Sec. 351. MITIGATION OF CONTESTED LOGISTICS CHALLENGES OF THE DEPARTMENT OF DEFENSE THROUGH REDUCTION OF OPERATIONAL ENERGY DEMAND

1,641 words·~7 min read·/statute-compilations/comps-16861/sec-351

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 351 MITIGATION OF CONTESTED LOGISTICS CHALLENGES OF THE DEPARTMENT OF DEFENSE THROUGH REDUCTION OF OPERATIONAL ENERGY DEMAND ###

(a)Clarification of Operational Energy Responsibilities Section 2926 of title 10, United States Code, is amended— ####

(1)in subsection (a), by inserting “in contested logistics environments” after “missions”; and ####

(2)in subsection (b)— #####

(A)in the heading, by striking “Authorities” and inserting “Responsibilities”; #####

(B)in the matter preceding paragraph (1), by striking “may” and inserting “shall”; #####

(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;” > ; #####

(D)in paragraph (2), by inserting “ supportability in contested logistics environments,” after “power,”; and #####

(E)in paragraph (3), by inserting “in contested logistics environments” after “vulnerabilities”. ###

(b)Establishment of Working Group Such section is further amended— ####

(1)in subsection (c)— #####

(A)in the matter preceding paragraph (1), by inserting “ and in coordination with the working group under subsection (d)” after “components”; #####

(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”; #####

(C)in paragraph (2), by inserting “, taking into account the findings of the working group under subsection (d)” after “Defense”; and #####

(D)in paragraph (3), by inserting “, taking into account the findings of the working group under subsection (d)” after “resilience”; ####

(2)by redesignating subsections

(d)through

(f)as subsections

(e)through (g), respectively; ####

(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.” > ; and ####

(4)in subsection (g), as redesignated by paragraph (2)— #####

(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”; and #####

(B)in paragraph (2), by striking “military department” and inserting “armed force”. ###

(c)Modifications to Operational Energy Strategy Subsection

(e)of such section, as redesignated by subsection (b)(2), is amended to read as follows: > > #### “(1) > > 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. > > > #### “(2) > > The strategy required under paragraph

(1)shall include the following: > > > ##### “(A) > > A plan to integrate efforts to mitigate contested logistics challenges through the reduction 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, including electric, hydrogen, or other sustainable fuel technologies, that may reduce operational energy demand in the near-term or long-term. > > > ##### “(D) > > 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. > > > ##### “(E) > > An 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. > > > #### “(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 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. > > > #### “(4) > > 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).” > . ###

(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.” > . ###

(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)”. ###

(f)Interim Report Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Energy, Installations, and Environment shall submit to the congressional defense committees an interim report on any actions taken pursuant to the amendments made by this section. Such report shall include an update regarding the establishment of the working group under section 2926(d) of title 10, United States Code, as amended by subsection (b). ###

(g)Briefing on Assistant Secretary of Defense for Energy, Installations, and Environment Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the status of the following: ####

(1)The planned division of responsibilities between the Assistant Secretary of Defense for Sustainment and the Assistant Secretary of Defense for Energy, Installations, and Environment. ####

(2)A personnel plan to ensure the adequate manning of support personnel for the Assistant Secretary of Defense for Energy, Installations, and Environment. ####

(3)Any additional resources necessary to ensure the ability of the Assistant Secretary of Defense for Energy, Installations, and Environment to fulfill the duty required under section 138(b)(7) of title 10, United States Code, and any other duties required of such Assistant Secretary by law.