[Federal Register Volume 65, Number 81 (Wednesday, April 26, 2000)]
[Presidential Documents]
[Pages 24607-24611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10551]
Presidential Documents
Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 /
Presidential Documents
[[Page 24607]]
Executive Order 13149 of April 21, 2000
Greening the Government Through Federal Fleet and
Transportation Efficiency
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Energy Policy and Conservation
Act, as amended (42 U.S.C. 6201 et seq.), the Energy
Policy Act of 1992 (Public Law 102-486), section 301 of
title 3, United States Code, and the Energy
Conservation Reauthorization Act of 1998 (Public Law
105-388), it is hereby ordered as follows:
PART 1 PREAMBLE
Section 101. Federal Leadership. The purpose of this
order is to ensure that the Federal Government
exercises leadership in the reduction of petroleum
consumption through improvements in fleet fuel
efficiency and the use of alternative fuel vehicles
(AFVs) and alternative fuels. Reduced petroleum use and
the displacement of petroleum by alternative fuels will
help promote markets for more alternative fuel and fuel
efficient vehicles, encourage new technologies, enhance
the United States' energy self-sufficiency and
security, and ensure a healthier environment through
the reduction of greenhouse gases and other pollutants
in the atmosphere.
PART 2 GOALS
Sec. 201. Reduced Petroleum Fuel Consumption. Each
agency operating 20 or more motor vehicles within the
United States shall reduce its entire vehicle fleet's
annual petroleum consumption by at least 20 percent by
the end of FY 2005, compared with FY 1999 petroleum
consumption levels.
Sec. 202. Performance Strategies. Agencies have
numerous options for developing a strategy to meet the
petroleum reduction levels established in section 201
of this order. Measures include: the use of alternative
fuels in light, medium, and heavy-duty vehicles; the
acquisition of vehicles with higher fuel economy,
including hybrid vehicles; the substitution of cars for
light trucks; an increase in vehicle load factors; a
decrease in vehicle miles traveled; and a decrease in
fleet size. Each agency will need a strategy that
includes most, if not all, of these measures, but can
develop a strategy that fits its unique fleet
configuration and mission requirements. As part of the
strategy, each agency should attempt to accelerate the
introduction of vehicles meeting Tier 2 standards.
Where feasible, agencies should also consider
procurement of innovative vehicles, such as hybrid
electric vehicles, capable of large improvements in
fuel economy. The strategy should also attempt to
minimize costs in achieving the objectives of this
order. In developing its strategy, each agency shall
include the following:
(a) AFV Acquisition and Use of Alternative Fuels.
Each agency shall fulfill the acquisition requirements
for AFVs established by section 303 of the Energy
Policy Act of 1992. Agencies shall use alternative
fuels to meet a majority of the fuel requirements of
those motor vehicles by the end of FY 2005. Section 402
of this order addresses related issues of alternative
fuel infrastructure availability and the ability to
track alternative fuel usage data; and
(b) Acquisition of Higher Fuel Economy Vehicles.
Agencies shall increase the average EPA fuel economy
rating of passenger cars and light trucks acquired by
at least 1 mile per gallon (mpg) by the end of FY 2002
and at least 3 mpg by the end of FY 2005 compared to FY
1999 acquisitions.
[[Page 24608]]
PART 3 ORGANIZATION AND ACCOUNTABILITY
Sec. 301. Leadership Responsibilities. The Office of
Management and Budget (OMB), the Department of Energy
(DOE), the Environmental Protection Agency (EPA), and
the General Services Administration (GSA) shall be
responsible for providing leadership to the other
Federal agencies in implementing programs to meet the
goals of this order. Therefore, they shall perform the
following activities:
(a) OMB shall:
(1) designate a senior official to assume the responsibility for
coordinating the collection of agency budget and data submissions pursuant
to this order;
(2) amend and issue budget guidance to the agencies that requires each
agency to identify in its annual budget submission the funding necessary to
meet the requirements of this order;
(3) review annual agency budget submissions to determine adequacy in
meeting the goal of this order and to balance requests for increased
funding to support achievement of the goals against other mission
priorities for the agency; and
(4) review agency submissions for the annual report to the Congress, after
budget decisions are made.
