[Federal Register: January 26, 2007 (Volume 72, Number 17)]
[Presidential Documents]
[Page 3917-3923]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja07-184]
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Part II
The President
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Executive Order 13423--Strengthening Federal Environmental, Energy, and
Transportation Management
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Executive Order 13423 of January 24, 2007
Strengthening Federal Environmental, Energy, and
Transportation Management
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and to strengthen the environmental, energy,
and transportation management of Federal agencies, it
is hereby ordered as follows:
Section 1. Policy. It is the policy of the United
States that Federal agencies conduct their
environmental, transportation, and energy-related
activities under the law in support of their respective
missions in an environmentally, economically and
fiscally sound, integrated, continuously improving,
efficient, and sustainable manner.
Sec. 2. Goals for Agencies. In implementing the policy
set forth in section 1 of this order, the head of each
agency shall:
(a) improve energy efficiency and reduce greenhouse gas
emissions of the agency, through reduction of energy
intensity by (i) 3 percent annually through the end of
fiscal year 2015, or (ii) 30 percent by the end of
fiscal year 2015, relative to the baseline of the
agency's energy use in fiscal year 2003;
(b) ensure that (i) at least half of the statutorily
required renewable energy consumed by the agency in a
fiscal year comes from new renewable sources, and (ii)
to the extent feasible, the agency implements renewable
energy generation projects on agency property for
agency use;
(c) beginning in FY 2008, reduce water consumption
intensity, relative to the baseline of the agency's
water consumption in fiscal year 2007, through life-
cycle cost-effective measures by 2 percent annually
through the end of fiscal year 2015 or 16 percent by
the end of fiscal year 2015;
(d) require in agency acquisitions of goods and
services (i) use of sustainable environmental
practices, including acquisition of biobased,
environmentally preferable, energy-efficient, water-
efficient, and recycled-content products, and (ii) use
of paper of at least 30 percent post-consumer fiber
content;
(e) ensure that the agency (i) reduces the quantity of
toxic and hazardous chemicals and materials acquired,
used, or disposed of by the agency, (ii) increases
diversion of solid waste as appropriate, and (iii)
maintains cost-effective waste prevention and recycling
programs in its facilities;
(f) ensure that (i) new construction and major
renovation of agency buildings comply with the Guiding
Principles for Federal Leadership in High Performance
and Sustainable Buildings set forth in the Federal
Leadership in High Performance and Sustainable
Buildings Memorandum of Understanding (2006), and (ii)
15 percent of the existing Federal capital asset
building inventory of the agency as of the end of
fiscal year 2015 incorporates the sustainable practices
in the Guiding Principles;
(g) ensure that, if the agency operates a fleet of at
least 20 motor vehicles, the agency, relative to agency
baselines for fiscal year 2005, (i) reduces the fleet's
total consumption of petroleum products by 2 percent
annually through the end of fiscal year 2015, (ii)
increases the total fuel consumption that is non-
petroleum-based by 10 percent annually, and (iii) uses
plug-in hybrid (PIH) vehicles when PIH vehicles are
commercially available at
[[Page 3920]]
a cost reasonably comparable, on the basis of life-
cycle cost, to non-PIH vehicles; and
(h) ensure that the agency (i) when acquiring an
electronic product to meet its requirements, meets at
least 95 percent of those requirements with an
Electronic Product Environmental Assessment Tool
(EPEAT)-registered electronic product, unless there is
no EPEAT standard for such product, (ii) enables the
Energy Star feature on agency computers and monitors,
(iii) establishes and implements policies to extend the
useful life of agency electronic equipment, and (iv)
uses environmentally sound practices with respect to
disposition of agency electronic equipment that has
reached the end of its useful life.
