[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
Presidential Documents
Federal Register / Vol. 74, No. 194 / Thursday, October 8, 2009 /
Presidential Documents
___________________________________________________________________
Title3--
The President
[[Page 52117]]
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:
[[Page 52121]]
(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
[[Page 52122]]
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
[[Page 52124]]
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