80_FR_15928 80 FR 15871 - Planning for Federal Sustainability in the Next Decade

80 FR 15871 - Planning for Federal Sustainability in the Next Decade

Executive Office of the President

Federal Register Volume 80, Issue 57 (March 25, 2015)

Page Range15871-15884
FR Document2015-07016

Federal Register, Volume 80 Issue 57 (Wednesday, March 25, 2015)
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Presidential Documents]
[Pages 15871-15884]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07016]



[[Page 15869]]

Vol. 80

Wednesday,

No. 57

March 25, 2015

Part II





The President





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Executive Order 13693--Planning for Federal Sustainability in the Next 
Decade


                        Presidential Documents 



Federal Register / Vol. 80 , No. 57 / Wednesday, March 25, 2015 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 15871]]

                Executive Order 13693 of March 19, 2015

                
Planning for Federal Sustainability in the Next 
                Decade

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to maintain Federal leadership in 
                sustainability and greenhouse gas emission reductions, 
                it is hereby ordered as follows:

                Section 1. Policy. Executive departments and agencies 
                (agencies) have been among our Nation's leaders as the 
                United States works to build a clean energy economy 
                that will sustain our prosperity and the health of our 
                people and our environment for generations to come. 
                Federal leadership in energy, environmental water, 
                fleet, buildings, and acquisition management will 
                continue to drive national greenhouse gas reductions 
                and support preparations for the impacts of climate 
                change. Through a combination of more efficient Federal 
                operations such as those outlined in this Executive 
                Order (order), we have the opportunity to reduce agency 
                direct greenhouse gas emissions by at least 40 percent 
                over the next decade while at the same time fostering 
                innovation, reducing spending, and strengthening the 
                communities in which our Federal facilities operate.

                It therefore continues to be the policy of the United 
                States that agencies shall increase efficiency and 
                improve their environmental performance. Improved 
                environmental performance will help us protect our 
                planet for future generations and save taxpayer dollars 
                through avoided energy costs and increased efficiency, 
                while also making Federal facilities more resilient. To 
                improve environmental performance and Federal 
                sustainability, priority should first be placed on 
                reducing energy use and cost, then on finding renewable 
                or alternative energy solutions. Pursuing clean sources 
                of energy will improve energy and water security, while 
                ensuring that Federal facilities will continue to meet 
                mission requirements and lead by example. Employing 
                this strategy for the next decade calls for expanded 
                and updated Federal environmental performance goals 
                with a clear overarching objective of reducing 
                greenhouse gas emissions across Federal operations and 
                the Federal supply chain.

                Sec. 2. Agency Greenhouse Gas Emission Reductions. In 
                implementing the policy set forth in section 1 of this 
                order, the head of each agency shall, within 90 days of 
                the date of this order, propose to the Chair of the 
                Council on Environmental Quality (CEQ) and the Director 
                of the Office of Management and Budget (OMB) percentage 
                reduction targets for agency-wide reductions of scope 1 
                and 2 and scope 3 greenhouse gas emissions in absolute 
                terms by the end of fiscal year 2025 relative to a 
                fiscal year 2008 baseline. Where appropriate, the 
                target shall exclude direct emissions from excluded 
                vehicles and equipment and from electric power produced 
                and sold commercially to other parties as the primary 
                business of the agency. The proposed targets shall be 
                subject to the review and approval of the Chair of CEQ 
                in coordination with the Director of OMB under section 
                4(b) of this order.

                Sec. 3. Sustainability Goals for Agencies. In 
                implementing the policy set forth in section 1 of this 
                order and to achieve the goals of section 2 of this 
                order, the head of each agency shall, where life-cycle 
                cost-effective, beginning in fiscal year 2016, unless 
                otherwise specified:

                    (a) promote building energy conservation, 
                efficiency, and management by:

[[Page 15872]]

(i) reducing agency building energy intensity measured in British thermal 
units per gross square foot by 2.5 percent annually through the end of 
fiscal year 2025, relative to the baseline of the agency's building energy 
use in fiscal year 2015 and taking into account agency progress to date, 
except where revised pursuant to section 9(f) of this order, by 
implementing efficiency measures based on and using practices such as:

