[Federal Register Volume 74, Number 194 (Thursday, October 8, 2009)]
[Presidential Documents]
[Pages 52117-52127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24518]



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Part VII





The President





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Executive Order 13514--Federal Leadership in Environmental, Energy, and 
Economic Performance
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  Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 / 
Presidential Documents  

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 Title3--
 The President

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                Executive Order 13514 of October 5, 2009

                
Federal Leadership in Environmental, Energy, and 
                Economic Performance

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and to establish an integrated strategy 
                towards sustainability in the Federal Government and to 
                make reduction of greenhouse gas emissions a priority 
                for Federal agencies, it is hereby ordered as follows:

                Section 1. Policy. In order to create a clean energy 
                economy that will increase our Nation's prosperity, 
                promote energy security, protect the interests of 
                taxpayers, and safeguard the health of our environment, 
                the Federal Government must lead by example. It is 
                therefore the policy of the United States that Federal 
                agencies shall increase energy efficiency; measure, 
                report, and reduce their greenhouse gas emissions from 
                direct and indirect activities; conserve and protect 
                water resources through efficiency, reuse, and 
                stormwater management; eliminate waste, recycle, and 
                prevent pollution; leverage agency acquisitions to 
                foster markets for sustainable technologies and 
                environmentally preferable materials, products, and 
                services; design, construct, maintain, and operate high 
                performance sustainable buildings in sustainable 
                locations; strengthen the vitality and livability of 
                the communities in which Federal facilities are 
                located; and inform Federal employees about and involve 
                them in the achievement of these goals.

                It is further the policy of the United States that to 
                achieve these goals and support their respective 
                missions, agencies shall prioritize actions based on a 
                full accounting of both economic and social benefits 
                and costs and shall drive continuous improvement by 
                annually evaluating performance, extending or expanding 
                projects that have net benefits, and reassessing or 
                discontinuing under-performing projects.

                Finally, it is also the policy of the United States 
                that agencies' efforts and outcomes in implementing 
                this order shall be transparent and that agencies shall 
                therefore disclose results associated with the actions 
                taken pursuant to this order on publicly available 
                Federal websites.

                Sec. 2. Goals for Agencies. In implementing the policy 
                set forth in section 1 of this order, and preparing and 
                implementing the Strategic Sustainability Performance 
                Plan called for in section 8 of this order, the head of 
                each agency shall:

(a) within 90 days of the date of this order, establish and report to the 
Chair of the Council on Environmental Quality (CEQ Chair) and the Director 
of the Office of Management and Budget (OMB Director) a percentage 
reduction target for agency-wide reductions of scope 1 and 2 greenhouse gas 
emissions in absolute terms by fiscal year 2020, relative to a fiscal year 
2008 baseline of the agency's scope 1 and 2 greenhouse gas emissions. Where 
appropriate, the target shall exclude direct emissions from excluded 
vehicles and equipment and from electric power produced and sold 
commercially to other parties in the course of regular business. This 
target shall be subject to review and approval by the CEQ Chair in 
consultation with the OMB Director under section 5 of this order. In 
establishing the target, the agency head shall consider reductions 
associated with:

(i) reducing energy intensity in agency buildings;

[[Page 52118]]

(ii) increasing agency use of renewable energy and implementing renewable 
energy generation projects on agency property; and

(iii) reducing the use of fossil fuels by:

(A) using low greenhouse gas emitting vehicles including alternative fuel 
vehicles;

(B) optimizing the number of vehicles in the agency fleet; and

(C) reducing, if the agency operates a fleet of at least 20 motor vehicles, 
the agency fleet's total consumption of petroleum products by a minimum of 
2 percent annually through the end of fiscal year 2020, relative to a 
baseline of fiscal year 2005;

(b) within 240 days of the date of this order and concurrent with 
submission of the Strategic Sustainability Performance Plan as described in 
section 8 of this order, establish and report to the CEQ Chair and the OMB 
Director a percentage reduction target for reducing agency-wide scope 3 
greenhouse gas emissions in absolute terms by fiscal year 2020, relative to 
a fiscal year 2008 baseline of agency scope 3 emissions. This target shall 
be subject to review and approval by the CEQ Chair in consultation with the 
OMB Director under section 5 of this order. In establishing the target, the 
agency head shall consider reductions associated with:

