Title 42The Public Health and WelfareRelease 119-73

§16123 Federal procurement of stationary, portable, and micro fuel cells

Title 42 › Chapter CHAPTER 149— - NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter SUBCHAPTER VII— - VEHICLES AND FUELS › Part Part E— - Federal and State Procurement › § 16123

Last updated Apr 6, 2026|Official source

Summary

The law tells federal agencies to help bring fuel cell technology into the market and to support its development. Agencies that use electrical power from stationary, portable, or micro devices must lease or buy a stationary, portable, or micro fuel cell by January 1, 2006 if doing so helps them meet their applicable federal energy savings goal. When an agency leases or buys a fuel cell this way, it may count that lease or purchase toward its energy savings target under federal energy rules. The Secretary will pay for, or share the cost of, these leases or purchases with agencies, working with a Task Force and its Technical Advisory Committee. The Secretary can use the General Services Administration or commercial vendors to get cost-effective buys or lease management. An agency may be excused if the Secretary finds no suitably efficient and reliable fuel cell exists, after considering the agency’s needs and an evaluation by the Task Force or its Technical Advisory Committee. Congress authorized these funds: $20,000,000 for FY2006; $50,000,000 for FY2007; $75,000,000 for FY2008; $100,000,000 for FY2009; $100,000,000 for FY2010; and whatever is needed for FY2011 through FY2015.

Full Legal Text

Title 42, §16123

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The purposes of this section are—
(1)to stimulate acceptance by the market of stationary, portable, and micro fuel cells; and
(2)to support development of technologies relating to stationary, portable, and micro fuel cells.
(b)(1)Not later than January 1, 2006, the head of any Federal agency that uses electrical power from stationary, portable, or microportable devices shall lease or purchase a stationary, portable, or micro fuel cell to meet any applicable energy savings goal described in subsection (c).
(2)(A)The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay the cost to Federal agencies (or share the cost under interagency agreements) of leasing or purchasing stationary, portable, and micro fuel cells under paragraph (1).
(B)In carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure—
(i)a cost-effective purchase of a stationary, portable, or micro fuel cell; or
(ii)a cost-effective management structure of the lease of a stationary, portable, or micro fuel cell.
(3)(A)If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable stationary, portable, or micro fuel cell in accordance with paragraph (1), that agency shall be excepted from compliance with paragraph (1).
(B)In making a determination under subparagraph (A), the Secretary shall consider—
(i)the needs of the agency; and
(ii)an evaluation performed by—
(I)the Task Force; or
(II)the Technical Advisory Committee of the Task Force.
(c)An agency that leases or purchases a stationary, portable, or micro fuel cell in accordance with subsection (b)(1) may use that lease or purchase to count toward an energy savings goal described in section 16157 of this title that is applicable to the agency.
(d)There is authorized to be appropriated to carry out this section—
(1)$20,000,000 for fiscal year 2006;
(2)$50,000,000 for fiscal year 2007;
(3)$75,000,000 for fiscal year 2008;
(4)$100,000,000 for fiscal year 2009;
(5)$100,000,000 for fiscal year 2010; and
(6)such sums as are necessary for each of fiscal years 2011 through 2015.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16123

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73