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(B) any recommendations of the Federal
Trade Commission.
(2) EVALUATION AND ANALYSIS.—On completion
of the evaluation and analysis under subsection (b),
the Secretary shall submit to Congress a report that
describes—
(A) the results of the evaluation and anal-
ysis; and
(B) any recommendations of the National
Petroleum Council.
Subtitle D—Federal and State
Procurement
SEC. 741. DEFINITIONS.
In this subtitle:
(1) DEPARTMENT.—The term ‘‘Department’’
means the Department of Energy.
(2) FUEL CELL.—The term ‘‘fuel cell’’ means a
device that directly converts the chemical energy of a
fuel and an oxidant into electricity by electrochemical
processes occurring at separate electrodes in the de-
vice.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Energy.
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(4) STATIONARY; PORTABLE.—The terms ‘‘sta-
tionary’’ and ‘‘portable’’, when used in reference to a
fuel cell, include—
(A) continuous electric power; and
(B) backup electric power.
(5) TASK
FORCE.—The term ‘‘Task Force’’
means the Hydrogen and Fuel Cell Technical Task
Force established under section 102(a) of the Spark
M. Matsunaga Hydrogen Research, Development, and
Demonstration Act of 1990 (as amended by section
801).
(6) TECHNICAL
ADVISORY
COMMITTEE.—The
term ‘‘Technical Advisory Committee’’ means the
independent Technical Advisory Committee selected
under section 102(d) of the Spark M. Matsunaga Hy-
drogen Research, Development, and Demonstration
Act of 1990 (as added by section 801).
SEC. 742. 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 vehicles and hydrogen energy systems;
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(2) to support development of technologies relat-
ing to fuel cell vehicles, public refueling stations, and
hydrogen energy systems; and
(3) to require the Federal government, 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 that
uses a light-duty or heavy-duty vehicle fleet shall
lease or purchase fuel cell vehicles and hydrogen
energy systems to meet any applicable energy
savings goal described in subsection (c).
(B) 
LEARNING
DEMONSTRATION
VEHI-
CLES.—The Secretary may lease or purchase ap-
propriate vehicles developed under section 201 of
the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (as
added by section 801) to meet the requirement in
subparagraph (A).
(2) COSTS OF LEASES AND PURCHASES.—
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(A) IN
GENERAL.—The Secretary, in co-
operation with the Task Force and the Technical
Advisory Committee, shall pay to Federal agen-
cies (or share the cost under interagency agree-
ments) the difference in cost between—
(i) the cost to the agencies of leasing or
purchasing fuel cell vehicles and hydrogen
energy systems under paragraph (1); and
(ii) the cost to the agencies of a feasible
alternative to leasing or purchasing fuel cell
vehicles and hydrogen energy systems, as
determined by the Secretary.
(B) COMPETITIVE COSTS AND MANAGEMENT
STRUCTURES.—In carrying out subparagraph
(A), the Secretary, in consultation with the agen-
cy, may use the General Services Administration
or any commercial vendor to ensure—
(i) a cost-effective purchase of a fuel
cell vehicle or hydrogen energy system; or
(ii) a cost-effective management struc-
ture of the lease of a fuel cell vehicle or hy-
drogen energy system.
(3) EXCEPTION.—
(A) IN GENERAL.—If the Secretary deter-
mines that the head of an agency described in
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paragraph (1) cannot find an appropriately effi-
cient and reliable fuel cell vehicle or hydrogen
energy system in accordance with paragraph (1),
that agency shall be excepted from compliance
with paragraph (1).
(B) CONSIDERATION.—In making a deter-
mination 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 Com-
mittee.
(c) ENERGY SAVINGS GOALS.—
(1) IN GENERAL.—
(A) REGULATIONS.—Not later than Decem-
ber 31, 2006, the Secretary shall—
(i) in cooperation with the Task Force,
promulgate regulations for the period of
2008 through 2010 that extend and aug-
ment energy savings goals for each Federal
agency, in accordance with any Executive
order issued after March 2000; and
(ii) promulgate regulations to expand
the minimum Federal fleet requirement and
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credit allowances for fuel cell vehicle systems
under section 303 of the Energy Policy Act
of 1992 (42 U.S.C. 13212).
(B) REVIEW, EVALUATION, AND NEW REGU-
LATIONS.—Not later than December 31, 2010, the
Secretary shall—
(i) review the regulations promulgated
under subparagraph (A);
(ii) evaluate any progress made toward
achieving energy savings by Federal agen-
cies; and
(iii) promulgate new regulations for
the period of 2011 through 2015 to achieve
additional energy savings by Federal agen-
cies relating to technical and cost-perform-
ance standards.
(2) OFFSETTING ENERGY SAVINGS GOALS.—An
agency that leases or purchases a fuel cell vehicle or
hydrogen energy system in accordance with subsection
(b)(1) may use that lease or purchase to count toward
an energy savings goal of the agency.
(d) COOPERATIVE PROGRAM WITH STATE AGEN-
CIES.—
(1) IN GENERAL.—The Secretary may establish a
cooperative program with State agencies managing