(i) pursuing opportunities with vendors and contractors to address and 
incorporate incentives to reduce greenhouse gas emissions (such as changes 
to manufacturing, utility or delivery services, modes of transportation 
used, or other changes in supply chain activities);

(ii) implementing strategies and accommodations for transit, travel, 
training, and conferencing that actively support lower-carbon commuting and 
travel by agency staff;

(iii) greenhouse gas emission reductions associated with pursuing other 
relevant goals in this section; and

(iv) developing and implementing innovative policies and practices to 
address scope 3 greenhouse gas emissions unique to agency operations;

(c) establish and report to the CEQ Chair and OMB Director a comprehensive 
inventory of absolute greenhouse gas emissions, including scope 1, scope 2, 
and specified scope 3 emissions (i) within 15 months of the date of this 
order for fiscal year 2010, and (ii) thereafter, annually at the end of 
January, for the preceding fiscal year.

(d) improve water use efficiency and management by:

(i) reducing potable water consumption intensity by 2 percent annually 
through fiscal year 2020, or 26 percent by the end of fiscal year 2020, 
relative to a baseline of the agency's water consumption in fiscal year 
2007, by implementing water management strategies including water-efficient 
and low-flow fixtures and efficient cooling towers;

(ii) reducing agency industrial, landscaping, and agricultural water 
consumption by 2 percent annually or 20 percent by the end of fiscal year 
2020 relative to a baseline of the agency's industrial, landscaping, and 
agricultural water consumption in fiscal year 2010;

(iii) consistent with State law, identifying, promoting, and implementing 
water reuse strategies that reduce potable water consumption; and

(iv) implementing and achieving the objectives identified in the stormwater 
management guidance referenced in section 14 of this order;

(e) promote pollution prevention and eliminate waste by:

(i) minimizing the generation of waste and pollutants through source 
reduction;

(ii) diverting at least 50 percent of non-hazardous solid waste, excluding 
construction and demolition debris, by the end of fiscal year 2015;

(iii) diverting at least 50 percent of construction and demolition 
materials and debris by the end of fiscal year 2015;

(iv) reducing printing paper use and acquiring uncoated printing and 
writing paper containing at least 30 percent postconsumer fiber;

[[Page 52119]]

(v) reducing and minimizing the quantity of toxic and hazardous chemicals 
and materials acquired, used, or disposed of;

(vi) increasing diversion of compostable and organic material from the 
waste stream;

(vii) implementing integrated pest management and other appropriate 
landscape management practices;

(viii) increasing agency use of acceptable alternative chemicals and 
processes in keeping with the agency's procurement policies;

(ix) decreasing agency use of chemicals where such decrease will assist the 
agency in achieving greenhouse gas emission reduction targets under section 
2(a) and (b) of this order; and

(x) reporting in accordance with the requirements of sections 301 through 
313 of the Emergency Planning and Community Right-to-Know Act of 1986 (42 
U.S.C. 11001 et seq.);

(f) advance regional and local integrated planning by:

(i) participating in regional transportation planning and recognizing 
existing community transportation infrastructure;

(ii) aligning Federal policies to increase the effectiveness of local 
planning for energy choices such as locally generated renewable energy;

(iii) ensuring that planning for new Federal facilities or new leases 
includes consideration of sites that are pedestrian friendly, near existing 
employment centers, and accessible to public transit, and emphasizes 
existing central cities and, in rural communities, existing or planned town 
centers;

(iv) identifying and analyzing impacts from energy usage and alternative 
energy sources in all Environmental Impact Statements and Environmental 
Assessments for proposals for new or expanded Federal facilities under the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et 
seq.); and

(v) coordinating with regional programs for Federal, State, tribal, and 
local ecosystem, watershed, and environmental management;

(g) implement high performance sustainable Federal building design, 
construction, operation and management, maintenance, and deconstruction 
including by:

(i) beginning in 2020 and thereafter, ensuring that all new Federal 
buildings that enter the planning process are designed to achieve zero-net-
energy by 2030;

(ii) ensuring that all new construction, major renovation, or repair and 
alteration of Federal buildings complies with the Guiding Principles for 
Federal Leadership in High Performance and Sustainable Buildings, (Guiding 
Principles);