(A) using remote building energy performance assessment auditing 
technology;

(B) participating in demand management programs;

(C) ensuring that monthly performance data is entered into the 
Environmental Protection Agency (EPA) ENERGY STAR Portfolio Manager for 
covered buildings;

(D) incorporating, where feasible, the consensus-based, industry standard 
Green Button data access system into reporting, data analytics, and 
automation processes;

(E) implementing space utilization and optimization practices and policies;

(F) identifying opportunities to transition test-bed technologies to 
achieve the goals of this section; and

(G) conforming, where feasible, to city energy performance benchmarking and 
reporting requirements; and

(ii) improving data center energy efficiency at agency facilities by:

(A) ensuring the agency chief information officer promotes data center 
energy optimization, efficiency, and performance;

(B) installing and monitoring advanced energy meters in all data centers by 
fiscal year 2018; and

(C) establishing a power usage effectiveness target of 1.2 to 1.4 for new 
data centers and less than 1.5 for existing data centers;

                    (b) ensure that at a minimum, the following 
                percentage of the total amount of building electric 
                energy and thermal energy shall be clean energy, 
                accounted for by renewable electric energy and 
                alternative energy:

(i) not less than 10 percent in fiscal years 2016 and 2017;

(ii) not less than 13 percent in fiscal years 2018 and 2019;

(iii) not less than 16 percent in fiscal years 2020 and 2021;

(iv) not less than 20 percent in fiscal years 2022 and 2023; and

(v) not less than 25 percent by fiscal year 2025 and each year thereafter;

                    (c) ensure that the percentage of the total amount 
                of building electric energy consumed by the agency that 
                is renewable electric energy is:

(i) not less than 10 percent in fiscal years 2016 and 2017;

(ii) not less than 15 percent in fiscal years 2018 and 2019;

(iii) not less than 20 percent in fiscal years 2020 and 2021;

(iv) not less than 25 percent in fiscal years 2022 and 2023; and

(v) not less than 30 percent by fiscal year 2025 and each year thereafter;

                    (d) include in the renewable electric energy 
                portion of the clean energy target established in 
                subsection (b) of this section renewable electric 
                energy as defined in section 19(v) of this order and 
                associated with the following actions, which are listed 
                in order of priority:

(i) installing agency-funded renewable energy on site at Federal facilities 
and retaining corresponding renewable energy certificates (RECs) or 
obtaining equal value replacement RECs;

(ii) contracting for the purchase of energy that includes the installation 
of renewable energy on site at a Federal facility or off site from a 
Federal facility and the retention of corresponding RECs or obtaining equal 
value replacement RECs for the term of the contract;

[[Page 15873]]

(iii) purchasing electricity and corresponding RECs or obtaining equal 
value replacement RECs; and

(iv) purchasing RECs;

                    (e) include in the alternative energy portion of 
                the clean energy target established in subsection (b) 
                of this section alternative energy as defined in 
                section 19(c) of this order and associated with the 
                following actions, where feasible:

(i) installing thermal renewable energy on site at Federal facilities and 
retaining corresponding renewable attributes or obtaining equal value 
replacement RECs where applicable;

(ii) installing combined heat and power processes on site at Federal 
facilities;

(iii) installing fuel cell energy systems on site at Federal facilities;

(iv) utilizing energy from new small modular nuclear reactor technologies;

(v) utilizing energy from a new project that includes the active capture 
and storage of carbon dioxide emissions associated with energy generation;

(vi) implementing other alternative energy approaches that advance the 
policy set forth in section 1 and achieve the goals of section 2 of this 
order and are in accord with any sustainability, environmental performance, 
and other instructions or guidance established pursuant to sections 4(e) 
and 5(a) of this order; and

(vii) including in the Department of Defense (DOD) accounting for 
alternative energy for this subsection, fulfillment of the requirements for 
DOD goals established under section 2852 of the National Defense 
Authorization Act for Fiscal Year 2007 as amended by section 2842 of the 
National Defense Authorization Act for Fiscal Year 2010;

