Presidential Documents

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Presidential Documents 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.

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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 mediumduty 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;

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(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.

THE WHITE HOUSE,

April 21, 2000.

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[FR Doc. 00–10551

Filed 4–25–00; 8:45 am]

Billing code 3195–01–P