[Weekly Compilation of Presidential Documents Volume 43, Number 4 (Monday, January 29, 2007)]
[Pages 70-74]
[Online from the Government Publishing Office, www.gpo.gov]
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Executive Order 13423--Strengthening Federal Environmental, Energy, and
Transportation Management
January 24, 2007
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 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)
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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
(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
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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.
(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
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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 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''.
George W. Bush
The White House,
January 24, 2007.
[Filed with the Office of the Federal Register, 8:50 a.m., January 25,
2007]
Note: This Executive order was published in the Federal Register on
January 26.
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