                    (f) improve agency water use efficiency and 
                management, including stormwater management by:

(i) reducing agency potable water consumption intensity measured in gallons 
per gross square foot by 36 percent by fiscal year 2025 through reductions 
of 2 percent annually through fiscal year 2025 relative to a baseline of 
the agency's water consumption in fiscal year 2007;

(ii) installing water meters and collecting and utilizing building and 
facility water balance data to improve water conservation and management;

(iii) reducing agency industrial, landscaping, and agricultural (ILA) water 
consumption measured in gallons by 2 percent annually through fiscal year 
2025 relative to a baseline of the agency's ILA water consumption in fiscal 
year 2010; and

(iv) installing appropriate green infrastructure features on federally 
owned property to help with stormwater and wastewater management;

                    (g) if the agency operates a fleet of at least 20 
                motor vehicles, improve agency fleet and vehicle 
                efficiency and management by:

(i) determining, as part of the planning requirements of section 14 of this 
order, the optimum fleet inventory with emphasis placed on eliminating 
unnecessary or non-essential vehicles from the agency's fleet inventory;

(ii) taking actions that reduce fleet-wide per-mile greenhouse gas 
emissions from agency fleet vehicles, relative to a baseline of emissions 
in fiscal year 2014, to achieve the following percentage reductions:

(A) not less than 4 percent by the end of fiscal year 2017;

(B) not less than 15 percent by the end of fiscal year 2021; and

(C) not less than 30 percent by the end of fiscal year 2025;

(iii) collecting and utilizing as a fleet efficiency management tool, as 
soon as practicable but not later than 2 years after the date of this 
order, agency fleet operational data through deployment of vehicle 
telematics

[[Page 15874]]

at a vehicle asset level for all new passenger and light duty vehicle 
acquisitions and for medium duty vehicles where appropriate;

(iv) ensuring that agency annual asset-level fleet data is properly and 
accurately accounted for in a formal agency Fleet Management System and any 
relevant data is submitted to the Federal Automotive Statistical Tool 
reporting database, the Federal Motor Vehicle Registration System, and the 
Fleet Sustainability Dashboard (FleetDASH) system;

(v) planning for agency fleet composition such that by December 31, 2020, 
zero emission vehicles or plug-in hybrid vehicles account for 20 percent of 
all new agency passenger vehicle acquisitions and by December 31, 2025, 
zero emission vehicles or plug-in hybrid vehicles account for 50 percent of 
all new agency passenger vehicles and including, where practicable, 
acquisition of such vehicles in other vehicle classes and counting double 
credit towards the targets in this section for such acquisitions; and

(vi) planning for appropriate charging or refueling infrastructure or other 
power storage technologies for zero emission vehicles or plug-in hybrid 
vehicles and opportunities for ancillary services to support vehicle-to-
grid technology;

                    (h) improve building efficiency, performance, and 
                management by:

(i) ensuring, beginning in fiscal year 2020 and thereafter, that all new 
construction of Federal buildings greater than 5,000 gross square feet that 
enters the planning process is designed to achieve energy net-zero and, 
where feasible, water or waste net-zero by fiscal year 2030;

(ii) identifying, beginning in June of 2016, as part of the planning 
requirements of section 14 of this order, a percentage of at least 15 
percent, by number or total square footage, of the agency's existing 
buildings above 5,000 gross square feet that will, by fiscal year 2025, 
comply with the revised Guiding Principles for Federal Leadership in High 
Performance and Sustainable Buildings (Guiding Principles), developed 
pursuant to section 4 of this order, and making annual progress toward 100 
percent conformance with the Guiding Principles for its building inventory;

(iii) identifying, as part of the planning requirements of section 14 of 
this order, a percentage of the agency's existing buildings above 5,000 
gross square feet intended to be energy, waste, or water net-zero buildings 
by fiscal year 2025 and implementing actions that will allow those 
buildings to meet that target;

(iv) including in all new agency lease solicitations over 10,000 rentable 
square feet:

(A) criteria for energy efficiency either as a required performance 
specification or as a source selection evaluation factor in best-value 
tradeoff procurements; and

