These definitions of agencies apply to Federal fleet requirements:
- Energy Policy Act (EPAct) of 1992 (and related requirements)
- Energy Independence and Security Act (EISA) of 2007 Section 141.
Overview of Applicability by Federal Fleet Requirement
Applicability definitions for each Federal fleet requirement are summarized in the table below. For each Federal fleet requirement, there may be slight differences in the definition of Federal agencies and vehicles that agencies may exempt from the requirement.
| Applicability by Federal Fleet Requirement | ||
|---|---|---|
| Federal Fleet Requirement | Subject Agency Definition | Exempt Vehicle/Fuel Definition |
| EISA Section 142 Petroleum Reduction | EPAct | EPAct |
| EISA Section 142 Alternative Fuel Use | EPAct | EPAct |
| EPAct 1992 AFV Acquisition | EPAct | EPAct |
| EISA Section 141 Acquisition of Low GHG-Emitting Vehicles | EISA § 141 | EISA § 141 |
| GSA FMR VAM | 41 CFR § 102-34.15 | 41 CFR § 102-34.20 |
| EPAct 2005 Section 701 Alternative Fuel Use in Dual-Fueled AFVs | EPAct | EPAct |
| EISA Section 246 Alternative Fuel Infrastructure | EPAct | Not Applicable |
| EISA Section 142 Fleet Planning | EPAct | EPAct |
| GSA FMR Federal Management Information System | 41 CFR § 102-34.15 | 41 CFR § 102-34.20 |
Federal Agencies Subject to EPAct 1992 and Related Requirements
The EPAct 1992 fleet provisions in 42 U.S.C. § 13212 (which are extended to the EPAct 2005 fleet requirements in 42 U.S.C. § 6374, the EISA Section 142 provision in 42 U.S.C. § 6374e and the EISA Section 246 provision in 42 U.S.C. § 17053), apply to any Federal executive department, military department, government corporation, independent establishment, executive agency, the United States Postal Service, the Congress, the courts of the United States, or the Executive Office of the President with a qualifying fleet.
Agencies are subject to the EPAct requirements if the agency owns, operates, leases, or otherwise controls at least one fleet that:
- Includes 20 or more light-duty vehicles (LDVs) within the United States that are not exempt vehicles
- Is located in a Metropolitan Statistical Area (MSA or Consolidated Metropolitan Statistical Area (CMSA), as established by the Bureau of the Census, with a 1980 population of more than 250,000
- Is centrally fueled or capable of being centrally fueled.
The EPAct 1992 alternative fuel vehicle (AFV) acquisition, EPAct 2005 alternative fuel use in dual-fueled AFVs, EISA Section 142 and EISA Section 246 Federal fleet requirements do not apply if:
- A Federal agency does not own, operate, lease, or otherwise control a fleet of 20 or more LDVs (excluding exempt vehicles) that is located in a 1980 MSA or CMSA and is centrally fueled or capable of being centrally fueled
- The fleet is not owned, operated, leased, or otherwise controlled by an agency as defined above.
In determining the number of vehicles within a fleet, the Federal Energy Management Program (FEMP) considers all covered LDVs operated within a specific MSA to be part of the same fleet. For example, a single agency owns fewer than 20 covered LDVs at each of several sites within Washington, D.C., northern Virginia, and southern Maryland. If the sum of covered LDVs owned by the agency in the 1980 Washington, D.C.-MD-VA MSA is more than 20, then they comprise a covered fleet under EPAct 1992. FEMP uses the vehicle's reported location to determine whether it is garaged in an MSA and whether there are 20 or more covered LDVs within a particular MSA.
A full listing of agencies with at least one EPAct-covered fleet is included below.
Agencies with EPAct-Covered Fleets (2019) Agency Name References and Abbreviations Court Services and Offender Supervision CSOS Defense Agencies General Services Administration GSA National Aeronautics and Space Administration NASA National Science Foundation NSF Nuclear Regulatory Commission NRC Office of Personnel Management OPM Smithsonian Institute Smithsonian Social Security Administration SSA Tennessee Valley Authority TVA U.S. Army Corps of Engineers Corps of Engineers, USACE U.S. Department of Agriculture Agriculture, USDA U.S. Department of Air Force Air Force, USAF U.S. Department of Army Army U.S. Department of Commerce Commerce, DOC U.S. Department of Defense* DoD U.S. Department of Education Education U.S. Department of Energy DOE U.S. Department of Health and Human Services HHS U.S. Department of Homeland Security DHS U.S. Department of Housing and Urban Development HUD U.S. Department of the Interior Interior, DOI U.S. Department of Justice Justice, DOJ U.S. Department of Labor Labor, DOL U.S. Department of Navy Navy U.S. Department of State State, DOS U.S. Department of Transportation Transportation, DOT U.S. Department of Treasury Treasury U.S. Department of Veterans Affairs VA U.S. Environmental Protection Agency EPA U.S. Marine Corps USMC U.S. Postal Service** USPS * The U.S. Department of Defense fleet is comprised of the following five agencies: Defense Agencies, U.S. Department of Air Force, U.S. Department of Army, U.S. Department of Navy, and U.S. Marine Corps.