(iii) ensuring that at least 15 percent of the agency's existing buildings 
(above 5,000 gross square feet) and building leases (above 5,000 gross 
square feet) meet the Guiding Principles by fiscal year 2015 and that the 
agency makes annual progress toward 100-percent conformance with the 
Guiding Principles for its building inventory;

(iv) pursuing cost-effective, innovative strategies, such as highly 
reflective and vegetated roofs, to minimize consumption of energy, water, 
and materials;

(v) managing existing building systems to reduce the consumption of energy, 
water, and materials, and identifying alternatives to renovation that 
reduce existing assets' deferred maintenance costs;

(vi) when adding assets to the agency's real property inventory, 
identifying opportunities to consolidate and dispose of existing assets, 
optimize the performance of the agency's real-property portfolio, and 
reduce associated environmental impacts; and

(vii) ensuring that rehabilitation of federally owned historic buildings 
utilizes best practices and technologies in retrofitting to promote long-
term viability of the buildings;

(h) advance sustainable acquisition to ensure that 95 percent of new 
contract actions including task and delivery orders, for products and 
services with the exception of acquisition of weapon systems, are energy-

[[Page 52120]]

efficient (Energy Star or Federal Energy Management Program (FEMP) 
designated), water-efficient, biobased, environmentally preferable (e.g., 
Electronic Product Environmental Assessment Tool (EPEAT) certified), non-
ozone depleting, contain recycled content, or are non-toxic or less-toxic 
alternatives, where such products and services meet agency performance 
requirements;

(i) promote electronics stewardship, in particular by:

(i) ensuring procurement preference for EPEAT-registered electronic 
products;

(ii) establishing and implementing policies to enable power management, 
duplex printing, and other energy-efficient or environmentally preferable 
features on all eligible agency electronic products;

(iii) employing environmentally sound practices with respect to the 
agency's disposition of all agency excess or surplus electronic products;

(iv) ensuring the procurement of Energy Star and FEMP designated electronic 
equipment;

(v) implementing best management practices for energy-efficient management 
of servers and Federal data centers; and

(j) sustain environmental management, including by:

(i) continuing implementation of formal environmental management systems at 
all appropriate organizational levels; and

(ii) ensuring these formal systems are appropriately implemented and 
maintained to achieve the performance necessary to meet the goals of this 
order.

                Sec. 3. Steering Committee on Federal Sustainability. 
                The OMB Director and the CEQ Chair shall:

(a) establish an interagency Steering Committee (Steering Committee) on 
Federal Sustainability composed of the Federal Environmental Executive, 
designated under section 6 of Executive Order 13423 of January 24, 2007, 
and Agency Senior Sustainability Officers, designated under section 7 of 
this order, and that shall:

(i) serve in the dual capacity of the Steering Committee on Strengthening 
FederalEnvironmental, Energy, and Transportation Management designated by 
the CEQ Chair pursuant to section 4 of Executive Order 13423;

(ii) advise the OMB Director and the CEQ Chair on implementation of this 
order;

(iii) facilitate the implementation of each agency's Strategic 
Sustainability Performance Plan; and

(iv) share information and promote progress towards the goals of this 
order;

(b) enlist the support of other organizations within the Federal Government 
to assist the Steering Committee in addressing the goals of this order;

(c) establish and disband, as appropriate, interagency subcommittees of the 
Steering Committee, to assist the Steering Committee in carrying out its 
responsibilities;

(d) determine appropriate Federal actions to achieve the policy of section 
1 and the goals of section 2 of this order;

(e) ensure that Federal agencies are held accountable for conformance with 
the requirements of this order; and

(f) in coordination with the Department of Energy's Federal Energy 
Management Program and the Office of the Federal Environmental Executive 
designated under section 6 of Executive Order 13423, provide guidance and 
assistance to facilitate the development of agency targets for greenhouse 
gas emission reductions required under subsections 2(a) and (b) of this 
order.

                Sec. 4. Additional Duties of the Director of the Office 
                of Management and Budget. In addition to the duties of 
                the OMB Director specified elsewhere in this order, the 
                OMB Director shall:

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(a) review and approve each agency's multi-year Strategic Sustainability 
Performance Plan under section 8 of this order and each update of the Plan. 
The Director shall, where feasible, review each agency's Plan concurrently 
with OMB's review and evaluation of the agency's budget request;

(b) prepare scorecards providing periodic evaluation of Federal agency 
performance in implementing this order and publish scorecard results on a 
publicly available website; and

(c) approve and issue instructions to the heads of agencies concerning 
budget and appropriations matters relating to implementation of this order.

