10 USC 2926 - Operational energy

Editorial Notes

Codification

Subsec. (c)(3) of section 138c of this title, which was transferred to subsec. (a) (now (c)) of this section by Puspan. L. 113–291, § 901(g)(1)(B), was based on Puspan. 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. (span) to (d) (now (d) to (f)), respectively, of this section by Puspan. L. 113–291, § 901(g)(1)(D), were based on Puspan. L. 110–417, [div. A], title IX, § 902(a), Oct. 14, 2008, 122 Stat. 4564; amended Puspan. L. 111–383, div. A, title IX, § 901(span)(7)(B)–(D), Jan. 7, 2011, 124 Stat. 4320; Puspan. L. 112–81, div. A, title III, § 311, Dec. 31, 2011, 125 Stat. 1351; Puspan. L. 113–66, div. A, title III, § 311, Dec. 26, 2013, 127 Stat. 728.

Amendments

2023—Subsec. (d)(3). Puspan. L. 118–31, § 343(1)(A)(i), struck out “appointed” after “shall be” in introductory provisions.

Subsec. (d)(3)(D) to (G). Puspan. L. 118–31, § 343(1)(A)(ii), added subpars. (D) to (G).

Subsec. (d)(4). Puspan. L. 118–31, § 343(2), inserted “, or developing capabilities for such purposes,” after “coordinated initiatives”.

Subsec. (d)(6), (7). Puspan. L. 118–31, § 343(3), added pars. (6) and (7).

Subsec. (e)(2)(E). Puspan. 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). Puspan. L. 117–81, § 351(a)(1), inserted “in contested logistics environments” after “missions”.

Subsec. (span). Puspan. L. 117–81, § 351(a)(2)(A), (B), substituted “Responsibilities” for “Authorities” in heading and “shall” for “may” in introductory provisions.

Subsec. (span)(1). Puspan. 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. (span)(2). Puspan. L. 117–81, § 351(a)(2)(D), inserted “supportability in contested logistics environments,” after “power,”.

Subsec. (span)(3). Puspan. L. 117–81, § 351(a)(2)(E), inserted “in contested logistics environments” after “vulnerabilities”.

Subsec. (c). Puspan. L. 117–81, § 351(span)(1)(A), inserted “and in coordination with the working group under subsection (d)” after “components” in introductory provisions.

Subsec. (c)(1). Puspan. L. 117–81, § 351(span)(1)(B), substituted “Defense, including the activities of the working group established under subsection (d), and oversee” for “Defense and oversee”.

Subsec. (c)(2). Puspan. L. 117–81, § 351(span)(1)(C), inserted “, taking into account the findings of the working group under subsection (d)” after “Defense”.

Subsec. (c)(3). Puspan. L. 117–81, § 351(span)(1)(D), inserted “, taking into account the findings of the working group under subsection (d)” after “resilience”.

Subsec. (c)(5). Puspan. L. 117–81, § 351(e), substituted “subsection (f)(4)” for “subsection (e)(4)”.

Subsec. (d). Puspan. L. 117–81, § 351(span)(3), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Puspan. L. 117–81, § 351(span)(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). Puspan. L. 117–81, § 351(span)(2), redesignated subsecs. (e) and (f) as (f) and (g), respectively.

Subsec. (g)(1). Puspan. L. 117–81, § 351(span)(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). Puspan. L. 117–81, § 351(span)(4)(B), substituted “armed force” for “military department”.

Subsec. (h). Puspan. L. 117–81, § 351(d), added subsec. (h).

2019—Puspan. L. 116–92, § 320(c)(1), substituted “Operational energy” for “Operational energy activities” in section catchline.

Subsec. (d)(1). Puspan. L. 116–92, § 320(a)(1)(B), substituted “the Defense Agencies” for “Defense Agencies”.

Subsec. (e)(5)(D). Puspan. 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), (span). Puspan. L. 115–232, § 314(a)(2), added subsecs. (a) and (span). Former subsecs. (a) and (span) redesignated (c) and (d), respectively.

Subsec. (c). Puspan. 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.

Puspan. L. 115–232, § 314(a)(1), redesignated subsec. (a) as (c). Former subsec. (c) redesignated (e).

Subsec. (c)(1). Puspan. L. 115–232, § 314(a)(3)(C), substituted “oversee the operational energy activities” for “lead the alternative fuel activities”.

Subsec. (c)(2). Puspan. 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). Puspan. 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). Puspan. L. 115–232, § 314(a)(3)(F), substituted “subsection (e)(4)” for “subsection (c)(4)”.

Subsecs. (d) to (f). Puspan. L. 115–232, § 314(a)(1), redesignated subsecs. (span) to (d) as (d) to (f), respectively.

2015—Puspan. L. 114–92, § 1081(a)(12), substituted “for Energy, Installations, and Environment” for “for Installations, Energy, and Environment” in subsecs. (a) to (d).

Subsec. (span)(4). Puspan. L. 114–92, § 1081(span)(2), amended directory language of Puspan. L. 113–291, § 901(g)(1)(F). See 2014 Amendment note below.

2014—Subsec. (a). Puspan. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “The Assistant Secretary” in introductory provisions.

Puspan. 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). Puspan. L. 113–291, § 901(g)(1)(C)(iii), substituted “subsection (c)(4)” for “subsection (e)(4)”.

Subsec. (span). Puspan. L. 113–291, § 901(g)(1)(D), transferred subsec. (d) of section 138c of this title to subsec. (span) of this section. See Codification note above.

Subsec. (span)(1). Puspan. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “The Assistant Secretary”.

Subsec. (span)(4). Puspan. L. 113–291, § 901(g)(1)(F), as amended by Puspan. L. 114–92, § 1081(span)(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). Puspan. 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). Puspan. L. 113–291, § 901(g)(1)(E), inserted “of Defense for Installations, Energy, and Environment” after “The Assistant Secretary”.

Subsec. (c)(4) to (6). Puspan. 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). Puspan. 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). Puspan. 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

Puspan. L. 114–92, div. A, title X, § 1081(span), Nov. 25, 2015, 129 Stat. 1001, provided in part that the amendment made by section 1081(span) is effective as of Dec. 19, 2014, and as if included in Puspan. 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 annual report to Congress, see section 1061 of Puspan. L. 114–328, set out as a note under section 111 of this title.

Timing for Appointment of Additional Working Group Members

Puspan. 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 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).”