Pub. L. 110-417, tit. III, subtit. D, sec. 332 (as amended)
CONSIDERATION OF FUEL LOGISTICS SUPPORT REQUIREMENTS IN PLANNING, REQUIREMENTS DEVELOPMENT, AND ACQUISITION PROCESSES
SEC. 332. [10 U.S.C. 2911 note] CONSIDERATION OF FUEL LOGISTICS SUPPORT REQUIREMENTS IN PLANNING, REQUIREMENTS DEVELOPMENT, AND ACQUISITION PROCESSES
(a) Planning.—In the case of analyses and force planning processes that are used to establish capability requirements and inform acquisition decisions, the Secretary of Defense shall require that analyses and force planning processes consider the requirements for, and vulnerability of, fuel logistics.
(b) Capability Requirements Development Process.—
(1) In general.—The Secretary of Defense shall develop and implement a methodology to enable the implementation of a fuel efficiency key performance parameter in the requirements development process for the modification of existing or development of new fuel consuming systems.
(2) Waiver of fuel efficiency key performance parameter.—
(A) In general.—The fuel efficiency key performance parameter implemented pursuant to paragraph (1) may be waived with respect to a system only if—
(i) such waiver is approved by the Under Secretary of Defense for Acquisition and Sustainment; and
(ii) the system is a fuel consuming system that the Under Secretary of Defense for Acquisition and Sustainment determines requires, or is likely to require, sustainment on at least an occasional basis.
(B) Nondelegation.—The authority to approve a waiver under subparagraph (A) may not be delegated.
(c) Acquisition Process.—The Secretary of Defense shall require that the life-cycle cost analysis for new capabilities include the fully burdened cost of fuel during analysis of alternatives and evaluation of alternatives and acquisition program design trades.
(d) Implementation Plan.—The Secretary of Defense shall prepare a plan for implementing the requirements of this section. The plan shall be completed not later than 180 days after the date of the enactment of this Act and provide for the implementation of the requirements by not later than three years after the date of the enactment of this Act.
(e) Progress Report.—Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report describing progress made to implement the requirements of this section, including an assessment of whether the implementation plan required by subsection (d) is being carried out on schedule.
(f) Notification of Compliance.—As soon as practicable during the three-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall notify the congressional defense committees that the Secretary has complied with the requirements of this section. If the Secretary is unable to provide the notification, the Secretary shall submit to the congressional defense committees at the end of the three-year period a report containing—
(1) an explanation of the reasons why the requirements, or portions of the requirements, have not been implemented; and
(2) a revised plan under subsection (d) to complete implementation or a rationale regarding why portions of the requirements cannot or should not be implemented.
(g) Fully Burdened Cost of Fuel Defined.—In this section, the term “fully burdened cost of fuel” means the commodity price for fuel plus the total cost of all personnel and assets required to move and, when necessary, protect the fuel from the point at which the fuel is received from the commercial supplier to the point of use.
- Cross-references to the US Code
- 10 U.S.C. 2911 note