                Sec. 5. Additional Duties of the Chair of the Council 
                on Environmental Quality. In addition to the duties of 
                the CEQ Chair specified elsewhere in this order, the 
                CEQ Chair shall:

(a) issue guidance for greenhouse gas accounting and reporting required 
under section 2 of this order;

(b) issue instructions to implement this order, in addition to instructions 
within the authority of the OMB Director to issue under subsection 4(c) of 
this order;

(c) review and approve each agency's targets, in consultation with the OMB 
Director, for agency-wide reductions of greenhouse gas emissions under 
section 2 of this order;

(d) prepare, in coordination with the OMB Director, streamlined reporting 
metrics to determine each agency's progress under section 2 of this order;

(e) review and evaluate each agency's multi-year Strategic Sustainability 
Performance Plan under section 8 of this order and each update of the Plan;

(f) assess agency progress toward achieving the goals and policies of this 
order, and provide its assessment of the agency's progress to the OMB 
Director;

(g) within 120 days of the date of this order, provide the President with 
an aggregate Federal Government-wide target for reducing scope 1 and 2 
greenhouse gas emissions in absolute terms by fiscal year 2020 relative to 
a fiscal year 2008 baseline;

(h) within 270 days of the date of this order, provide the President with 
an aggregate Federal Government-wide target for reducing scope 3 greenhouse 
gas emissions in absolute terms by fiscal year 2020 relative to a fiscal 
year 2008 baseline;

(i) establish and disband, as appropriate, interagency working groups to 
provide recommendations to the CEQ for areas of Federal agency operational 
and managerial improvement associated with the goals of this order; and

(j) administer the Presidential leadership awards program, established 
under subsection 4(c) of Executive Order 13423, to recognize exceptional 
and outstanding agency performance with respect to achieving the goals of 
this order and to recognize extraordinary innovation, technologies, and 
practices employed to achieve the goals of this order.

                Sec. 6. Duties of the Federal Environmental Executive. 
                The Federal Environmental Executive designated by the 
                President to head the Office of the Federal 
                Environmental Executive, pursuant to section 6 of 
                Executive Order 13423, shall:

(a) identify strategies and tools to assist Federal implementation efforts 
under this order, including through the sharing of best practices from 
successful Federal sustainability efforts; and

(b) monitor and advise the CEQ Chair and the OMB Director on the agencies' 
implementation of this order and their progress in achieving the order's 
policies and goals.

                Sec. 7. Agency Senior Sustainability Officers. (a) 
                Within 30 days of the date of this order, the head of 
                each agency shall designate from among

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                the agency's senior management officials a Senior 
                Sustainability Officer who shall be accountable for 
                agency conformance with the requirements of this order; 
                and shall report such designation to the OMB Director 
                and the CEQ Chair.

(b) The Senior Sustainability Officer for each agency shall perform the 
functions of the senior agency official designated by the head of each 
agency pursuant to section 3(d)(i) of Executive Order 13423 and shall be 
responsible for:

(i) preparing the targets for agency-wide reductions and the inventory of 
greenhouse gas emissions required under subsections 2(a), (b), and (c) of 
this order;

(ii) within 240 days of the date of this order, and annually thereafter, 
preparing and submitting to the CEQ Chair and the OMB Director, for their 
review and approval, a multi-year Strategic Sustainability Performance Plan 
(Sustainability Plan or Plan) as described in section 8 of this order;

(iii) preparing and implementing the approved Plan in coordination with 
appropriate offices and organizations within the agency including the 
General Counsel, Chief Information Officer, Chief Acquisition Officer, 
Chief Financial Officer, and Senior Real Property Officers, and in 
coordination with other agency plans, policies, and activities;

(iv) monitoring the agency's performance and progress in implementing the 
Plan, and reporting the performance and progress to the CEQ Chair and the 
OMB Director, on such schedule and in such format as the Chair and the 
Director may require; and

(v) reporting annually to the head of the agency on the adequacy and 
effectiveness of the agency's Plan in implementing this order.