(B) requirements for building lessor disclosure of carbon emission or 
energy consumption data for that portion of the building occupied by the 
agency that may be provided by the lessor through submetering or estimation 
from pro-rated occupancy data, whichever is more cost-effective;

(v) reporting building energy, beginning in fiscal year 2016 as part of the 
agency scope 3 greenhouse gas emissions for newly solicited leases over 
10,000 rentable square feet;

(vi) including in the planning for new buildings or leases cost-effective 
strategies to optimize sustainable space usage and consideration of 
existing community transportation planning and infrastructure, including 
access to public transit;

(vii) ensuring that all new construction, major renovation, repair, and 
alteration of agency buildings includes appropriate design and deployment 
of fleet charging infrastructure; and

[[Page 15875]]

(viii) including the incorporation of climate-resilient design and 
management elements into the operation, repair, and renovation of existing 
agency buildings and the design of new agency buildings;

                    (i) promote sustainable acquisition and procurement 
                by ensuring that each of the following environmental 
                performance and sustainability factors are included to 
                the maximum extent practicable for all applicable 
                procurements in the planning, award, and execution 
                phases of the acquisition by:

(i) meeting statutory mandates that require purchase preference for:

(A) recycled content products designated by EPA;

(B) energy and water efficient products and services, such as ENERGY STAR 
qualified and Federal Energy Management Program (FEMP)-designated products, 
identified by EPA and the Department of Energy (DOE); and

(C) BioPreferred and biobased designated products designated by the United 
States Department of Agriculture;

(ii) purchasing sustainable products and services identified by EPA 
programs including:

(A) Significant New Alternative Policy (SNAP) chemicals or other 
alternatives to ozone-depleting substances and high global warming 
potential hydrofluorocarbons, where feasible, as identified by SNAP;

(B) WaterSense certified products and services (water efficient products);

(C) Safer Choice labeled products (chemically intensive products that 
contain safer ingredients); and

(D) SmartWay Transport partners and SmartWay products (fuel efficient 
products and services);

(iii) purchasing environmentally preferable products or services that:

(A) meet or exceed specifications, standards, or labels recommended by EPA 
that have been determined to assist agencies in meeting their needs and 
further advance sustainable procurement goals of this order; or

(B) meet environmental performance criteria developed or adopted by 
voluntary consensus standards bodies consistent with section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (Public Law 104-
113) and OMB Circular A-119;

(iv) acting, as part of the implementation of planning requirements of 
section 14 of this order, until an agency achieves at least 95 percent 
compliance with the BioPreferred and biobased purchasing requirement in 
paragraph (i) of this subsection, to:

(A) establish an annual target for the number of contracts to be awarded 
with BioPreferred and biobased criteria and dollar value of BioPreferred 
and biobased products to be delivered and reported under those contracts in 
the following fiscal year. To establish this target, agencies shall 
consider the dollar value of designated BioPreferred and biobased products 
reported in previous years, the specifications reviewed and revised for 
inclusion of BioPreferred and biobased products, and the number of 
applicable product and service contracts to be awarded, including 
construction, operations and maintenance, food services, vehicle 
maintenance, and janitorial services; and

(B) ensure contractors submit timely annual reports of their BioPreferred 
and biobased purchases; and

(v) reducing copier and printing paper use and acquiring uncoated printing 
and writing paper containing at least 30 percent postconsumer recycled 
content or higher as designated by future instruction under section 4(e) of 
this order;

                    (j) advance waste prevention and pollution 
                prevention by:

[[Page 15876]]

(i) 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 through 11023);

(ii) diverting at least 50 percent of non-hazardous solid waste, including 
food and compostable material but not construction and demolition materials 
and debris, annually, and pursuing opportunities for net-zero waste or 
additional diversion opportunities;

(iii) diverting at least 50 percent of non-hazardous construction and 
demolition materials and debris; and

(iv) reducing or minimizing the quantity of toxic and hazardous chemicals 
and materials acquired, used, or disposed of, particularly where such 
reduction will assist the agency in pursuing agency greenhouse gas emission 
reduction targets established in section 2 of this order;

