42 U.S.C. § 16123. Federal procurement of stationary, portable, and micro fuel cells

1. (a)
   (a)

   Purposes

   The purposes of this section are—

   1. (1)
      (a)(1)to stimulate acceptance by the market of stationary, portable, and micro fuel cells; and
   2. (2)
      (a)(2)to support development of technologies relating to stationary, portable, and micro fuel cells.
2. (b)
   (b)

   Federal leases and purchases

   1. (1)
      (b)(1)

      In general

      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. (2)
      (b)(2)

      Costs of leases and purchases

      1. (A)
         (b)(2)(A)

         In general

         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).
      2. (B)
         (b)(2)(B)

         Competitive costs and management structures

         In carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure—

         1. (i)
            (b)(2)(B)(i)a cost-effective purchase of a stationary, portable, or micro fuel cell; or
         2. (ii)
            (b)(2)(B)(ii)a cost-effective management structure of the lease of a stationary, portable, or micro fuel cell.
   3. (3)
      (b)(3)

      Exception

      1. (A)
         (b)(3)(A)

         In general

         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).
      2. (B)
         (b)(3)(B)

         Consideration

         In making a determination under subparagraph (A), the Secretary shall consider—

         1. (i)
            (b)(3)(B)(i)the needs of the agency; and
         2. (ii)
            (b)(3)(B)(ii)

            an evaluation performed by—

            1. (I)
               (b)(3)(B)(ii)(I)the Task Force; or
            2. (II)
               (b)(3)(B)(ii)(II)the Technical Advisory Committee of the Task Force.
3. (c)
   (c)

   Energy savings goals

   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.
4. (d)
   (d)

   Authorization of appropriations

   There is authorized to be appropriated to carry out this section—

   1. (1)
      (d)(1)$20,000,000 for fiscal year 2006;
   2. (2)
      (d)(2)$50,000,000 for fiscal year 2007;
   3. (3)
      (d)(3)$75,000,000 for fiscal year 2008;
   4. (4)
      (d)(4)$100,000,000 for fiscal year 2009;
   5. (5)
      (d)(5)$100,000,000 for fiscal year 2010; and
   6. (6)
      (d)(6)such sums as are necessary for each of fiscal years 2011 through 2015.