                Sec. 8. Agency Strategic Sustainability Performance 
                Plan.  Each agency shall develop, implement, and 
                annually update an integrated Strategic Sustainability 
                Performance Plan that will prioritize agency actions 
                based on lifecycle return on investment. Each agency 
                Plan and update shall be subject to approval by the OMB 
                Director under section 4 of this order. With respect to 
                the period beginning in fiscal year 2011 and continuing 
                through the end of fiscal year 2021, each agency Plan 
                shall:

(a) include a policy statement committing the agency to compliance with 
environmental and energy statutes, regulations, and Executive Orders;

(b) achieve the sustainability goals and targets, including greenhouse gas 
reduction targets, established under section 2 of this order;

(c) be integrated into the agency's strategic planning and budget process, 
including the agency's strategic plan under section 3 of the Government 
Performance and Results Act of 1993, as amended (5 U.S.C. 306);

(d) identify agency activities, policies, plans, procedures, and practices 
that are relevant to the agency's implementation of this order, and where 
necessary, provide for development and implementation of new or revised 
policies, plans, procedures, and practices;

(e) identify specific agency goals, a schedule, milestones, and approaches 
for achieving results, and quantifiable metrics for agency implementation 
of this order;

(f) take into consideration environmental measures as well as economic and 
social benefits and costs in evaluating projects and activities based on 
lifecycle return on investment;

(g) outline planned actions to provide information about agency progress 
and performance with respect to achieving the goals of this order on a 
publicly available Federal website;

(h) incorporate actions for achieving progress metrics identified by the 
OMB Director and the CEQ Chair;

(i) evaluate agency climate-change risks and vulnerabilities to manage the 
effects of climate change on the agency's operations and mission in both 
the short and long term; and

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(j) identify in annual updates opportunities for improvement and evaluation 
of past performance in order to extend or expand projects that have net 
lifecycle benefits, and reassess or discontinue under-performing projects.

                Sec. 9. Recommendations for Greenhouse Gas Accounting 
                and Reporting. The Department of Energy, through its 
                Federal Energy Management Program, and in coordination 
                with the Environmental Protection Agency, the 
                Department of Defense, the General Services 
                Administration, the Department of the Interior, the 
                Department of Commerce, and other agencies as 
                appropriate, shall:

(a) within 180 days of the date of this order develop and provide to the 
CEQ Chair recommended Federal greenhouse gas reporting and accounting 
procedures for agencies to use in carrying out their obligations under 
subsections 2(a), (b), and (c) of this order, including procedures that 
will ensure that agencies:

(i) accurately and consistently quantify and account for greenhouse gas 
emissions from all scope 1, 2, and 3 sources, using accepted greenhouse gas 
accounting and reporting principles, and identify appropriate opportunities 
to revise the fiscal year 2008 baseline to address significant changes in 
factors affecting agency emissions such as reorganization and improvements 
in accuracy of data collection and estimation procedures or other major 
changes that would otherwise render the initial baseline information 
unsuitable;

(ii) consider past Federal agency efforts to reduce greenhouse gas 
emissions; and

(iii) consider and account for sequestration and emissions of greenhouse 
gases resulting from Federal land management practices;

(b) within 1 year of the date of this order, to ensure consistent and 
accurate reporting under this section, provide electronic accounting and 
reporting capability for the Federal greenhouse gas reporting procedures 
developed under subsection (a) of this section, and to the extent 
practicable, ensure compatibility between this capability and existing 
Federal agency reporting systems; and

(c) every 3 years from the date of the CEQ Chair's issuance of the initial 
version of the reporting guidance, and as otherwise necessary, develop and 
provide recommendations to the CEQ Chair for revised Federal greenhouse gas 
reporting procedures for agencies to use in implementing subsections 2(a), 
(b), and (c) of this order.

                Sec. 10. Recommendations for Sustainable Locations for 
                Federal Facilities. Within 180 days of the date of this 
                order, the Department of Transportation, in accordance 
                with its Sustainable Partnership Agreement with the 
                Department of Housing and Urban Development and the 
                Environmental Protection Agency, and in coordination 
                with the General Services Administration, the 
                Department of Homeland Security, the Department of 
                Defense, and other agencies as appropriate, shall:

(a) review existing policies and practices associated with site selection 
for Federal facilities; and

(b) provide recommendations to the CEQ Chair regarding sustainable location 
strategies for consideration in Sustainability Plans. The recommendations 
shall be consistent with principles of sustainable development including 
prioritizing central business district and rural town center locations, 
prioritizing sites well served by transit, including site design elements 
that ensure safe and convenient pedestrian access, consideration of transit 
access and proximity to housing affordable to a wide range of Federal 
employees, adaptive reuse or renovation of buildings, avoidance of 
development of sensitive land resources, and evaluation of parking 
management strategies.