** The U.S. Postal Service is subject to some, but not all, Federal fleet statutory requirements.
The EISA Section 141 includes a distinct definition of Federal agency. EPA’s Guidance for Implementing Section 141 of the Energy Independence and Security Act of 2007 explains that "Section 141 applies to all [F]ederal agencies, except for offices of the legislative branch, but includes the U.S. House of Representatives when vehicles are acquired using a Member's Representational Allowance. Federal agencies include offices of the judicial branch and executive branch including executive departments, independent establishments and government corporations."
With the exception of EISA Section 141 and the GSA FMR requirements, all Federal vehicles—and the fuel use and mileage associated with them—are covered unless agencies decide to exempt them for the reasons shown in the table below. Exemption decisions must be consistent from year to year in order to ensure proper government accounting and compliance with Federal fleet statutes. This includes LDVs, MDVs, and heavy-duty vehicles (HDVs), regardless of whether they are leased through GSA, agency-owned, or commercially leased. The AFV acquisition requirements in EPAct 1992 Section 303 apply to individual Federal fleets (i.e., 20 or more LDVs located in a metropolitan statistical area with a 1980 population of more than 250,000 that are centrally refueled or capable of being centrally refueled) as opposed to entire Federal agencies.
Vehicles That May Be Exempted from Federal Fleet Requirements (Other than EISA Section 141 and the GSA FMR) Law enforcement vehicles Emergency response vehicles Military tactical vehicles—Motor vehicles (excluding general-purpose motor vehicles) designed to military specification, or a commercially designed motor vehicle modified to military specification to provide direct transportation support of combat or tactical operations and protection of nuclear weapons. These vehicles are inherently mission critical and are used for no other purpose. Nonroad vehicles—Vehicles that are not licensed for use on all roads and highways Motor vehicles used for motor vehicle manufacturer product evaluations or tests Vehicles owned and operated by the Central Intelligence Agency Federally owned vehicles operated solely by Indian nations or state-run Fish and Wildlife services, as applicable Vehicles operated outside of the United States EISA Section 141 applies to all LDVs and medium-duty passenger vehicles that are acquired by a Federal agency and manufactured for sale in the United States. However, agencies may claim functional needs exemptions or comply through alternative measures. The exemptions in the table above do not apply to the EISA Section 141 requirements.
Specific contractor vehicles, listed in the table below, are not considered part of the agency fleet, and therefore not subject to Federal fleet requirements (including EISA Section 141 and the GSA FMR).
Contractor Vehicles Exempt from Federal Fleet Requirements Contractor-owned vehicles where the contract is less than 12 months, including options and renewals Contractor vehicles where a central purpose of the contract is neither for providing vehicles nor for providing transportation services of people or materials on site (e.g., shuttle bus services are not exempt from Federal fleet requirements). Examples of exempt contractor vehicles include vehicles used by electricians, plumbers, and computer repair technicians. However, agencies must ensure that all government-owned, contractor-operated vehicles comply with the requirements. Each agency shall ensure contracts entered into for contractor operation of government-owned facilities or vehicles require the contractor to comply with the AFV acquisition requirements with respect to such facilities or vehicles to the same extent as the agency would be required to comply if the agency operated the facilities or vehicles. See GSA's Federal Management Regulation (FMR) § 102-34.215 for additional details.
GSA FMR Bulletin B-33 establishes the policy that agencies should not automatically exempt any vehicle from requirements solely because it is used by law enforcement (LE) personnel, employs special equipment, or is an emergency vehicle. However, they must apply their decisions consistently from year to year. GSA FMR Bulletin B-33 provides policy to help Federal fleet managers determine whether LE and emergency vehicles should be exempt from Federal fleet requirements.
Agencies are strongly encouraged to classify the appropriate tier (i.e., LE 1, LE 2, and LE 3) for each LE vehicle and determine whether or not to exempt each from Federal fleet requirements. Agencies should classify their LE vehicles by one of the following three groupings (see GSA FMR Bulletin B-33, Motor Vehicle Management), and are strongly encouraged not to exempt LE 3 vehicles from Federal fleet requirements to expand the number of vehicles within the agency fleet for which it improves overall sustainability:
- LE 1: Vehicles "configured for apprehensions, arrests, LE, police activities, or dignitary protection; and assigned to pursuit, protection, or off-road duties. An LE 1 vehicle must be equipped with heavy-duty components to handle the stress of extreme maneuvers and have the horsepower required to achieve the speeds necessary to perform these functions."
- LE 2: Vehicles "configured to perform intelligence, investigations, security, and surveillance activities. An LE 2 vehicle may be unmarked or marked. An LE 2 vehicle is not expected to perform pursuit or protection operations either on- or off-road and does not require the heavy-duty components found on an LE 1 vehicle."
- LE 3: "Standard vehicles of any make or model that may be used for associated LE operations, including administrative functions such as courier, mail delivery, employee shuttle, or other functions not performed by LE 1- and LE 2-tiered vehicles. An LE 3 vehicle is not expected to perform pursuit or protection operations either on- or off-road."
See GSA FMR Bulletin B-33 for more information.