
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: 42USC8871]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
              CHAPTER 96--BIOMASS ENERGY AND ALCOHOL FUELS
 
             SUBCHAPTER IV--MISCELLANEOUS BIOMASS PROVISIONS
 
Sec. 8871. Use of gasohol in Federal motor vehicles


(a) Exercise of President's authority pursuant to executive order 
        respecting use

    The President shall, by executive order, require that motor vehicles 
which are owned or leased by Federal agencies and are capable of 
operating on gasohol shall use gasohol where available at reasonable 
prices and in reasonable quantities.

(b) Exceptions

    The President may provide for exceptions to the requirement of 
subsection (a) of this section where necessary, including to protect the 
national security.

(c) Gasohol requirements

    Such executive order shall specify the alcohol-gasoline mixture or 
mixtures which shall constitute ``gasohol'' for purposes of such order, 
as well as specifications for its use.

(Pub. L. 96-294, title II, Sec. 271, June 30, 1980, 94 Stat. 710.)


    Report on Exemptions and Sense of Congress Regarding Purchase of 
                            Domestic Gasohol

    Pub. L. 102-190, div. A, title VIII, Sec. 841(c), (d), Dec. 5, 1991, 
105 Stat. 1449, provided that:
    ``(c) Report on Exemptions.--The Secretary of Defense shall review 
all exemptions granted for the Department of Defense, and the 
Administrator of the General Services Administration shall review all 
exemptions granted for Federal agencies and departments, to the 
requirements of section 2398 of title 10, United States Code, and 
section 271 of the Energy Security Act (Public Law 96-294; 42 U.S.C. 
8871) and shall terminate any exemption that the Secretary or the 
Administrator determines is no longer appropriate. Not later than 90 
days after the date of the enactment of this Act [Dec. 5, 1991], the 
Secretary and the Administrator shall submit jointly to Congress a 
report on the results of the review, with a justification for the 
exemptions that remain in effect under those provisions of law.
    ``(d) Sense of Congress.--It is the sense of Congress that whenever 
any motor vehicle capable of operating on gasoline or alcohol-gasoline 
blends that is owned or operated by the Department of Defense or any 
other department or agency of the Federal Government is refueled, it 
shall be refueled with an alcohol-gasoline blend containing at least 10 
percent domestically produced alcohol if available along the normal 
travel route of the vehicle at the same or lower price than unleaded 
gasoline.''

 Ex. Ord. No. 12261. Implementation of Use of Gasohol in Federal Motor 
                                Vehicles

    Ex. Ord. No. 12261, Jan. 5, 1981, 46 F.R. 2023, provided:
    By the authority vested in me as President of the United States of 
America by Section 271 of the Energy Security Act (94 Stat. 710; Public 
Law 96-294; 42 U.S.C. 8871), in order to require Federal agencies which 
own or lease motor vehicles to use gasohol in those vehicles which are 
capable of operating on gasohol where it is available at reasonable 
prices and in reasonable quantities, it is hereby ordered as follows:
    1-101. In procurement actions for unleaded gasoline motor fuel, 
Federal agencies shall, whenever feasible, specify that gasohol is an 
acceptable substitute motor fuel. In such procurements there shall be a 
preference for the purchase of gasohol.
    1-102. Agencies may procure the components of gasohol and do their 
own blending.
    1-103. In determining the feasibility of specifying gasohol as a 
substitute motor fuel in procurement actions for unleaded gasoline, 
agencies shall include in their considerations such factors as the 
availability of storage facilities for bulk purchases and the number of 
vehicles capable of operating on gasohol.
    1-104. Agencies shall designate those vehicles which are capable of 
using gasohol, consistent with overall agency needs and sound vehicle 
management practices. Agencies shall specify the conditions governing 
the use of gasohol, including when gasohol shall be purchased from 
normal retail outlets by vehicle operators.
    1-105. The use of gasohol by the Department of Defense pursuant to 
this Order shall be in accordance with Section 815 of the Department of 
Defense Authorization Act, 1980 (93 Stat. 817; Public Law 96-107; 10 
U.S.C. 2388 note) which provides for the use of gasohol to the maximum 
extent feasible and consistent with overall defense needs and sound 
vehicle management practices, as determined by the Secretary of Defense.
    1-106. Vehicles used in experimental programs to test fuels other 
than gasohol are excepted from this Order.
    1-107. The authority vested in the President by Section 271(b) of 
the Energy Security Act (42 U.S.C. 8871(b)) is delegated to the 
Secretary of Defense with respect to gasohol use by the Department of 
Defense, and delegated to the Administrator of General Services with 
respect to gasohol use by other agencies.
    1-108. Federal agencies shall make available to the Department of 
Energy, upon request, relevant data or information they possess 
concerning agency gasohol usage.
    1-109. For purposes of this Order ``Gasohol'' means a motor fuel 
which has an octane rating of not less than 87 (R+M)/2 and which 
consists of approximately 90 percent unleaded gasoline and approximately 
10 percent anhydrous (199 proof or above) ethyl alcohol derived from 
biomass, as defined in Section 203(2)(A) of the Energy Security Act (94 
Stat. 683; Public Law 96-294; 42 U.S.C. 8802(2)(A)).
    1-110. (a) The Secretary of Defense with respect to gasohol use by 
the Department of Defense, and the Administrator of General Services 
with respect to gasohol use by other agencies, shall issue such 
guidelines for the implementation of this Order as they deem 
appropriate.
    (b) Such guidelines shall provide for a determination of reasonable 
prices and reasonable quantities based on the local prevailing price of 
unleaded gasolines, the octane requirements for vehicles in the Federal 
fleet, local market availability of gasohol or its components, and other 
such factors, as may be appropriate.
                                                           Jimmy Carter.
