
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13212]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 134--ENERGY POLICY
 
                SUBCHAPTER I--ALTERNATIVE FUELS--GENERAL
 
Sec. 13212. Minimum Federal fleet requirement


(a) General requirements

    (1) The Federal Government shall acquire at least--
        (A) 5,000 light duty alternative fueled vehicles in fiscal year 
    1993;
        (B) 7,500 light duty alternative fueled vehicles in fiscal year 
    1994; and
        (C) 10,000 light duty alternative fueled vehicles in fiscal year 
    1995.

    (2) The Secretary shall allocate the acquisitions necessary to meet 
the requirements under paragraph (1).

(b) Percentage requirements

    (1) Of the total number of vehicles acquired by a Federal fleet, at 
least--
        (A) 25 percent in fiscal year 1996;
        (B) 33 percent in fiscal year 1997;
        (C) 50 percent in fiscal year 1998; and
        (D) 75 percent in fiscal year 1999 and thereafter,

shall be alternative fueled vehicles.
    (2) The Secretary, in consultation with the Administrator of General 
Services where appropriate, may permit a Federal fleet to acquire a 
smaller percentage than is required in paragraph (1), so long as the 
aggregate percentage acquired by all Federal fleets is at least equal to 
the required percentage.
    (3) For purposes of this subsection, the term ``Federal fleet'' 
means 20 or more light duty motor vehicles, located in a metropolitan 
statistical area or consolidated metropolitan statistical area, as 
established by the Bureau of the Census, with a 1980 population of more 
than 250,000, that are centrally fueled or capable of being centrally 
fueled and are owned, operated, leased, or otherwise controlled by or 
assigned to any Federal executive department, military department, 
Government corporation, independent establishment, or executive agency, 
the United States Postal Service, the Congress, the courts of the United 
States, or the Executive Office of the President. Such term does not 
include--
        (A) motor vehicles held for lease or rental to the general 
    public;
        (B) motor vehicles used for motor vehicle manufacturer product 
    evaluations or tests;
        (C) law enforcement vehicles;
        (D) emergency vehicles;
        (E) motor vehicles acquired and used for military purposes that 
    the Secretary of Defense has certified to the Secretary must be 
    exempt for national security reasons; or
        (F) nonroad vehicles, including farm and construction vehicles.

(c) Allocation of incremental costs

    The General Services Administration and any other Federal agency 
that procures motor vehicles for distribution to other Federal agencies 
may allocate the incremental cost of alternative fueled vehicles over 
the cost of comparable gasoline vehicles across the entire fleet of 
motor vehicles distributed by such agency.

(d) Application of requirements

    The provisions of section 6374 of this title relating to the Federal 
acquisition of alternative fueled vehicles shall apply to the 
acquisition of vehicles pursuant to this section.

(e) Resale

    The Administrator of General Services shall take all feasible steps 
to ensure that all alternative fueled vehicles sold by the Federal 
Government shall remain alternative fueled vehicles at time of sale.

(f) Authorization of appropriations

    There are authorized to be appropriated for carrying out this 
section, such sums as may be necessary for fiscal years 1993 through 
1998, to remain available until expended.

(Pub. L. 102-486, title III, Sec. 303, Oct. 24, 1992, 106 Stat. 2871.)

                        Executive Order No. 12844

    Ex. Ord. No. 12844, Apr. 21, 1993, 58 F.R. 21885, as amended by Ex. 
Ord. No. 12974, Sec. 3(b), Sept. 29, 1995, 60 F.R. 51876, which required 
the Federal Government to institute a Federal fleet vehicle acquisition 
program and established the Federal Fleet Conversion Task Force to 
advise on implementation of the program, was revoked by Ex. Ord. No. 
13031, Sec. 9, Dec. 13, 1996, 61 F.R. 66531, set out below.

