10 U.S.C. § 2926 — Operational energy

Page 2365 TITLE 10—ARMED FORCES § 2926 quirements for the initial report to be submitted by the Secretary of Defense. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–283, div. A, title III, § 336(b), Jan. 1, 2021, 134 Stat. 3533, provided that: ‘‘The reporting require- ment under paragraph (7) of section 2925(a) of title 10, United States Code, as added by subsection (a) of this section, applies to reports submitted under such sec- tion 2925 for fiscal year 2021 and thereafter.’’ USE OF ASSESSMENT TOOL Pub. L. 117–81, div. A, title III, § 311(i)(2), Dec. 27, 2021, 135 Stat. 1627, provided that: ‘‘The Secretary [of De- fense] shall use the Climate Vulnerability and Risk As- sessment Tool of the Department [of Defense] (or such successor tool) in preparing each report under section 2925(a) of title 10, United States Code (as amended by paragraph (1)) [section 2925(a) of this title struck out, and new section 2925(a) of this title added, by Pub. L. 117–263, see 2022 Amendment note above].’’ § 2926. Operational energy (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 in contested logistics environments. (b) RESPONSIBILITIES.—The Secretary of De- fense shall— (1) require the Secretaries concerned and the commanders of the combatant commands to assess the energy supportability in contested logistics environments of systems, capabili- ties, and plans; (2) 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 pro- curement of operational equipment; and (3) in selecting equipment that will use oper- ational energy, give favorable consideration to the acquisition of equipment that enhances energy security, energy resilience, energy con- servation, and reduces logistical vulnerabilities in contested logistics environ- ments. (c) FUNCTIONS OF THE ASSISTANT SECRETARY OF DEFENSE FOR ENERGY, INSTALLATIONS, AND ENVI- RONMENT.—The Assistant Secretary of Defense for Energy, Installations, and Environment, in consultation with the heads of the appropriate Department of Defense components and in co- ordination with the working group under sub- section (d), shall— (1) oversee the operational energy activities of the Department of Defense, including the activities of the working group established under subsection (d), and oversee the invest- ments of the Department in such activities; (2) 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 sub- section (d); (3) 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); (4) encourage collaboration with and leveraging of investments made by the Depart- ment of Energy, the Department of Agri- culture, and other relevant Federal agencies to advance alternative fuel development to the benefit of the Department of Defense; and (5) certify the budget associated with the in- vestment of the Department of Defense in al- ternative fuel activities in accordance with subsection (f)(4). (d) WORKING GROUP.—(1) The Secretary of De- fense shall establish a working group to inte- grate 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 para- graph (1) shall be the Assistant Secretary of De- fense for Energy, Installations, and Environ- ment. The Assistant Secretary shall supervise the members of the working group and provide guidance to such members with respect to spe- cific 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 as follows: (A) A senior official of each armed force, who shall be nominated by the Secretary con- cerned and confirmed by the Senate to rep- resent such armed force. (B) A senior official from each geographic and functional combatant command, who shall be appointed by the commander of the respec- tive 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 rep- resent the Joint Chiefs of Staff and the Joint Staff. (D) A senior official of the Defense Logistics Agency, who shall be appointed by the Direc- tor of the Defense Logistics Agency to rep- resent the Defense Logistics Agency. (E) An official of the Office of the Under Sec- retary of Defense for Research and Engineer- ing, who shall be nominated by the Secretary of Defense and confirmed by the Senate to rep- resent such Office. (F) The Assistant Secretary of Defense for Acquisition, who shall represent the Office of the Under Secretary of Defense for Acquisi- tion. (G) The Assistant Secretary of Defense for Sustainment, who shall represent the Office of the Assistant Secretary of Defense for Sustainment. (4) Each member of the working group shall be responsible for carrying out operational energy plans and programs and implementing coordi- nated 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. Page 2366 TITLE 10—ARMED FORCES § 2926 (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 sub- section (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 ef- forts lead to increased lethality, extended range, and extended on-station time for tac- tical assets. (E) Developing recommendations to miti- gate the effects of hostile action by a near- peer adversary targeting operational energy storage and operations of the armed forces, in- cluding through the use of innovative delivery systems, distributed storage, flexible con- tracting, and improved automation. (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 sub- mit to the congressional defense committees a report that contains a description of the fol- lowing: (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, infra- structure, energy and storage, or capabilities) in support of the operational plans of the De- partment 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 capabili- ties. (B) Each report under subparagraph (A) shall be submitted in unclassified form, but may in- clude a classified annex. (e) OPERATIONAL ENERGY STRATEGY.