense and Deputy Secretary of Defense and provide guidance to the Secretaries of the military departments” for “provide guidance to, and consult with, the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the military departments,”.
Subsec. (c). Pub. L. 113–291, § 901(g)(1)(D), transferred subsec. (e) of section 138c of this title to subsec. (c) of this section. See Codification note above.
Subsec. (c)(1). Pub. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “The Assistant Secretary”.
Subsec. (c)(4) to (6). Pub. L. 113–291, § 901(g)(1)(G), amended pars. (4) to (6) generally. Prior to amendment, pars. (4) to (6) required the Secretary of Defense to report to Congress, by a certain date, on proposed budgets not certified by the Assistant Secretary under par. (3), including a separate statement of certain estimated expenditures and requested appropriations.
Subsec. (d). Pub. L. 113–291, § 901(g)(1)(D), transferred subsec. (f) of section 138c of this title to subsec. (d) of this section. See Codification note above.
Subsec. (d)(1). Pub. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “the Assistant Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–92, div. A, title X, § 1081(b), , 129 Stat. 1001, provided in part that the amendment made by section 1081(b) is effective as of , and as if included in Pub. L. 113–291 as enacted.
Termination of Reporting Requirements
For termination, effective , of provisions in subsec. (c)(4) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
Timing for Appointment of Additional Working Group Members
Pub. L. 118–31, div. A, title III, § 343(1)(B), , 137 Stat. 224, provided that: “Not later than 60 days after the date of the enactment of this Act [], the Secretary of Defense shall appoint the additional members of the working group required under subparagraphs (D) through (G) of paragraph (3) of such section [10 U.S.C. 2926(d)], as added by subparagraph (A).”
Credits
2014–2023 · 6 acts
- 2014Added and amended Pub. L. 113–291, div. A, title IX, § 901(g)(1), , 128 Stat. 3464
- 2015Pub. L. 114–92, div. A, title X, § 1081(a)(12), (b)(2), , 129 Stat. 1001
- 2018Pub. L. 115–232, div. A, title III, § 314(a), , 132 Stat. 1711
- 2019Pub. L. 116–92, div. A, title III, § 320(a)(1)(B), (c)(1), title IX, § 902(83), , 133 Stat. 1306, 1307, 1553
- 2021Pub. L. 117–81, div. A, title III, § 351(a)–(e), , 135 Stat. 1650–1653
- 2023Pub. L. 118–31, div. A, title III, § 343(1)(A), (2), (3), title X, § 1053, , 137 Stat. 224, 396.
Show as published
(Added and amended Pub. L. 113–291, div. A, title IX, § 901(g)(1), , 128 Stat. 3464; Pub. L. 114–92, div. A, title X, § 1081(a)(12), (b)(2), , 129 Stat. 1001; Pub. L. 115–232, div. A, title III, § 314(a), , 132 Stat. 1711; Pub. L. 116–92, div. A, title III, § 320(a)(1)(B), (c)(1), title IX, § 902(83), , 133 Stat. 1306, 1307, 1553; Pub. L. 117–81, div. A, title III, § 351(a)–(e), , 135 Stat. 1650–1653; Pub. L. 118–31, div. A, title III, § 343(1)(A), (2), (3), title X, § 1053, , 137 Stat. 224, 396.)