(b) DOE shall:
(1) issue guidance to agencies, within 90 days of the issuance of this
order, on preparation and submission of agency strategies for complying
with this order and the collection and annual reporting of data to
demonstrate compliance with this order;
(2) review and evaluate agency strategies prior to their submission to OMB;
(3) provide OMB with copies of the agency strategy evaluations;
(4) provide whatever other support OMB requires to facilitate performance
of OMB's role;
(5) establish the data collection and reporting system outlined in the DOE
guidance for collecting annual agency performance data on meeting the goals
of this order and other applicable statutes and policies;
(6) educate personnel from other agencies on the requirements of this
order, the data collection and reporting system, best practices for
improving fleet fuel efficiency, and methods for successfully acquiring and
using AFVs;
(7) review agencies' annual data submissions for accuracy and produce a
scorecard of agency and overall Federal compliance with this order and
other applicable statutes and policies; and
(8) report to the President annually on compliance with the order,
including the scorecard and level of performance in meeting the goals of
the agencies' strategies.
(c) EPA shall support DOE and GSA in their efforts
to assist the agencies in the accelerated purchase of
Tier 2 vehicles.
(d) GSA shall develop and implement strategies that
will ease agencies' financial and administrative
burdens associated with the acquisition of AFVs,
including:
(1) Agencies shall be allowed to replace their conventionally-fueled
vehicles with AFVs by making an initial lump-sum payment for the additional
acquisition cost of the AFV and shall be allowed to contribute to the
higher replacement costs of the AFV incrementally over the term of the
lease, and have the option of averaging AFV incremental costs across the
agency fleet as provided by the Energy Policy Act of 1992.
(2) Within 120 days of this order, the Administrator of GSA, in
consultation with other agencies, shall:
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(A) provide a summary of agency AFV acquisition plans to potential AFV
manufacturers to assist in their production planning. At least 4 months in
advance of agency vehicle ordering cycles, GSA must provide to agencies the
best available information on the production plans of AFV manufacturers;
(B) develop, in coordination with DOE and EPA, methods that will help
Federal fleet managers to select vehicles to improve fleet fuel efficiency
and to meet Tier 2 vehicle standards; and
(C) collaborate with its customer agencies and their procurement staff and
officials to discuss and plan efforts to ensure that the GSA-leased fleet
is making progress toward the goals of this order.
Sec. 302. Designation of Senior Agency Official. Within
90 days of the date of this order, the head of each
agency shall designate a senior official to assume
responsibility for the agency's AFV and fleet fuel
efficiency programs, and for meeting the requirements
of this order. Each senior agency official designated
by an agency shall be responsible for:
(a) preparing an agency strategy for meeting the
goals of this order, in accordance with guidance issued
by DOE;
(b) submitting the agency strategy to DOE within
180 days of the issuance of this order for evaluation
and submission to OMB;
(c) implementing the data collection and reporting
system outlined in the DOE guidance for collecting
annual agency performance data on meeting the goals of
this order and reporting the data to DOE;
(d) ensuring the agency's strategy for meeting the
goals of this order is incorporated in the annual
budget submission to OMB; and
(e) assembling the appropriate team and resources
in the agency necessary to attain the goals of this
order.
Sec. 303. Management and Government Performance.
Agencies may use the following management strategies to
assist them in meeting the goals of this order:
(a) Awards. Agencies may use employee incentive
programs to reward exceptional performance in
implementing this order.
(b) Performance Evaluations. Agencies shall, where
appropriate, include successful implementation of the
provisions of this order in the position descriptions
and performance evaluations of agency heads, the senior
official, fleet managers, their superiors, and other
relevant employees.
Sec. 304. Applicability. This order applies to each
agency operating 20 or more motor vehicles within the
United States. Agency means an executive agency as
defined in 5 U.S.C. 105. For the purpose of this order,
military departments, as defined in 5 U.S.C. 102, are
covered under the auspices of the Department of
Defense.
PART 4 IMPLEMENTATION
Sec. 401. Vehicle Reporting Credits. When preparing the
annual report to DOE and OMB, each agency acquisition
of an alternative fuel light-duty vehicle, regardless
of geographic placement, shall count as one credit
towards fulfilling the AFV acquisition requirements of
the Energy Policy Act of 1992. Agencies shall receive
one additional credit for each light-duty AFV that
exclusively uses an alternative fuel and for each Zero
Emission Vehicle of any size. Agencies shall receive
three credits for dedicated medium-duty AFVs and four
credits for dedicated heavy-duty AFVs. Agencies can
also receive one credit for every 450 gallons of pure
bio-diesel used in diesel vehicles.
