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THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release April 21, 2000
EXECUTIVE ORDER 13149
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.
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.
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 require-ments 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:
(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 appro-priate,
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.
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 alterna-tive 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;
(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.
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 responsi-bility, 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 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.
WILLIAM J. CLINTON
THE WHITE HOUSE,
April 21, 2000.
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