                    (k) implement performance contracts for Federal 
                buildings by:

(i) utilizing performance contracting as an important tool to help meet 
identified energy efficiency and management goals while deploying life-
cycle cost-effective energy efficiency and clean energy technology and 
water conservation measures;

(ii) fulfilling existing agency performance contracting commitments towards 
the goal of $4 billion in Federal performance-based contracts by the end of 
calendar year 2016; and

(iii) providing annual agency targets for performance contracting for 
energy savings to be implemented in fiscal year 2017 and annually 
thereafter as part of the planning requirements of section 14 of this 
order;

                    (l) promote electronics stewardship by 
                establishing, measuring, and reporting by:

(i) ensuring procurement preference for environmentally sustainable 
electronic products as established in subsection (i) of this section;

(ii) establishing and implementing policies to enable power management, 
duplex printing, and other energy-efficient or environmentally sustainable 
features on all eligible agency electronic products; and

(iii) employing environmentally sound practices with respect to the 
agency's disposition of all agency excess or surplus electronic products.

                Sec. 4. Duties of the Chair of the Council on 
                Environmental Quality. In implementing the policy set 
                forth in section 1 of this order, the Chair of CEQ 
                shall:

                    (a) in coordination with the Director of OMB, 
                establish a Federal Interagency Sustainability Steering 
                Committee (Steering Committee) that shall advise the 
                Director of OMB and the Chair of CEQ on the performance 
                of agency responsibilities under sections 2 and 3 of 
                this order and shall include the Federal Chief 
                Sustainability Officer referenced in section 6 of this 
                order and agency Chief Sustainability Officers 
                designated under sections 7 and 8 of this order;
                    (b) in coordination with the Director of OMB review 
                and approve agency-wide scope 1 and 2 and scope 3 
                greenhouse gas emissions reduction targets developed 
                under section 2 of this order;
                    (c) in coordination with the Director of OMB, 
                prepare streamlined reporting metrics to determine each 
                agency's progress under sections 2 and 3 of this order;
                    (d) review and evaluate each agency's Plan prepared 
                under section 14 of this order;
                    (e) within 45 days of the date of this order and 
                thereafter as necessary, after consultation with the 
                Director of OMB, issue implementing instructions or 
                other guidance to direct agency implementation of this 
                order, other than instructions within the authority of 
                the Director of OMB to issue under section 5 of this 
                order;

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                    (f) within 150 days of the date of this order, 
                prepare and issue revised Guiding Principles for both 
                new and existing Federal buildings including 
                consideration of climate change resilience and employee 
                and visitor wellness;
                    (g) revise, as necessary and in coordination with 
                the Director of OMB, existing CEQ guidance and 
                implementing instructions on Sustainable Locations for 
                Federal Facilities of September 15, 2011, Sustainable 
                Practices for Designed Landscapes of October 31, 2011, 
                as supplemented on October 22, 2014, Federal Greenhouse 
                Gas Accounting and Reporting Guidance [Revision 1] of 
                June 4, 2012, and Federal Agency Implementation of 
                Water Efficiency and Management Provisions of Executive 
                Order 13514 of July 10, 2013;
                    (h) within 150 days of the date of this order, 
                prepare and issue guidance to assist agencies in the 
                implementation of section 13 of this order;
                    (i) identify annually, based on total contract 
                spending in the previous fiscal year as reported in the 
                Federal Procurement Data System, the seven largest 
                Federal procuring agencies responsible for 
                implementation of section 15(b) of this order;
                    (j) administer a Presidential leadership award 
                program to recognize exceptional and outstanding 
                performance and excellence in agency efforts to 
                implement this order; and
                    (k) establish and disband, as appropriate, 
                temporary interagency working groups to provide 
                recommendations to the Chair of CEQ associated with the 
                goals of this order, including: grid-based green power; 
                data quality, collection, and reporting; greenhouse gas 
                emissions associated with the transportation of Federal 
                freight and cargo; sustainability considerations in 
                resilience planning; agency supply chain climate 
                vulnerability; recycled content paper; green 
                infrastructure; and carbon uptake accounting and wood 
                products.