Sec. 3. Duties of Heads of Agencies. In implementing
the policy set forth in section 1 of this order, the
head of each agency shall:
(a) implement within the agency sustainable practices
for (i) energy efficiency, greenhouse gas emissions
avoidance or reduction, and petroleum products use
reduction, (ii) renewable energy, including bioenergy,
(iii) water conservation, (iv) acquisition, (v)
pollution and waste prevention and recycling, (vi)
reduction or elimination of acquisition and use of
toxic or hazardous chemicals, (vii) high performance
construction, lease, operation, and maintenance of
buildings, (viii) vehicle fleet management, and (ix)
electronic equipment management;
(b) implement within the agency environmental
management systems (EMS) at all appropriate
organizational levels to ensure (i) use of EMS as the
primary management approach for addressing
environmental aspects of internal agency operations and
activities, including environmental aspects of energy
and transportation functions, (ii) establishment of
agency objectives and targets to ensure implementation
of this order, and (iii) collection, analysis, and
reporting of information to measure performance in the
implementation of this order;
(c) establish within the agency programs for (i)
environmental management training, (ii) environmental
compliance review and audit, and (iii) leadership
awards to recognize outstanding environmental, energy,
or transportation management performance in the agency;
(d) within 30 days after the date of this order (i)
designate a senior civilian officer of the United
States, compensated annually in an amount at or above
the amount payable at level IV of the Executive
Schedule, to be responsible for implementation of this
order within the agency, (ii) report such designation
to the Director of the Office of Management and Budget
and the Chairman of the Council on Environmental
Quality, and (iii) assign the designated official the
authority and duty to (A) monitor and report to the
head of the agency on agency activities to carry out
subsections (a) and (b) of this section, and (B)
perform such other duties relating to the
implementation of this order within the agency as the
head of the agency deems appropriate;
(e) ensure that contracts entered into after the date
of this order for contractor operation of government-
owned facilities or vehicles require the contractor to
comply with the provisions of this order 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;
(f) ensure that agreements, permits, leases, licenses,
or other legally-binding obligations between the agency
and a tenant or concessionaire entered into after the
date of this order require, to the extent the head of
the agency determines appropriate, that the tenant or
concessionaire take actions relating to matters within
the scope of the contract that facilitate the agency's
compliance with this order;
(g) provide reports on agency implementation of this
order to the Chairman of the Council on such schedule
and in such format as the Chairman of the Council may
require; and
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(h) provide information and assistance to the Director
of the Office of Management and Budget, the Chairman of
the Council, and the Federal Environmental Executive.
Sec. 4. Additional Duties of the Chairman of the
Council on Environmental Quality. In implementing the
policy set forth in section 1 of this order, the
Chairman of the Council on Environmental Quality:
(a) (i) shall establish a Steering Committee on
Strengthening Federal Environmental, Energy, and
Transportation Management to advise the Director of the
Office of Management and Budget and the Chairman of the
Council on the performance of their functions under
this order that shall consist exclusively of (A) the
Federal Environmental Executive, who shall chair,
convene and preside at meetings of, determine the
agenda of, and direct the work of, the Steering
Committee, and (B) the senior officials designated
under section 3(d)(i) of this order, and (ii) may
establish subcommittees of the Steering Committee, to
assist the Steering Committee in developing the advice
of the Steering Committee on particular subjects;
(b) may, after consultation with the Director of the
Office of Management and Budget and the Steering
Committee, issue instructions to implement this order,
other than instructions within the authority of the
Director to issue under section 5 of this order; and
(c) shall administer a presidential leadership award
program to recognize exceptional and outstanding
environmental, energy, or transportation management
performance and excellence in agency efforts to
implement this order.
Sec. 5. Duties of the Director of the Office of
Management and Budget. In implementing the policy set
forth in section 1 of this order, the Director of the
Office of Management and Budget shall, after
consultation with the Chairman of the Council and the
Steering Committee, issue instructions to the heads of
agencies concerning:
(a) periodic evaluation of agency implementation of
this order;
(b) budget and appropriations matters relating to
implementation of this order;
(c) implementation of section 2(d) of this order; and
(d) amendments of the Federal Acquisition Regulation as
necessary to implement this order.
Sec. 6. Duties of the Federal Environmental Executive.
A Federal Environmental Executive designated by the
President shall head the Office of the Federal
Environmental Executive, which shall be maintained in
the Environmental Protection Agency for funding and
administrative purposes. In implementing the policy set
forth in section 1 of this order, the Federal
Environmental Executive shall:
(a) monitor, and advise the Chairman of the Council on,
performance by agencies of functions assigned by
sections 2 and 3 of this order;
(b) submit a report to the President, through the
Chairman of the Council, not less often than once every
2 years, on the activities of agencies to implement
this order; and
(c) advise the Chairman of the Council on the
Chairman's exercise of authority granted by subsection
4(c) of this order.
Sec. 7. Limitations. (a) This order shall apply to an
agency with respect to the activities, personnel,
resources, and facilities of the agency that are
located within the United States. The head of an agency
may provide that this order shall apply in whole or in
part with respect to the activities, personnel,
resources, and facilities of the agency that are not
located within the United States, if the head of the
agency determines that such application is in the
interest of the United States.
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(b) The head of an agency shall manage activities,
personnel, resources, and facilities of the agency that
are not located within the United States, and with
respect to which the head of the agency has not made a
determination under subsection (a) of this section, in
a manner consistent with the policy set forth in
section 1 of this order to the extent the head of the
agency determines practicable.