—(1) The Assistant Secretary of Defense for Energy, In- stallations, and Environment, in coordination with the working group under subsection (d), shall be responsible for the establishment and maintenance of a department-wide trans- formational 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 meas- ure 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. (2) The strategy required under paragraph (1) shall include the following: (A) A plan to integrate efforts to mitigate contested logistics challenges through the re- duction of operational energy demand within each armed force. (B) 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. (C) An assessment of any technologies, in- cluding electric, hydrogen, or other sustain- able fuel technologies, that may reduce oper- ational energy demand in the near-term or long-term. (D) An assessment of how the Secretaries concerned and the commanders of the combat- ant commands can better plan for challenges presented by near-peer adversaries in a con- tested logistics environment, including through innovative delivery systems, distrib- uted storage, flexible contracting, and im- proved automation. (E) A biennial assessment of any infrastruc- ture investments of allied and partner coun- tries that may affect operational energy avail- ability in the event of a conflict with a near- peer adversary, which shall include— (i) an identification of efforts by the United States and allied and partner coun- tries to mitigate mutual contested logistics challenges and to develop complementary energy security and energy reliance meas- ures; (ii) an analysis of investments made by al- lied and partner countries in any tech- nology, including electric, hydrogen, nu- clear, biofuels, and any other sustainable fuel technology or renewable energy tech- nology, that may reduce demand for oper- ational 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 addi- tional authorities or appropriations that may be required; and (iv) an analysis of the feasibility and ad- visability of establishing a partnership pro- gram using existing authorities to collabo- rate with the national security forces of al- lied and partner countries for the purpose of developing and maintaining trans- formational strategies for operational en- ergy with the objectives of enhancing the readiness of such countries and employing diverse energy sources that reduce demand and logistical vulnerabilities. (3) 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 imple- mentation of the strategy and make rec- ommendations to the Secretary of Defense and Deputy Secretary of Defense with respect to spe- cific operational energy plans and programs to be carried out pursuant to the strategy. (4) Not later than 30 days after the date on which the budget for fiscal year 2024 is sub- mitted to Congress pursuant to section 1105 of title 31, and every five years thereafter, the As- sistant Secretary shall submit to the congres- sional defense committees the strategy required under paragraph (1). Page 2367 TITLE 10—ARMED FORCES § 2926 (f) BUDGETARY AND FINANCIAL MATTERS.—(1) The Assistant Secretary of Defense for Energy, Installations, and Environment shall review and make recommendations to the Secretary of De- fense regarding all budgetary and financial mat- ters relating to the operational energy strategy. (2) The Secretary of Defense shall require that the Secretary of each military department and the head of each Defense Agency with responsi- bility 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 De- fense (Comptroller). (3) The Assistant Secretary shall review a pro- posed 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 re- spect to the proposed budget, together with the certification of the Assistant Secretary regard- ing whether the proposed budget is adequate for implementation of the strategy. (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 Con- gress 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 re- port under paragraph (4) for which the certifi- cation of the Assistant Secretary under para- graph (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 para- graph (3). (B) A discussion of the actions that the Sec- retary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address the inad- equacy 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 Require- ments Oversight Council in implementing the energy Key Performance Parameter; and (ii) details regarding how operational en- ergy is being addressed in defense planning, scenarios, support to strategic analysis, and resulting policy to improve combat capa- bility. (D) An appendix prepared by the Under Sec- retary for Defense for Acquisition and Sustainment certifying that and describing how the acquisition system is addressing oper- ational energy in the procurement process, in- cluding long-term sustainment considerations, and how programs are extending combat capa- bility as a result of these considerations. (E) A separate statement of estimated ex- penditures and requested appropriations for that fiscal year for the activities of the Assist- ant Secretary in carrying out the duties of the Assistant Secretary. (F) Any additional comments that the Sec- retary considers appropriate regarding the in- adequacy of the proposed budgets. (6) For each proposed budget covered by a re- port under paragraph (4) for which the certifi- cation of the Assistant Secretary under para- graph (3) is that the budget is adequate for im- plementation of the strategy, the report shall include the items set forth in subparagraphs (C), (D), and (E) of paragraph (5). (g) ACCESS TO INITIATIVE RESULTS AND RECORDS.