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> Reference
> Executive
Orders > Executive Order 13423

Executive
Orders

Executive Order 13423

Strengthening Federal Environmental, Energy, and Transportation
Management

The President 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 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
(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.
(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
hydro-electric 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

Index
of Executive Orders

Last Reviewed
5/12/2008

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