    Ex. Ord. No. 13031. Federal Alternative Fueled Vehicle Leadership

    Ex. Ord. No. 13031, Dec. 13, 1996, 61 F.R. 66529, provided:
    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) (``the Act'') [see Tables for 
classification], and section 301 of title 3, United States Code, and 
with the knowledge that the use of alternative fueled motor vehicles 
will, in many applications, reduce the Nation's dependence on oil, and 
may create jobs by providing an economic stimulus for domestic industry, 
and may improve the Nation's air quality by reducing pollutants in the 
atmosphere, it is hereby ordered as follows:
    Section 1. Federal Leadership and Goals. (a) The purpose of this 
order is to ensure that the Federal Government exercise leadership in 
the use of alternative fueled vehicles (AFVs). To that end, each Federal 
agency shall develop and implement aggressive plans to fulfill the 
alternative fueled vehicle acquisition requirements established by the 
Act. The Act generally requires that, of the vehicles acquired by each 
agency for its fleets, subject to certain conditions specified in 
section 303(b)(1) of the Act [42 U.S.C. 13212(b)(1)], 25 percent should 
be AFVs in fiscal year (FY) 1996, 33 percent in FY 1997, 50 percent in 
FY 1998, and 75 percent in FY 1999 and thereafter. These requirements 
apply to all agencies, regardless of whether they lease vehicles from 
the General Services Administration (GSA) or acquire them elsewhere. 
That section also defines which Federal agency vehicles are covered by 
the AFV acquisition requirements; this order applies to the same 
vehicles, which are primarily general-use vehicles located in 
metropolitan statistical areas with populations of 250,000 or more.
    (b) To the extent practicable, agencies shall use alternative fuels 
in all vehicles capable of using them. Agencies shall continue to work 
together in interagency committees recommended by the Federal Fleet 
Conversion Task Force established by Executive Order 12844 of April 21, 
1993, to coordinate their vehicle acquisitions and placement.
    Sec. 2. Submission of Agency Plans and Reports on Statutory 
Compliance. (a) Sixty (60) days after the date of this Executive order, 
and annually thereafter as part of its budget submission to the Director 
of the Office of Management and Budget, each agency shall submit a 
report on its compliance with sections 303 and 304 of the Act [42 U.S.C. 
13212, 13213]. A copy of the report shall also be submitted to the 
Secretary of Energy and to the Administrator of General Services. The 
report shall state whether the agency is in compliance with the Act, and 
substantiate that statement with quantitative data including numbers and 
types of vehicles acquired and the level of their use. At a minimum, the 
report shall indicate the number of vehicles acquired or converted for 
each fuel type and vehicle class, and the total number of vehicles of 
each fuel type operated by the agency. The Director of the Office of 
Management and Budget shall issue further reporting guidance as 
necessary.
    (b) If an agency has failed to meet the statutory requirements, it 
shall include in its report an explanation for such failure and a plan, 
consistent with the agency's current and requested budgets, for 
achieving compliance with the Act. The plan shall include alternative 
sources of suitable AFVs if the agency's primary vehicle supplier is 
unable to meet the AFV requirements.
    (c) The Secretary of the Department of Energy and the Administrator 
of General Services shall cooperatively analyze the agency AFV reports 
and acquisition plans, and shall submit jointly a summary report to the 
Director of the Office of Management and Budget.
    Sec. 3. Exceptions for Law-Enforcement, Emergency, and National 
Defense Vehicles. Section 303 of the Act [42 U.S.C. 13212] allows 
exemptions to the acquisition requirements for law-enforcement, 
emergency, and vehicles acquired and used for military purposes that the 
Secretary of Defense has certified must be exempt for national security 
reasons. Law enforcement vehicles shall include vehicles used for 
protective activities. Each agency that acquires or utilizes any such 
vehicles shall include in its report an explanation of why an exemption 
is claimed with respect to such vehicles.
    Sec. 4. Fulfilling the Acquisition Requirement. (a) Agencies may 
acquire alternative fueled vehicles to meet the requirements of this 
order through lease from GSA, acquisition of original equipment 
manufacturer models, commercial lease, conversion of conventionally 
fueled vehicles, or any combination of these approaches. All vehicles, 