                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 OMB 
                shall:

                    (a) issue, after consultation with the Chair of 
                CEQ, instructions to the heads of agencies concerning 
                periodic performance evaluation of agency 
                implementation of this order, including consideration 
                of the results from section 4(c) of this order;
                    (b) prepare scorecards providing periodic 
                evaluation of Principal Agency performance in 
                implementing this order and publish scorecard results 
                on a publicly available Web site; and
                    (c) review and approve each agency's Plan prepared 
                under section 14 of this order.

                Sec. 6. Duties of the Federal Chief Sustainability 
                Officer. Henceforth, the Federal Environmental 
                Executive is reestablished as the Federal Chief 
                Sustainability Officer and the Office of the Federal 
                Environmental Executive is reestablished as the Office 
                of the Chief Sustainability Officer, for which the 
                Environmental Protection Agency shall provide funding 
                and administrative support and that shall be maintained 
                at CEQ. In implementing the policy set forth in section 
                1 of this order, the Federal Chief Sustainability 
                Officer shall:

                    (a) monitor progress and advise the Chair of CEQ on 
                agency goals in sections 2 and 3 of this order;
                    (b) chair, convene, and preside at quarterly 
                meetings; determine the agenda; and direct the work of 
                the Steering Committee;
                    (c) lead the development of programs and policies 
                to assist agencies in implementing the goals of this 
                order in coordination with DOE, EPA, the General 
                Services Administration (GSA), and other agencies as 
                appropriate;
                    (d) coordinate and provide direction to relevant 
                existing workgroups through quarterly meetings to 
                ensure that opportunities for improvement in 
                implementation of this order are identified and 
                addressed; and

[[Page 15878]]

                    (e) advise the Chair of CEQ on the implementation 
                of this order.

                Sec. 7. Duties of Principal Agencies. To ensure 
                successful implementation of the policy established in 
                section 1 of this order, the head of each Principal 
                Agency shall:

                    (a) designate, within 45 days of the date of this 
                order, an agency Chief Sustainability Officer, who 
                shall be 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, and report such designation to the Director 
                of OMB and the Chair of CEQ;
                    (b) assign the designated official the authority to 
                represent the agency on the Steering Committee 
                established under section 4 of this order and perform 
                such other duties relating to the implementation of 
                this order within the agency as the head of the agency 
                deems appropriate;
                    (c) prepare and distribute internally, where 
                appropriate, performance evaluations of agency 
                implementation of this order that reflect the 
                contribution of agency services, components, bureaus, 
                and operating divisions to the goals of this order;
                    (d) ensure, as soon as practicable after the date 
                of this order, that leases and contracts entered into 
                after the date of this order for lessor or contractor 
                operation of Government-owned buildings or vehicles 
                facilitate the agency's compliance with this order;
                    (e) implement opportunities to improve agency fleet 
                sustainability, including vehicle acquisitions as 
                established in section 3(g) of this order, waiver 
                authority, and fleet data management practices, by 
                revising agency fleet management review and approval 
                procedures to include the Chief Sustainability Officers 
                designated under this section and section 8 of this 
                order;
                    (f) consider the development of policies to promote 
                sustainable commuting and work-related travel practices 
                for Federal employees that foster workplace vehicle 
                charging, encourage telecommuting, teleconferencing, 
                and reward carpooling and the use of public 
                transportation, where consistent with agency authority 
                and Federal appropriations law;
                    (g) ensure regional agency actions consider and are 
                consistent with, sustainability and climate 
                preparedness priorities of States, local governments, 
                and tribal communities where agency facilities are 
                located;
                    (h) foster outstanding performance and excellence 
                in agency efforts to implement this order through 
                opportunities such as agency leadership award programs;
                    (i) continue implementation of formal Environmental 
                Management Systems (EMS) where those systems have 
                proven effective and deploy new EMSs where appropriate; 
                and
                    (j) notwithstanding the limitations on 
                implementation in section 17 of this order, apply, 
                where feasible and appropriate, the strategies and 
                plans to achieve the goals of this order in whole or in 
                part with respect to fueling, operation, and management 
                of tactical or emergency vehicles and to the activities 
                and facilities of the agency that are not located 
                within the United States.

