---
kind: "section"
citation: "42 U.S.C. § 16122"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16122"
heading: "Federal and State procurement of fuel cell vehicles and hydrogen energy systems"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16122"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter VII — Vehicles and Fuels"
  - "Part E — Federal and State Procurement"
---

# §16122. Federal and State procurement of fuel cell vehicles and hydrogen energy systems

- (a) **Purposes—** The purposes of this section are—
  - (1) to stimulate acceptance by the market of [fuel cell](/usc/42/16121.md?p=1) vehicles and hydrogen energy systems;
  - (2) to support development of technologies relating to [fuel cell](/usc/42/16121.md?p=1) vehicles, public refueling stations, and hydrogen energy systems; and
  - (3) to require the Federal government,[^1] which is the largest single user of energy in the United States, to adopt those technologies as soon as practicable after the technologies are developed, in conjunction with private industry partners.
- (b) **Federal leases and purchases—**
  - (1) **Requirement—**
    - (A) **In general—** Not later than January 1, 2010, the head of any Federal [agency](/usc/42/8262.md?p=1) that uses a [light-duty or heavy-duty vehicle fleet](/usc/42/16121.md?p=2) shall lease or purchase [fuel cell](/usc/42/16121.md?p=1) vehicles and hydrogen energy systems to meet any applicable energy savings goal described in [subsection (c)](#c).
    - (B) **Learning demonstration vehicles—** The [Secretary](/usc/42/15801.md?p=4) may lease or purchase appropriate vehicles developed under subsections (a)(10) and (b)(1)(A) of [section 16157 of this title](/usc/42/16157.md) to meet the requirement in [subparagraph (A)](#b-1-A).
  - (2) **Costs of leases and purchases—**
    - (A) **In general—** The [Secretary](/usc/42/15801.md?p=4), in cooperation with the [Task Force](/usc/42/16121.md?p=4) and the [Technical Advisory Committee](/usc/42/16121.md?p=5), shall pay to Federal [agencies](/usc/42/8262.md?p=1) (or share the cost under interagency agreements) the difference in cost between—
      - (i) the cost to the [agencies](/usc/42/8262.md?p=1) of leasing or purchasing [fuel cell](/usc/42/16121.md?p=1) vehicles and hydrogen energy systems under [paragraph (1)](#b-1); and
      - (ii) the cost to the [agencies](/usc/42/8262.md?p=1) of a feasible alternative to leasing or purchasing [fuel cell](/usc/42/16121.md?p=1) vehicles and hydrogen energy systems, as determined by the [Secretary](/usc/42/15801.md?p=4).
    - (B) **Competitive costs and management structures—** In carrying out [subparagraph (A)](#b-2-A), the [Secretary](/usc/42/15801.md?p=4), in consultation with the [agency](/usc/42/8262.md?p=1), may use the General Services Administration or any commercial vendor to ensure—
      - (i) a cost-effective purchase of a [fuel cell](/usc/42/16121.md?p=1) vehicle or hydrogen energy system; or
      - (ii) a cost-effective management structure of the lease of a [fuel cell](/usc/42/16121.md?p=1) vehicle or hydrogen energy system.
  - (3) **Exception—**
    - (A) **In general—** If the [Secretary](/usc/42/15801.md?p=4) determines that the head of an [agency](/usc/42/8262.md?p=1) described in [paragraph (1)](#b-1) cannot find an appropriately efficient and reliable [fuel cell](/usc/42/16121.md?p=1) vehicle or hydrogen energy system in accordance with [paragraph (1)](#b-1), that [agency](/usc/42/8262.md?p=1) shall be excepted from compliance with [paragraph (1)](#b-1).
    - (B) **Consideration—** In making a determination under [subparagraph (A)](#b-3-A), the [Secretary](/usc/42/15801.md?p=4) shall consider—
      - (i) the needs of the [agency](/usc/42/8262.md?p=1); and
      - (ii) an evaluation performed by—
        - (I) the [Task Force](/usc/42/16121.md?p=4); or
        - (II) the [Technical Advisory Committee](/usc/42/16121.md?p=5).
- (c) **Energy savings goals—**
  - (1) **In general—**
    - (A) **Regulations—** Not later than December 31, 2006, the [Secretary](/usc/42/15801.md?p=4) shall—
      - (i) in cooperation with the [Task Force](/usc/42/16121.md?p=4), promulgate regulations for the period of 2008 through 2010 that extend and augment energy savings goals for each Federal [agency](/usc/42/8262.md?p=1), in accordance with any Executive order issued after March 2000; and
      - (ii) promulgate regulations to expand the minimum Federal [fleet](/usc/42/16131.md?p=5) requirement and credit allowances for [fuel cell](/usc/42/16121.md?p=1) vehicle systems under [section 13212 of this title](/usc/42/13212.md).
    - (B) **Review, evaluation, and new regulations—** Not later than December 31, 2010, the [Secretary](/usc/42/15801.md?p=4) shall—
      - (i) review the regulations promulgated under [subparagraph (A)](#c-1-A);
      - (ii) evaluate any progress made toward achieving energy savings by Federal [agencies](/usc/42/8262.md?p=1); and
      - (iii) promulgate new regulations for the period of 2011 through 2015 to achieve additional energy savings by Federal [agencies](/usc/42/8262.md?p=1) relating to technical and cost-performance standards.
  - (2) **Offsetting energy savings goals—** An [agency](/usc/42/8262.md?p=1) that leases or purchases a [fuel cell](/usc/42/16121.md?p=1) vehicle or hydrogen energy system in accordance with [subsection (b)(1)](#b-1) may use that lease or purchase to count toward an energy savings goal of the [agency](/usc/42/8262.md?p=1).
- (d) **Cooperative program with State agencies—**
  - (1) **In general—** The [Secretary](/usc/42/15801.md?p=4) may establish a cooperative program with [State agencies](/usc/42/300s–3.md?p=12) managing motor vehicle [fleets](/usc/42/16131.md?p=5) to encourage purchase of [fuel cell](/usc/42/16121.md?p=1) vehicles by the [agencies](/usc/42/8262.md?p=1).
  - (2) **Incentives—** In carrying out the cooperative program, the [Secretary](/usc/42/15801.md?p=4) may offer incentive payments to a [State agency](/usc/42/300s–3.md?p=12) to assist with the cost of planning, differential purchases, and administration.
- (e) **Authorization of appropriations—** There is authorized to be appropriated to carry out this section—
  - (1) $15,000,000 for fiscal year 2008;
  - (2) $25,000,000 for fiscal year 2009;
  - (3) $65,000,000 for fiscal year 2010; and
  - (4) such sums as are necessary for each of fiscal years 2011 through 2015.

## Footnotes

[^1]: So in original. Probably should be capitalized.

## Source credit

(Pub. L. 109–58, title VII, § 782, Aug. 8, 2005, 119 Stat. 835.)