including those converted for alternative fuel use, shall comply with 
all applicable Federal and State emissions and safety standards.
    (b) Based on its own plans and the plans and reports submitted by 
other agencies, the Administrator of General Services shall provide 
planning information to potential AFV suppliers to assist in production 
planning. After consulting with AFV suppliers, the Administrator of 
General Services shall provide to Federal agencies information on the 
production plans of AFV suppliers well in advance of budget and ordering 
cycles.
    (c) As required by section 305 of the Act [42 U.S.C. 13214], the 
Secretary of Energy, in cooperation with the Administrator of General 
Services, shall continue to provide technical assistance to other 
Federal agencies that acquire alternative fueled vehicles and shall 
facilitate the coordination of the Federal Government's alternative 
fueled vehicle program.
    Sec. 5. Vehicle Reporting Credits. The gains in air quality and 
energy security that this order seeks to achieve will be even larger if 
medium- and heavy-duty vehicles are operated on alternative fuels, and 
if ``zero-emissions vehicles'' (ZEVs) are used. Therefore, for the 
purposes of this order, agencies may acquire medium- or heavy-duty 
dedicated alternative fueled vehicles or ZEVs to meet their AFV 
acquisition requirements, and they shall be given credits for compliance 
with their AFV targets as follows. Each medium-duty and ZEV shall count 
the same as two light-duty AFVs, and each dedicated alternative fueled 
heavy-duty vehicle shall count as three light-duty AFVs. The ZEV credits 
may be combined with vehicle size credits. The Director of the Office of 
Management and Budget, in consultation with the Secretary of Energy, 
shall issue detailed guidance on the classification and reporting of 
medium-duty, heavy-duty, and ZEVs. In the reports mandated in section 2 
of this order, medium- and heavy-duty AFVs and ZEVs shall be identified 
separately from light-duty vehicles.
    Sec. 6. Funding Alternative Fueled Vehicle Acquisition. (a) The 
Department of Energy will no longer request or require specific 
appropriations to fund the incremental costs of alternative fueled 
vehicles, including any incremental costs associated with acquisition 
and disposal, for other agencies. Agencies shall formulate their 
compliance plans based on existing and requested funds, but shall not be 
exempt from the requirements of the Act or this order due to limited 
appropriations.
    (b) An exception regarding funding assistance shall be made for 
electric vehicles, which are in an earlier stage of development than 
other alternative fueled vehicles. The Secretary of Energy shall 
establish a program beginning in FY 1997 to provide partial funding 
assistance for agency purchases of electric vehicles. Up to $10,000 or 
one-half the incremental cost over a comparable gasoline-powered 
vehicle, whichever is less, may be provided as funding assistance for 
each electric vehicle, subject to the availability of funds.
    Sec. 7. Agency Cooperation with Stakeholders on Alternative Fueled 
Vehicle Placement and Refueling Capabilities. The Secretary of Energy 
shall work with agencies procuring AFVs to coordinate the placement of 
their vehicles with the placement of similar vehicles by nonfederal 
alternative fuel stakeholders. Federal planning and acquisition efforts 
shall be coordinated with the efforts of the Department of Energy's 
``Clean Cities'' participants, private industry fuel suppliers, and 
fleet operators, and State and local governments to ensure that adequate 
private sector refueling capabilities exist or will exist wherever 
Federal fleet alternative fueled vehicles are located. Each agency's 
fleet managers shall work with appropriate organizations at their 
respective locations, whether in a ``Clean Cities'' location or not, on 
initiatives to promote alternative fueled vehicle use and expansion of 
refueling infrastructure.
    Sec. 8. Definitions. For the purpose of this order, the terms 
``agency,'' ``alternative fueled vehicle,'' and ``alternative fuel'' 
have the same meaning given such terms in sections 151 and 301 of the 
Act [42 U.S.C. 8262, 13211].
    Sec. 9. Executive Order 12844. This order supersedes Executive Order 
12844.
    Sec. 10. Judicial Review. This order is not intended to, and does 
not, create any right or benefit or trust responsibility, substantive or 
procedural, enforceable by a party against the United States, its 
agencies or instrumentalities, its officers or employees, or any other 
person.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 6374, 13213, 13214 of this 
title.
