
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2690]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
CHAPTER 159--REAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON-
                             EXCESS PROPERTY
 
Sec. 2690. Fuel sources for heating systems; prohibition on 
        converting certain heating facilities
        
    (a)(1) The Secretary of the military department concerned shall 
provide that the primary fuel source to be used in any new heating 
system constructed on lands under the jurisdiction of the military 
department is the most cost effective fuel for that heating system over 
the life cycle of the system.
    (2) The Secretary of Defense shall prescribe regulations for the 
determination of the life-cycle cost effectiveness of a fuel for the 
purposes of paragraph (1).
    (b) The Secretary of a military department may not convert a heating 
facility at a United States military installation in Europe from a coal-
fired facility to an oil-fired facility, or to any other energy source 
facility, unless the Secretary determines that the conversion--
        (1) is required by the government of the country in which the 
    facility is located; or
        (2) is cost-effective over the life cycle of the facility.

(Added Pub. L. 97-214, Sec. 6(c)(1), July 12, 1982, 96 Stat. 173; 
amended Pub. L. 99-661, div. A, title XII, Sec. 1205(a)(1), Nov. 14, 
1986, 100 Stat. 3971; Pub. L. 105-85, div. A, title X, Sec. 1041(a), 
Nov. 18, 1997, 111 Stat. 1885.)


                               Amendments

    1997--Subsec. (b). Pub. L. 105-85 substituted ``unless the Secretary 
determines that the conversion--'' for ``unless the Secretary--'' in 
introductory provisions, added pars. (1) and (2), and struck out former 
pars. (1) and (2) which read as follows:
    ``(1) determines that the conversion (A) is required by the 
government of the country in which the facility is located, or (B) is 
cost effective over the life cycle of the facility; and
    ``(2) submits to Congress notification of the proposed conversion 
and a period of 30 days has elapsed following the date on which Congress 
receives the notice.''
    1986--Pub. L. 99-661 substituted ``Fuel sources for heating systems; 
prohibition on converting certain heating facilities'' for ``Restriction 
on fuel sources for new heating systems'' in section catchline and 
amended text generally. Prior to amendment, section read as follows:
    ``(a) Except as provided in subsection (b), a new heating system 
that requires a heat input rate of fifty million British thermal units 
per hour or more and that uses oil or gas (or a derivative of oil or 
gas) as fuel may not be constructed on lands under the jurisdiction of a 
military department.
    ``(b) The Secretary of the military department concerned may waive 
the provisions of subsection (a) in rare and unusual cases, but such a 
waiver may not become effective until after the Secretary has notified 
the appropriate committees of Congress in writing of the waiver.
    ``(c) The Secretary of the military department concerned may not 
provide service for a new heating system in increments in order to avoid 
the prohibition contained in subsection (a).''


                             Effective Date

    Section effective Oct. 1, 1982, and applicable to military 
construction projects, and to construction and acquisition of military 
family housing authorized before, on, or after such date, see section 
12(a) of Pub. L. 97-214, set out as a note under section 2801 of this 
title.