Sec. 8. Exemption Authority. (a) The Director of
National Intelligence may exempt an intelligence
activity of the United States, and related personnel,
resources, and facilities, from the provisions of this
order, other than this subsection and section 10, to
the extent the Director determines necessary to protect
intelligence sources and methods from unauthorized
disclosure.
(b) The head of an agency may exempt law enforcement
activities of that agency, and related personnel,
resources, and facilities, from the provisions of this
order, other than this subsection and section 10, to
the extent the head of an agency determines necessary
to protect undercover operations from unauthorized
disclosure.
(c) (i) The head of an agency may exempt law
enforcement, protective, emergency response, or
military tactical vehicle fleets of that agency from
the provisions of this order, other than this
subsection and section 10.
(ii) Heads of agencies shall manage fleets to which
paragraph (i) of this subsection refers in a manner
consistent with the policy set forth in section 1 of
this order to the extent they determine practicable.
(d) The head of an agency may submit to the President,
through the Chairman of the Council, a request for an
exemption of an agency activity, and related personnel,
resources, and facilities, from this order.
Sec. 9. Definitions. As used in this order:
(a) ``agency'' means an executive agency as defined in
section 105 of title 5, United States Code, excluding
the Government Accountability Office;
(b) ``Chairman of the Council'' means the Chairman of
the Council on Environmental Quality, including in the
Chairman's capacity as Director of the Office of
Environmental Quality;
(c) ``Council'' means the Council on Environmental
Quality;
(d) ``environmental'' means environmental aspects of
internal agency operations and activities, including
those environmental aspects related to energy and
transportation functions;
(e) ``greenhouse gases'' means carbon dioxide, methane,
nitrous oxide, hydrofluorocarbons, perfluorocarbons,
and sulfur hexafluoride;
(f) ``life-cycle cost-effective'' means the life-cycle
costs of a product, project, or measure are estimated
to be equal to or less than the base case (i.e.,
current or standard practice or product);
(g) ``new renewable sources'' means sources of
renewable energy placed into service after January 1,
1999;
(h) ``renewable energy'' means energy produced by
solar, wind, biomass, landfill gas, ocean (including
tidal, wave, current and thermal), geothermal,
municipal solid waste, or new hydroelectric generation
capacity achieved from increased efficiency or
additions of new capacity at an existing hydroelectric
project;
(i) ``energy intensity'' means energy consumption per
square foot of building space, including industrial or
laboratory facilities;
(j) ``Steering Committee'' means the Steering Committee
on Strengthening Federal Environmental, Energy, and
Transportation Management established under subsection
4(b) of this order;
(k) ``sustainable'' means to create and maintain
conditions, under which humans and nature can exist in
productive harmony, that permit fulfilling
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the social, economic, and other requirements of present
and future generations of Americans; and
(l) ``United States'' when used in a geographical
sense, means the fifty states, the District of
Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and
the Northern Mariana Islands, and associated
territorial waters and airspace.
Sec. 10. General Provisions. (a) This order shall be
implemented in a manner consistent with applicable law
and subject to the availability of appropriations.
(b) Nothing in this order shall be construed to impair
or otherwise affect the functions of the Director of
the Office of Management and Budget relating to budget,
administrative, or legislative proposals.
(c) This order is intended only to improve the internal
management of the Federal Government and is not
intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in
equity by a party against the United States, its
departments, agencies, instrumentalities, entities,
officers, employees or agents, or any other person.
Sec. 11. Revocations; Conforming Provisions. (a) The
following are revoked:
(i) Executive Order 13101 of September 14, 1998;
(ii) Executive Order 13123 of June 3, 1999;
(iii) Executive Order 13134 of August 12, 1999, as
amended;
(iv) Executive Order 13148 of April 21, 2000; and
(v) Executive Order 13149 of April 21, 2000.
(b) In light of subsection 317(e) of the National
Defense Authorization Act for Fiscal Year 2002 (Public
Law 107-107), not later than January 1 of each year
through and including 2010, the Secretary of Defense
shall submit to the Senate and the House of
Representatives a report regarding progress made toward
achieving the energy efficiency goals of the Department
of Defense.
(c) Section 3(b)(vi) of Executive Order 13327 of
February 4, 2004, is amended by striking ``Executive
Order 13148 of April 21, 2000'' and inserting in lieu
thereof ``other executive orders''.
(Presidential Sig.)
THE WHITE HOUSE,
January 24, 2007.
[FR Doc. 07-374
Filed 1-25-07; 8:50 am]
Billing code 3195-01-P