[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:

[[Page 24609]]

(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

[[Page 24611]]

                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.)<Clinton1><Clinton2>

                THE WHITE HOUSE,

                    April 21, 2000.

[FR Doc. 00-10551
Filed 4-25-00; 8:45 am]
Billing code 3195-01-P