[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]

<R04>
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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