Sec. 402. Infrastructure. To support the use of
alternative fuel in AFVs, agencies should arrange for
fueling at commercial facilities that offer alternative
fuels for sale to the public.
(a) Agencies should team with State, local, and
private entities to support the expansion and use of
public access alternative fuel refueling stations;
[[Page 24610]]
(b) Agencies should use the authority granted to
them in section 304 of the Energy Policy Act of 1992 to
establish nonpublic access alternative fuel
infrastructure for fueling Federal AFVs where public
fueling is unavailable.
(c) Agencies are encouraged to work with DOE and
GSA to resolve alternative fuel usage tracking issues
with alternative and petroleum fuel providers.
Sec. 403. Procurement of Environmentally Preferable
Motor Vehicle Products.
(a) Consistent with Executive Order 13101 and
section 6002 of the Resource Conservation and Recovery
Act (RCRA), 42 U.S.C. 6962, effective 6 months after
the date of this order, no Federal agency shall
purchase, sell, or arrange for the purchase of virgin
petroleum motor vehicle lubricating oils when re-
refined motor vehicle lubricating oils are reasonably
available and meet the vehicle manufacturer's
recommended performance standards.
(b) Consistent with Executive Order 13101 and RCRA
section 6962, in acquiring and maintaining motor
vehicles, agencies shall acquire and use United States
EPA-designated Comprehensive Procurement Guideline
items, including but not limited to retread tires, when
such products are reasonably available and meet
applicable performance standards. In addition, Federal
agencies should consider acquiring other recycled
content products, such as tires containing a minimum of
5-10 percent post-consumer recovered rubber.
(c) Consistent with Executive Order 13101, Federal
agencies are encouraged to use biobased motor vehicle
products when such products are reasonably available
and meet applicable performance standards.
PART 5 GENERAL PROVISIONS
Sec. 501. Revocation. Executive Order 13031 of December
13, 1996, is revoked.
Sec. 502. Statutory Authority. Agencies must carry out
the provisions of this order to the extent consistent
with their statutory authority.
Sec. 503. Limitations. This order is intended only to
improve the internal management of the executive branch
and is not intended to create any right, benefit, or
trust responsibility, substantive or procedural,
enforceable at law by a party against the United
States, its agencies, its officers, or any other
person.
Sec. 504. Independent Agencies. Independent agencies
and agencies excepted from coverage by section 304 are
encouraged to comply with the provisions of this order.
Sec. 505. Government-Owned Contractor-Operated
Vehicles. Agencies must ensure that all Government-
owned contractor-operated vehicles comply with all
applicable goals and other requirements of this order
and that these goals and requirements are incorporated
into each contractor's management contract.
Sec. 506. Exemptions for Military Tactical, Law
Enforcement, and Emergency Vehicles. Department of
Defense military tactical vehicles are exempt from this
order. Law enforcement, emergency, and any other
vehicle class or type determined by OMB, in
consultation with DOE, are exempted from this order's
requirements for Federal fleet fuel efficiency and
alternative fuel vehicle acquisition. Agencies claiming
vehicle exemptions must provide information on the
number of each class or type of vehicle claimed as
exempt as well as an estimate of total fuel consumption
of exempt vehicles on an annual basis. Agencies should
examine options for increasing fuel efficiency in these
exempt vehicles and should report actions taken to
increase fuel efficiency in these vehicles or fleets.
All information required by this section must be
submitted annually under Part 3 of this order.
Sec. 507. Compliance. (a) If an agency fails to meet
requirements of the Energy Policy Act of 1992 or this
order, its report to the DOE and OMB
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under section 302(c) must include an explanation for
such failure and an updated strategy for achieving
compliance using the agency's current and requested
budgets.
(b) OMB, in consultation with DOE, may modify the
compliance requirements for an agency under Part 2 of
this order, if the agency is unable to comply with the
requirements of that part. An agency requesting
modification must show that it has made substantial
good faith efforts to comply with that part. The
availability and costs of alternative fuels and AFVs
can be a factor in OMB's decision to modify the
agency's compliance with Part 2 of this order.
Sec. 508. Definitions. Terms used in this order shall
have the same definitions as those in the Energy Policy
Act of 1992 and Executive Order 13101, unless
specifically changed in guidance to be issued by DOE
under section 301(b) of this order.
(Presidential Sig.)
THE WHITE HOUSE,
April 21, 2000.
[FR Doc. 00-10551
Filed 4-25-00; 8:45 am]
Billing code 3195-01-P