[Weekly Compilation of Presidential Documents Volume 36, Number 17 (Monday, May 1, 2000)]
[Pages 901-905]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13149--Greening the Government Through Federal Fleet and 
Transportation Efficiency

April 21, 2000

    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

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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.

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

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      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 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.

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    (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.

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 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

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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.

 [Filed with the Office of the Federal Register, 8:45 a.m., April 25, 
2000]

 Note: This Executive order was made available by the Office of the 
Press Secretary on April 21 but was embargoed for release until 10:06 
a.m. on April 22, and it was published in the Federal Register on April 
26.