[Federal Register Volume 72, Number 17 (Friday, January 26, 2007)]
[Presidential Documents]
[Pages 3919-3923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-374]



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Part II





The President





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Executive Order 13423--Strengthening Federal Environmental, Energy, and 
Transportation Management
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                         Presidential Documents 
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  Federal Register / Vol. 72, No. 17 / Friday, January 26, 2007 / 
Presidential Documents  

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 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