—(1) Each member of the working group under subsection (d) shall submit to the Assistant Secretary of Defense for Energy, In- stallations, and Environment the results of all studies and initiatives conducted by the respec- tive component of the Department that the member represents for purposes of the working group in connection with the operational energy strategy. (2) The Assistant Secretary shall have access to all records and data in the Department of De- fense (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. (h) CONTESTED LOGISTICS ENVIRONMENT DE- FINED.—In this section, the term ‘‘contested lo- gistics environment’’ means an environment in which the armed forces engage in conflict with an adversary that presents challenges in all do- mains and directly targets logistics operations, facilities, and activities in the United States, abroad, or in transit from one location to the other. (Added and amended Pub. L. 113–291, div. A, title IX, § 901(g)(1), Dec. 19, 2014, 128 Stat. 3464; Pub. L. 114–92, div. A, title X, § 1081(a)(12), (b)(2), Nov. 25, 2015, 129 Stat. 1001; Pub. L. 115–232, div. A, title III, § 314(a), Aug. 13, 2018, 132 Stat. 1711; Pub. L. 116–92, div. A, title III, § 320(a)(1)(B), (c)(1), title IX, § 902(83), Dec. 20, 2019, 133 Stat. 1306, 1307, 1553; Pub. L. 117–81, div. A, title III, § 351(a)–(e), Dec. 27, 2021, 135 Stat. 1650–1653; Pub. L. 118–31, div. A, title III, § 343(1)(A), (2), (3), title X, § 1053, Dec. 22, 2023, 137 Stat. 224, 396.) 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), Dec. 31, 2011, 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), Oct. 14, 2008, 122 Stat. 4564; amended Pub. L. 111–383, div. A, title IX, § 901(b)(7)(B)–(D), Jan. 7, 2011, 124 Stat. 4320; Pub. L. 112–81, div. A, title III, § 311, Dec. 31, 2011, 125 Stat. 1351; Pub. L. 113–66, div. A, title III, § 311, Dec. 26, 2013, 127 Stat. 728. AMENDMENTS 2023—Subsec. (d)(3). Pub. L. 118–31, § 343(1)(A)(i), struck out ‘‘appointed’’ after ‘‘shall be’’ in introduc- tory 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 ‘‘co- ordinated 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 ‘‘adver- Page 2368 TITLE 10—ARMED FORCES § 2926 sary, 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 ‘‘mis- sions’’. Subsec. (b). Pub. L. 117–81, § 351(a)(2)(A), (B), sub- stituted ‘‘Responsibilities’’ for ‘‘Authorities’’ in head- ing 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 depart- ment or the commander of a combatant command to assess the energy supportability of systems, capabili- ties, 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 sub- section (d)’’ after ‘‘components’’ in introductory provi- sions. 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 ‘‘De- fense 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), redesig- nated subsecs. (e) and (f) as (f) and (g), respectively. Subsec. (g)(1). Pub. L. 117–81, § 351(b)(4)(A), sub- stituted ‘‘Each member of the working group under subsection (d)’’ for ‘‘The Secretary of a military depart- ment’’ and ‘‘conducted by the respective component of the Department that the member represents for pur- poses 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 ‘‘Oper- ational 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 Ac- quisition, 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), sub- stituted ‘‘Functions of the Assistant Secretary of De- fense 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 Assist- ant Secretary of Defense for Research and Engineer- ing’’ 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), sub- stituted ‘‘oversee the operational energy activities’’ for ‘‘lead the alternative fuel activities’’. Subsec. (c)(2). Pub. L. 115–232, § 314(a)(3)(D), sub- stituted ‘‘regarding the policies and investments that affect the use of operational energy across the Depart- ment of Defense’’ for ‘‘regarding the development of al- ternative fuels by the military departments and the Of- fice of the Secretary of Defense’’. Subsec. (c)(3). Pub. L. 115–232, § 314(a)(3)(E), sub- stituted ‘‘recommend to the Secretary policy to im- prove warfighting capability through energy security and energy resilience’’ for ‘‘prescribe policy to stream- line the investments in alternative fuel activities across the Department of Defense’’. Subsec. (c)(5). Pub. L. 115–232, § 314(a)(3)(F), sub- stituted ‘‘subsection (e)(4)’’ for ‘‘subsection (c)(4)’’. Subsecs. (d) to (f). Pub. L. 115–232, § 314(a)(1), redesig- nated subsecs. (b) to (d) as (d) to (f), respectively. 2015—Pub. L. 114–92, § 1081(a)(12), substituted ‘‘for En- ergy, Installations, and Environment’’ for ‘‘for Installa- tions, Energy, and Environment’’ in subsecs. (a) to (d). Subsec. (b)(4). Pub. L. 114–92, § 1081(b)(2), amended di- rectory 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), in- serted ‘‘of Defense for Installations, Energy, and Envi- ronment’’ after ‘‘The Assistant Secretary’’ in introduc- tory provisions. Pub. L. 113–291, § 901(g)(1)(B)–(C)(ii), transferred sub- sec. (c)(3) of section 138c of this title to subsec. (a) of this section, inserted heading, and redesignated sub- pars. (A) to (E) as pars. (1) to (5), respectively. See Codi- fication note above. Subsec. (a)(5). Pub. L. 113–291, § 901(g)(1)(C)(iii), sub- stituted ‘‘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 Environ- ment’’ after ‘‘The Assistant Secretary’’. Subsec. (b)(4). Pub. L. 113–291, § 901(g)(1)(F), as amend- ed by Pub. L. 114–92, § 1081(b)(2), substituted ‘‘make rec- ommendations to the Secretary of Defense and Deputy Secretary of Defense and provide guidance to the Sec- retaries of the military departments’’ for ‘‘provide guidance to, and consult with, the Secretary of De- fense, 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 Environ- ment’’ 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 re- port to Congress, by a certain date, on proposed budg- ets 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 Environ- ment’’ after ‘‘the Assistant Secretary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT 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. TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (c)(4) of this section requiring submittal of Page 2369 TITLE 10—ARMED FORCES § 2928 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), Dec. 22, 2023, 137 Stat. 224, provided that: ‘‘Not later than 60 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of Defense shall appoint the addi- tional 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).’’ § 2927. Global bulk fuel management and deliv- ery (a) RESPONSIBLE ELEMENT.—(1) Beginning dur- ing the period described in paragraph (2) and permanently thereafter, the United States Transportation Command shall be the element responsible for bulk fuel management and deliv- ery of the Department of Defense on a global basis. (2) The period described in this paragraph is the period beginning on January 1, 2023, and end- ing on February 1, 2023. (b) COORDINATION WITH DEFENSE LOGISTICS AGENCY.—In carrying out the responsibilities specified in subsection (a), the Commander of the United States Transportation Command shall coordinate with the Director of the De- fense Logistics Agency. (c) RULE OF CONSTRUCTION.—Except to the ex- tent that, prior to January 1, 2023, a responsi- bility specified in subsection (a) was a specific function of the Defense Logistics Agency En- ergy, nothing under this section shall be con- strued as— (1) limiting any other function of the De- fense Logistics Agency Energy; or (2) requiring the transfer of any function, personnel, or asset from the Defense Logistics Agency Energy to the United States Transpor- tation Command. (Added Pub. L. 117–81, div. A, title III, § 352(a)(1), Dec. 27, 2021, 135 Stat. 1654.) § 2928. Programs on reduction of fuel reliance and promotion of energy-aware behaviors (a) ESTABLISHMENT.—Each Secretary of a mili- tary department shall establish a program for the promotion of energy-aware behaviors and the reduction of unnecessary fuel consumption within that military department. (b) GOALS.—The goals of the programs estab- lished under subsection (a) shall be as follows: (1) To increase operational energy resil- iency. (2) To decrease energy-related strategic vulnerabilities and enhance military readi- ness. (3) To integrate sustainability features for new and existing military installations and other facilities of the Department. (c) MINIMUM REQUIRED ELEMENTS.—Under the program of a military department under sub- section (a), the Secretary of the military depart- ment shall carry out, with respect to the mili- tary department, and at a minimum, the fol- lowing: (1) The development and implementation of a strategy for the collection and analysis of data on fuel consumption, to identify oper- ational inefficiencies and enable data-driven decision making with respect to fuel logistics and the reduction of fuel consumption. (2) The fostering of an energy-aware culture across the military department to reduce fuel consumption, including through— (A) the incorporation of energy conserva- tion and resiliency principles into training curricula and other training materials of the military department, including by updating such materials to include information on the effect of energy-aware behaviors on improv- ing readiness and combat capability; and (B) the review of standard operating proce- dures, and other operational manuals and procedures, of the military department, to identify procedures that increase fuel con- sumption with no operational benefit. (3) The integration of operational energy factors into the wargaming of the military de- partment and related training activities that involve the modeling of scenarios, in accord- ance with subsection (d), to provide to partici- pants in such activities realistic data on the risks and challenges relating to operational energy and fuel logistics. (4) The implementation of data-driven proce- dures, operations planning, and logistics, to optimize cargo transport and refueling oper- ations within the military department. (d) WARGAMING ELEMENTS.—In integrating operational energy factors into the wargaming and related training activities of a military de- partment under subsection (c)(3), the Secretary of the military department shall seek to ensure that the planning, design, and execution of such activities include— (1) coordination with the elements of the military department responsible for fuel and logistics matters, to ensure the modeling of energy demand and network risk during such activities are accurate, taking into account potential shortfalls and the direct and indirect effects of the efforts of foreign adversaries to target fuel supply chains; and (2) a focus on improving integrated life-cycle management processes and fuel supply logis- tics. (Added Pub. L. 117–263, div. A, title III, § 319(a), Dec. 23, 2022, 136 Stat. 2507.) Statutory Notes and Related Subsidiaries DEADLINE FOR ESTABLISHMENT Pub. L. 117–263, div. A, title III, § 319(b), Dec. 23, 2022, 136 Stat. 2508, provided that: ‘‘The programs required under section 2928 of title 10, United States Code, as added by subsection (a), shall be established by not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022].’’ PART V—ACQUISITION Chap. Sec. Subpart A—General 201. Definitions ............................................. 3001 203. General Matters .................................... 3061 205. Defense Acquisition System .................. 3101 207. Budgeting and Appropriations ............... 3131