
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6374]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
              Part H--Encouraging Use of Alternative Fuels
 
Sec. 6374. Alternative fuel use by light duty Federal vehicles


(a) Department of Energy program

    (1) Beginning in the fiscal year ending September 30, 1990, the 
Secretary shall ensure, with the cooperation of other appropriate 
agencies and consistent with other Federal law, that the maximum number 
practicable of the vehicles acquired annually for use by the Federal 
Government shall be alternative fueled vehicles. In no event shall the 
number of such vehicles acquired be less than the number required under 
section 13212 of this title.
    (2) In any determination of whether the acquisition of a vehicle is 
practicable under paragraph (1), the initial cost of such vehicle to the 
United States shall not be considered as a factor unless the initial 
cost of such vehicle exceeds the initial cost of a comparable gasoline 
or diesel fueled vehicle by at least 5 percent.
    (3)(A) To the extent practicable, the Secretary shall acquire both 
dedicated and dual fueled vehicles, and shall ensure that each type of 
alternative fueled vehicle is used by the Federal Government.
    (B) Vehicles acquired under this section shall be acquired from 
original equipment manufacturers. If such vehicles are not available 
from original equipment manufacturers, vehicles converted to use 
alternative fuels may be acquired if, after conversion, the original 
equipment manufacturer's warranty continues to apply to such vehicles, 
pursuant to an agreement between the original equipment manufacturer and 
the person performing the conversion. This subparagraph shall not apply 
to vehicles acquired by the United States Postal Service pursuant to a 
contract entered into by the United States Postal Service before October 
24, 1992, and which terminates on or before December 31, 1997.
    (C) Alternative fueled vehicles, other than those described in 
subparagraph (B), may be acquired solely for the purposes of studies 
under subsection (b) of this section, whether or not original equipment 
manufacturer warranties still apply.
    (D) In deciding which types of alternative fueled vehicles to 
acquire in implementing this part, the Secretary shall consider as a 
factor--
        (i) which types of vehicles yield the greatest reduction in 
    pollutants emitted per dollar spent; and
        (ii) the source of the fuel to supply the vehicles, giving 
    preference to vehicles that operate on alternative fuels derived 
    from domestic sources.

    (E) Dual fueled vehicles acquired pursuant to this section shall be 
operated on alternative fuels unless the Secretary determines that 
operation on such alternative fuels is not feasible.
    (F) At least 50 percent of the alternative fuels used in vehicles 
acquired pursuant to this section shall be derived from domestic 
feedstocks, except to the extent inconsistent with the multilateral 
trade agreements (as defined in section 3501(4) of title 19). The 
Secretary shall issue regulations to implement this requirement. For 
purposes of this subparagraph, the term ``domestic'' has the meaning 
given such term in section 13211(7) of this title.
    (G) Except to the extent inconsistent with the multilateral trade 
agreements (as defined in section 3501(4) of title 19), vehicles 
acquired under this section shall be motor vehicles manufactured in the 
United States or Canada.
    (4) Acquisitions of vehicles under this section shall, to the extent 
practicable, be coordinated with acquisitions of alternative fueled 
vehicles by State and local governments.

(b) Studies

    (1)(A) The Secretary, in cooperation with the Environmental 
Protection Agency and the National Highway Traffic Safety 
Administration, shall conduct a study of a representative sample of 
alternative fueled vehicles in Federal fleets, which shall at a minimum 
address--
        (i) the performance of such vehicles, including performance in 
    cold weather and at high altitude;
        (ii) the fuel economy, safety, and emissions of such vehicles; 
    and
        (iii) a comparison of the operation and maintenance costs of 
    such vehicles to the operation and maintenance costs of other 
    passenger automobiles and light duty trucks.

    (B) The Secretary shall provide a report on the results of the study 
conducted under subparagraph (A) to the Committees on Commerce, Science, 
and Transportation and Governmental Affairs of the Senate, and the 
Committee on Energy and Commerce of the House of Representatives, within 
one year after the first such vehicles are acquired.
    (2)(A) The Secretary and the Administrator of the General Services 
Administration shall conduct a study of the advisability, feasibility, 
and timing of the disposal of vehicles acquired under subsection (a) of 
this section and any problems of such disposal. Such study shall take 
into account existing laws governing the sale of Government vehicles and 
shall specifically focus on when to sell such vehicles and what price to 
charge, without compromising studies of the use of such vehicles 
authorized under this part.
    (B) The Secretary and the Administrator of the General Services 
Administration shall report the results of the study conducted under 
subparagraph (A) to the Committees on Commerce, Science, and 
Transportation and Governmental Affairs of the Senate, and the Committee 
on Energy and Commerce of the House of Representatives, within 12 months 
after funds are appropriated for carrying out this section.
    (3) Studies undertaken under this subsection shall be coordinated 
with relevant testing activities of the Environmental Protection Agency 
and the Department of Transportation.