                Sec. 8. Duties of Contributing Agencies. Within 45 days 
                of the date of this order, to ensure successful 
                implementation of the policy established in section 1 
                of this order, the head of each contributing agency 
                shall designate an agency Chief Sustainability Officer, 
                who shall be 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, and report such designation to the Director 
                of OMB and the Chair of CEQ.

                Sec. 9. Duties of the Agency Chief Sustainability 
                Officers. The Chief Sustainability Officers designated 
                under sections 7 and 8 of this order shall be 
                responsible for:

                    (a) ensuring agency policies, plans, and strategies 
                implemented to achieve the goals of this order consider 
                the role of agency regional facilities and

[[Page 15879]]

                personnel and are integrated into agency permitting and 
                environmental review policies, programs, and planning;
                    (b) developing and implementing an agency-wide 
                strategic process that coordinates appropriate agency 
                functions and programs to ensure that those functions 
                and programs consider and address the goals of this 
                order;
                    (c) reporting annually to the Chair of CEQ and 
                Director of OMB a comprehensive inventory of progress 
                towards the greenhouse gas emissions goals established 
                in section 2 of this order;
                    (d) representing the agency on the Steering 
                Committee;
                    (e) convening quarterly meetings of agency bureaus, 
                commands, or operating divisions that are responsible 
                for the implementation of strategies necessary to meet 
                the goals of this order;
                    (f) representing the agency in any requests to the 
                Chair of CEQ and Director of OMB to amend or normalize 
                a baseline for goals established in this order due to 
                change of greater than 5 percent as a result of agency 
                space consolidation, a change in mission tempo, or 
                improved data quality;
                    (g) providing plans, including the Plan prepared 
                under section 14 of this order, reports, information, 
                and assistance necessary to implement this order, to 
                the Director of OMB, the Chair of CEQ, and the Federal 
                Chief Sustainability Officer; and
                    (h) performing such other duties relating to the 
                implementation of this order as the head of the agency 
                deems appropriate.

                Sec. 10. Regional Coordination. Within 180 days of the 
                date of this order, each EPA and GSA Regional office 
                shall in coordination with Federal Executive Boards 
                established by the Presidential Memorandum of November 
                10, 1961 (The Need for Greater Coordination of Regional 
                and Field Activities of the Government), DOD and other 
                agencies as appropriate, convene regional interagency 
                workgroups to identify and address:

                    (a) sustainable operations of Federal fleet 
                vehicles, including identification and implementation 
                of opportunities to use and share fueling 
                infrastructure and logistical resources to support the 
                adoption and use of alternative fuel vehicles, 
                including E-85 compatible vehicles, zero emission and 
                plug-in hybrid vehicles, and compressed natural gas 
                powered vehicles;
                    (b) water resource management and drought response 
                opportunities;
                    (c) climate change preparedness and resilience 
                planning in coordination with State, local, and tribal 
                communities; and
                    (d) opportunities for collective procurement of 
                clean energy to satisfy energy demand for multiple 
                agency buildings.

                Sec. 11. Employee Education and Training. Within 180 
                days of the date of this order, the Office of Personnel 
                Management, in coordination with DOE, GSA, EPA, and 
                other agencies as appropriate, shall:

                    (a) consider the establishment of a dedicated 
                Federal occupational series for sustainability 
                professionals and relevant positions that directly 
                impact the achievement of Federal sustainability goals 
                and if appropriate, prepare and issue such occupational 
                series; and
                    (b) initiate the inclusion of environmental 
                sustainability and climate preparedness and resilience 
                into Federal leadership and educational programs in 
                courses and training, delivered through electronic 
                learning, in classroom settings, and residential 
                centers, particularly developmental training for Senior 
                Executive Service and GS-15 personnel.

                Sec. 12. Supporting the Federal Fleet. (a) GSA shall 
                ensure that vehicles available to agencies for either 
                lease or sale, at or below market cost, through its 
                vehicle program include adequate variety and volume of 
                alternative fuel vehicles, including zero emission and 
                plug-in hybrid vehicles, to meet the fleet management 
                goals of this order.