                Sec. 11. Recommendations for Federal Local 
                Transportation Logistics. Within 180 days of the date 
                of this order, the General Services Administration, in 
                coordination with the Department of Transportation, the 
                Department of

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                the Treasury, the Department of Energy, the Office of 
                Personnel Management, and other agencies as 
                appropriate, shall review current policies and 
                practices associated with use of public transportation 
                by Federal personnel, Federal shuttle bus and vehicle 
                transportation routes supported by multiple Federal 
                agencies, and use of alternative fuel vehicles in 
                Federal shuttle bus fleets, and shall provide 
                recommendations to the CEQ Chair on how these policies 
                and practices could be revised to support the 
                implementation of this order and the achievement of its 
                policies and goals.

                Sec. 12. Guidance for Federal Fleet Management. Within 
                180 days of the date of this order, the Department of 
                Energy, in coordination with the General Services 
                Administration, shall issue guidance on Federal fleet 
                management that addresses the acquisition of 
                alternative fuel vehicles and use of alternative fuels; 
                the use of biodiesel blends in diesel vehicles; the 
                acquisition of electric vehicles for appropriate 
                functions; improvement of fleet fuel economy; the 
                optimizing of fleets to the agency mission; petroleum 
                reduction strategies, such as the acquisition of low 
                greenhouse gas emitting vehicles and the reduction of 
                vehicle miles traveled; and the installation of 
                renewable fuel pumps at Federal fleet fueling centers.

                Sec. 13. Recommendations for Vendor and Contractor 
                Emissions. Within 180 days of the date of this order, 
                the General Services Administration, in coordination 
                with the Department of Defense, the Environmental 
                Protection Agency, and other agencies as appropriate, 
                shall review and provide recommendations to the CEQ 
                Chair and the Administrator of OMB's Office of Federal 
                Procurement Policy regarding the feasibility of working 
                with the Federal vendor and contractor community to 
                provide information that will assist Federal agencies 
                in tracking and reducing scope 3 greenhouse gas 
                emissions related to the supply of products and 
                services to the Government. These recommendations 
                should consider the potential impacts on the 
                procurement process, and the Federal vendor and 
                contractor community including small businesses and 
                other socioeconomic procurement programs. 
                Recommendations should also explore the feasibility of:

(a) requiring vendors and contractors to register with a voluntary registry 
or organization for reporting greenhouse gas emissions;

(b) requiring contractors, as part of a new or revised registration under 
the Central Contractor Registration or other tracking system, to develop 
and make available its greenhouse gas inventory and description of efforts 
to mitigate greenhouse gas emissions;

(c) using Federal Government purchasing preferences or other incentives for 
products manufactured using processes that minimize greenhouse gas 
emissions; and

(d) other options for encouraging sustainable practices and reducing 
greenhouse gas emissions.

                Sec. 14. Stormwater Guidance for Federal Facilities. 
                Within 60 days of the date of this order, the 
                Environmental Protection Agency, in coordination with 
                other Federal agencies as appropriate, shall issue 
                guidance on the implementation of section 438 of the 
                Energy Independence and Security Act of 2007 (42 U.S.C. 
                17094).

                Sec. 15. Regional Coordination. Within 180 days of the 
                date of this order, the Federal Environmental Executive 
                shall develop and implement a regional implementation 
                plan to support the goals of this order taking into 
                account energy and environmental priorities of 
                particular regions of the United States.

                Sec. 16. Agency Roles in Support of Federal Adaptation 
                Strategy. In addition to other roles and 
                responsibilities of agencies with respect to 
                environmental leadership as specified in this order, 
                the agencies shall participate actively in the 
                interagency Climate Change Adaptation Task Force, which 
                is already engaged in developing the domestic and 
                international dimensions of a U.S. strategy for 
                adaptation to climate change, and shall develop 
                approaches through which the policies and practices of 
                the agencies can be made compatible with and reinforce 
                that strategy. Within 1 year of the date of

[[Page 52125]]

                this order the CEQ Chair shall provide to the 
                President, following consultation with the agencies and 
                the Climate Change Adaptation Task Force, as 
                appropriate, a progress report on agency actions in 
                support of the national adaptation strategy and 
                recommendations for any further such measures as the 
                CEQ Chair may deem necessary.

