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Ärende: Press Release (0701242) for Wed, 2007 Jan 24
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Executive Order: Strengthening Federal Environmental, Energy, and
Transportation Management
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For Immediate Release
Office of the Press Secretary
January 24, 2007

Executive Order: 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 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.

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