(c) Availability to public

    To the extent practicable, at locations where vehicles acquired 
under subsection (a) of this section are supplied with alternative 
fuels, such fuels shall be offered for sale to the public. The head of 
the Federal agency responsible for such a location shall consider 
whether such sale is practicable, taking into account, among other 
factors--
        (1) whether alternative fuel is commercially available for 
    vehicles in the vicinity of such location;
        (2) security and safety considerations;
        (3) whether such sale is in accordance with applicable local, 
    State, and Federal law;
        (4) the ease with which the public can access such location; and
        (5) the cost to the United States of such sale.

(d) Federal agency use of demonstration vehicles

    (1) Upon the request of the head of any agency of the Federal 
Government, the Secretary shall ensure that such Federal agency be 
provided with vehicles acquired under subsection (a) of this section to 
the maximum extent practicable.
    (2)(A) Funds appropriated under this section for the acquisition of 
vehicles under subsection (a) of this section shall be applicable only 
to the portion of the cost of vehicles acquired under subsection (a) of 
this section which exceeds the cost of comparable gasoline or diesel 
fueled vehicles.
    (B) To the extent that appropriations are available for such 
purposes, the Secretary shall ensure that the cost to any Federal agency 
receiving a vehicle under paragraph (1) shall not exceed the cost to 
such agency of a comparable gasoline or diesel fueled vehicle.
    (3) Only one-half of the vehicles acquired under this section by an 
agency of the Federal Government shall be counted against any limitation 
under law, Executive order, or executive or agency policy on the number 
of vehicles which may be acquired by such agency.
    (4) Any Federal agency receiving a vehicle under paragraph (1) shall 
cooperate with studies undertaken by the Secretary under subsection (b) 
of this section.

(e) Detail of personnel

    Upon the request of the Secretary, the head of any Federal agency 
may detail, on a reimbursable basis, any of the personnel of such agency 
to the Department of Energy to assist the Secretary in carrying out the 
Secretary's duties under this section.

(f) Exemptions

    (1) Vehicles acquired under this section shall not be counted in any 
calculation of the average fuel economy of the fleet of passenger 
automobiles acquired in a fiscal year by the United States.
    (2) The incremental cost of vehicles acquired under this section 
over the cost of comparable gasoline or diesel fueled vehicles shall not 
be applied to any calculation with respect to a limitation under law on 
the maximum cost of individual vehicles which may be acquired by the 
United States.

(g) Definitions

    For purposes of this part--
        (1) the term ``acquired'' means leased for a period of sixty 
    continuous days or more, or purchased;
        (2) the term ``alternative fuel'' means methanol, denatured 
    ethanol, and other alcohols; mixtures containing 85 percent or more 
    (or such other percentage, but not less than 70 percent, as 
    determined by the Secretary, by rule, to provide for requirements 
    relating to cold start, safety, or vehicle functions) by volume of 
    methanol, denatured ethanol, and other alcohols with gasoline or 
    other fuels; natural gas; liquefied petroleum gas; hydrogen; coal-
    derived liquid fuels; fuels (other than alcohol) derived from 
    biological materials; electricity (including electricity from solar 
    energy); and any other fuel the Secretary determines, by rule, is 
    substantially not petroleum and would yield substantial energy 
    security benefits and substantial environmental benefits;
        (3) the term ``alternative fueled vehicle'' means a dedicated 
    vehicle or a dual fueled vehicle;
        (4) the term ``dedicated vehicle'' means--
            (A) a dedicated automobile, as such term is defined in 
        section 32901(a)(7) of title 49; or
            (B) a motor vehicle, other than an automobile, that operates 
        solely on alternative fuel;

        (5) the term ``dual fueled vehicle'' means--
            (A) dual fueled automobile, as such term is defined in 
        section 32901(a)(8) of title 49; or
            (B) a motor vehicle, other than an automobile, that is 
        capable of operating on alternative fuel and is capable of 
        operating on gasoline or diesel fuel; and

        (6) the term ``heavy duty vehicle'' means a vehicle of greater 
    than 8,500 pounds gross vehicle weight rating.

(h) Funding

    (1) For the purposes of this section, there are authorized to be 
appropriated such sums as may be necessary for fiscal years 1993 through 
1998, to remain available until expended.
    (2) The authority of the Secretary to obligate amounts to be 
expended under this section shall be effective for any fiscal year only 
to such extent or in such amounts as are provided in advance by 
appropriation Acts.