                Sec. 17. 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.

(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. 18. 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 20, 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 20, 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 20.

(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 exempt particular agency activities and 
facilities from the provisions of this order, other than this subsection 
and section 20, where it is in the interest of national security. If the 
head of an agency issues an exemption under this section, the agency must 
notify the CEQ Chair in writing within 30 days of issuance of the exemption 
under this subsection. To the maximum extent practicable, and without 
compromising national security, each agency shall strive to comply with the 
purposes, goals, and implementation steps in this order.

(e) The head of an agency may submit to the President, through the CEQ 
Chair, a request for an exemption of an agency activity, and related 
personnel, resources, and facilities, from this order.

                Sec. 19. Definitions. As used in this order:

(a) ``absolute greenhouse gas emissions'' means total greenhouse gas 
emissions without normalization for activity levels and includes any 
allowable consideration of sequestration;

(b) ``agency'' means an executive agency as defined in section 105 of title 
5, United States Code, excluding the Government Accountability Office;

(c) ``alternative fuel vehicle'' means vehicles defined by section 301 of 
the Energy Policy Act of 1992, as amended (42 U.S.C. 13211), and otherwise 
includes electric fueled vehicles, hybrid electric vehicles, plug-in hybrid 
electric vehicles, dedicated alternative fuel vehicles, dual fueled 
alternative

[[Page 52126]]

fuel vehicles, qualified fuel cell motor vehicles, advanced lean burn 
technology motor vehicles, self-propelled vehicles such as bicycles and any 
other alternative fuel vehicles that are defined by statute;

(d) ``construction and demolition materials and debris'' means materials 
and debris generated during construction, renovation, demolition, or 
dismantling of all structures and buildings and associated infrastructure;

(e) ``divert'' and ``diverting'' means redirecting materials that might 
otherwise be placed in the waste stream to recycling or recovery, excluding 
diversion to waste-to-energy facilities;

(f) ``energy intensity'' means energy consumption per square foot of 
building space, including industrial or laboratory facilities;

(g) ``environmental'' means environmental aspects of internal agency 
operations and activities, including those aspects related to energy and 
transportation functions;

(h) ``excluded vehicles and equipment'' means any vehicle, vessel, 
aircraft, or non-road equipment owned or operated by an agency of the 
Federal Government that is used in:

(i) combat support, combat service support, tactical or relief operations, 
or training for such operations;

(ii) Federal law enforcement (including protective service and 
investigation);

(iii) emergency response (including fire and rescue); or

(iv) spaceflight vehicles (including associated ground-support equipment);

(i) ``greenhouse gases'' means carbon dioxide, methane, nitrous oxide, 
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride;

(j) ``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;

(k) ``scope 1, 2, and 3'' mean;

(i) scope 1: direct greenhouse gas emissions from sources that are owned or 
controlled by the Federal agency;

(ii) scope 2: direct greenhouse gas emissions resulting from the generation 
of electricity, heat, or steam purchased by a Federal agency; and

(iii) scope 3: greenhouse gas emissions from sources not owned or directly 
controlled by a Federal agency but related to agency activities such as 
vendor supply chains, delivery services, and employee travel and commuting;

(l) ``sustainability'' and ``sustainable'' mean to create and maintain 
conditions, under which humans and nature can exist in productive harmony, 
that permit fulfilling the social, economic, and other requirements of 
present and future generations;

(m) ``United States'' 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;

(n) ``water consumption intensity'' means water consumption per square foot 
of building space; and

(o) ``zero-net-energy building'' means a building that is designed, 
constructed, and operated to require a greatly reduced quantity of energy 
to operate, meet the balance of energy needs from sources of energy that do 
not produce greenhouse gases, and therefore result in no net emissions of 
greenhouse gases and be economically viable.

                Sec. 20. General Provisions.

[[Page 52127]]

(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 OMB Director relating to budgetary, 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 
any party against the United States, its departments, agencies, or 
entities, its officers, employees, or agents, or any other person. 


                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, October 5, 2009.

[FR Doc. E9-24518
Filed 10-7-09; 12:30 pm]
Billing Code 3195-W9-P