(Pub. L. 94-163, title III, Sec. 400AA, as added Pub. L. 100-494, 
Sec. 4(a), Oct. 14, 1988, 102 Stat. 2442; amended Pub. L. 102-486, title 
III, Secs. 302(a), 309, Oct. 24, 1992, 106 Stat. 2868, 2874; Pub. L. 
104-66, title I, Secs. 1051(a), 1052(e), Dec. 21, 1995, 109 Stat. 716, 
718; Pub. L. 105-388, Sec. 5(a)(14), Nov. 13, 1998, 112 Stat. 3479; Pub. 
L. 106-36, title I, Sec. 1002(h), June 25, 1999, 113 Stat. 134.)

                          Codification

    In subsec. (g)(4)(A), (5)(A), ``section 32901(a)(7) of title 49'' 
substituted for ``section 513(h)(1)(C) of the Motor Vehicle Information 
Cost Savings Act'' and ``section 32901(a)(8) of title 49'' substituted 
for ``section 513(h)(1)(D) of the Motor Vehicle Information and Cost 
Savings Act'', respectively, on authority of Pub. L. 103-272, Sec. 6(b), 
July 5, 1994, 108 Stat. 1378, the first section of which enacted 
subtitles II, III, and V to X of Title 49, Transportation.


                               Amendments

    1999--Subsec. (a)(3)(F), (G). Pub. L. 106-36 substituted 
``multilateral trade agreements (as defined in section 3501(4) of title 
19)'' for ``General Agreement on Tariffs and Trade''.
    1998--Subsecs. (h), (i). Pub. L. 105-388 redesignated subsec. (i) as 
(h).
    1995--Subsec. (b)(1)(B). Pub. L. 104-66, Sec. 1052(e), struck out 
before period at end ``, and annually thereafter''.
    Subsec. (b)(3) to (5). Pub. L. 104-66, Sec. 1051(a), redesignated 
par. (5) as (3) and struck out former par. (3) which directed Secretary 
to conduct study of heavy duty vehicles acquired under Department of 
Energy program and report results to Congress and par. (4) which 
directed Secretary to conduct study of advisability of heavy duty 
vehicle disposal and report results to Congress.
    1992--Subsec. (a)(1). Pub. L. 102-486, Sec. 302(a)(1), substituted 
``vehicles'' for ``passenger automobiles and light duty trucks'' before 
``acquired annually for use'' and ``alternative fueled vehicles. In no 
event shall the number of such vehicles acquired be less than the number 
required under section 13212 of this title.'' for ``alcohol powered 
vehicles, dual energy vehicles, natural gas powered vehicles, or natural 
gas dual energy vehicles.''
    Subsec. (a)(3). Pub. L. 102-486, Sec. 302(a)(2), amended par. (3) 
generally. Prior to amendment, par. (3) read as follows: ``The Secretary 
shall, to the extent practicable and consistent with this part, ensure 
that the number of dual energy vehicles acquired under this subsection 
is at least as great as the number of alcohol powered vehicles acquired 
under this subsection, and that the number of natural gas dual energy 
vehicles acquired under this subsection is at least as great as the 
number of natural gas powered vehicles acquired under this subsection. 
To the extent practicable, both vehicles capable of operating on alcohol 
and vehicles capable of operating on natural gas shall be acquired in 
carrying out this subsection, and such vehicles shall be supplied by 
original equipment manufacturers.''
    Subsec. (a)(4). Pub. L. 102-486, Sec. 302(a)(3), added par. (4).
    Subsec. (b)(1)(A). Pub. L. 102-486, Sec. 309, substituted ``a 
representative sample of alternative fueled vehicles in Federal fleets'' 
for ``the vehicles acquired under subsection (a) of this section''.
    Subsec. (b)(3) to (5). Pub. L. 102-486, Sec. 302(a)(4), added pars. 
(3) to (5).
    Subsec. (c). Pub. L. 102-486, Sec. 302(a)(5), in introductory 
provisions substituted ``alternative fuels, such fuels'' for ``alcohol 
or natural gas, alcohol or natural gas'' and in par. (1) substituted 
``alternative fuel'' for ``alcohol or natural gas''.
    Subsec. (d)(2)(B). Pub. L. 102-486, Sec. 302(a)(6), substituted ``To 
the extent that appropriations are available for such purposes, the 
Secretary'' for ``The Secretary''.
    Subsec. (g)(2) to (6). Pub. L. 102-486, Sec. 302(a)(7), added pars. 
(2) to (6) and struck out former pars. (2) to (6) which read as follows:
    ``(2) the term `alcohol' means a mixture containing 85 percent or 
more by volume methanol, ethanol, or other alcohols, in any combination;
    ``(3) the term `alcohol powered vehicle' means a vehicle designed to 
operate exclusively on alcohol;
    ``(4) the term `dual energy vehicle' means a vehicle which is 
capable of operating on alcohol and on gasoline or diesel fuel;
    ``(5) the term `natural gas dual energy vehicle' means a vehicle 
which is capable of operating on natural gas and on gasoline or diesel 
fuel; and
    ``(6) the term `natural gas powered vehicle' means a vehicle 
designed to operate exclusively on natural gas.''
    Subsec. (i)(1). Pub. L. 102-486, Sec. 302(a)(8), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``For the 
purposes of this section, there are authorized to be appropriated for 
the fiscal year ending September 30, 1990, $5,000,000, for the fiscal 
year ending September 30, 1991, $3,000,000, for the fiscal year ending 
September 30, 1992, $2,000,000, and for the fiscal year ending September 
30, 1993, $2,000,000.''

                         Change of Name

    Committee on Energy and Commerce of House of Representatives treated 
as referring to Committee on Commerce of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.


                            Termination Date

    Section 4(b) of Pub. L. 100-494, which provided that this section 
and the amendments made by this section (enacting this part) were to 
cease to be effective after Sept. 30, 1997, was repealed by Pub. L. 102-
486, title III, Sec. 302(b), Oct. 24, 1992, 106 Stat. 2871.


                                Findings

    Section 2 of Pub. L. 100-494 provided that: ``The Congress finds and 
declares that--
        ``(1) the achievement of long-term energy security for the 
    United States is essential to the health of the national economy, 
    the well-being of our citizens, and the maintenance of national 
    security;
        ``(2) the displacement of energy derived from imported oil with 
    alternative fuels will help to achieve energy security and improve 
    air quality;
        ``(3) transportation uses account for more than 60 percent of 
    the oil consumption of the Nation;
        ``(4) the Nation's security, economic, and environmental 
    interests require that the Federal Government should assist clean-
    burning, nonpetroleum transportation fuels to reach a threshold 
    level of commercial application and consumer acceptability at which 
    they can successfully compete with petroleum-based fuels;
        ``(5) methanol, ethanol, and natural gas are proven 
    transportation fuels that burn more cleanly and efficiently than 
    gasoline and diesel fuel;
        ``(6) the production and use as transportation fuels of ethanol, 
    methanol made from natural gas or biomass, and compressed natural 
    gas have been estimated in some studies to release less carbon 
    dioxide than comparable quantities of petroleum-based fuel;
        ``(7) the amount of carbon dioxide released with methanol from a 
    coal-to-methanol industry using currently available technologies has 
    been estimated in some studies to be significantly greater than the 
    amount released with a comparable quantity of petroleum-based fuel;
        ``(8) there exists evidence that manmade pollution--the release 
    of carbon dioxide, chlorofluorocarbons, methane, and other trace 
    gases into the atmosphere--may be producing a long term and 
    substantial increase in the average temperature on Earth, a 
    phenomenon known as global warming through the greenhouse effect; 
    and
        ``(9) ongoing pollution and deforestation may be contributing 
    now to an irreversible process producing unacceptable global climate 
    changes; necessary actions must be identified and implemented in 
    time to protect the climate, including the development of 
    technologies to control increased carbon dioxide emissions that 
    result with methanol from a coal-to-methanol industry.''


                                 Purpose

    Section 3 of Pub. L. 100-494 provided that: ``The purpose of this 
Act [see Short Title of 1988 Amendment note set out under section 6201 
of this title] is to encourage--
        ``(1) the development and widespread use of methanol, ethanol, 
    and natural gas as transportation fuels by consumers; and
        ``(2) the production of methanol, ethanol, and natural gas 
    powered motor vehicles.''


                        Use of Nonstandard Fuels

    Section 5 of Pub. L. 100-494 provided that: ``No guaranty or 
warranty with respect to any passenger automobile or light-duty truck 
acquired by the United States after October 1, 1989, shall be voided or 
reduced in effect by reason of the operation of such vehicle with any 
fuel for which a currently effective waiver, which includes a limitation 
regarding Reid vapor pressure with respect to such fuel, has been issued 
by the Administrator of the Environmental Protection Agency under 
section 211(f) of the Clean Air Act (42 U.S.C. 7545(f)).''

                  Section Referred to in Other Sections

    This section is referred to in sections 13212, 13218 of this title.