                    (b) DOE shall assist the United States Postal 
                Service (USPS) in evaluating the best alternative and 
                advanced fuel technologies for the USPS fleet and

[[Page 15880]]

                report on such progress annually as part of the 
                planning requirements of section 14 of this order.

                Sec. 13. Supporting Federal Facility Climate 
                Preparedness and Resilience. The head of each agency 
                shall, consistent with Executive Order 13653 of 
                November 1, 2013, ensure that agency operations and 
                facilities prepare for impacts of climate change as 
                part of the planning requirements of section 14 of this 
                order and consistent with planning required under 
                section 5 of Executive Order 13653 by:

                    (a) identifying and addressing projected impacts of 
                climate change on mission critical water, energy, 
                communication, and transportation demands and 
                considering those climate impacts in operational 
                preparedness planning for major agency facilities and 
                operations; and
                    (b) calculating the potential cost and risk to 
                mission associated with agency operations that do not 
                take into account the information collected in 
                subsection (a) of this section and considering that 
                cost in agency decision-making.

                Sec. 14. Agency Strategic Sustainability Performance 
                Plan. Beginning in June 2015, and continuing through 
                fiscal year 2025, the head of each Principal Agency 
                shall develop, implement, and annually update an 
                integrated Strategic Sustainability Performance Plan 
                (Plan) based on guidance prepared by the Chair of CEQ 
                under section 4 of this order. Contributing agencies 
                are encouraged to prepare a Plan but may limit content 
                of the Plan to a summary of agency actions to meet the 
                requirements of this order. Each Principal Agency Plan 
                and update shall be provided to the Chair of CEQ and 
                Director of OMB, shall be subject to approval by the 
                Director under section 5 of this order, and shall be 
                made publicly available on an agency Web site once 
                approved.

                Sec. 15. Supply Chain Greenhouse Gas Management. In 
                implementing the greenhouse gas management policies in 
                section 1 of this order and to better understand and 
                manage the implications of Federal supply chain 
                greenhouse gas emissions:

                    (a) the Chair of CEQ shall, within 30 days of the 
                date of this order and annually thereafter, identify 
                and publicly release an inventory of major Federal 
                suppliers using publicly available Federal procurement 
                information, including information as to whether the 
                supplier has accounted for and publicly disclosed, 
                during the previous calendar year, annual scope 1 and 2 
                greenhouse gas emission data and publicly disclosed a 
                greenhouse gas emission reductions target (or targets) 
                for 2015 or beyond; and
                    (b) the seven largest Federal procuring agencies 
                shall each submit for consideration, in conjunction 
                with the planning requirements of section 14 of this 
                order, a plan to implement at least five new 
                procurements annually in which the agency may include, 
                as appropriate, contract requirements for vendors or 
                evaluation criteria that consider contractor emissions 
                and greenhouse gas emissions management practices. The 
                plans submitted for consideration may include 
                identification of evaluation criteria, performance 
                period criteria, and contract clauses that will 
                encourage suppliers to manage and reduce greenhouse gas 
                emissions, and shall be implemented as soon as 
                practicable after any relevant administrative 
                requirements have been met.

                Sec. 16. Revocations and Conforming Provisions. (a) 
                Pursuant to section 742(b) of Public Law 111-117, I 
                have determined that this order will achieve equal or 
                better environmental or energy efficiency results than 
                Executive Order 13423. Therefore, Executive Order 13423 
                of January 24, 2007, is revoked.

                    (b) Executive Order 13514 of October 5, 2009; 
                Presidential Memorandum of December 2, 2011 
                (Implementation of Energy Savings Projects and 
                Performance-Based Contracting for Energy Savings); 
                section 1 of Presidential Memorandum of February 21, 
                2012 (Driving Innovation and Creating Jobs in Rural 
                America through Biobased and Sustainable Product 
                Procurement); and Presidential Memorandum of December 
                5, 2013 (Federal Leadership on Energy Management), are 
                revoked.

[[Page 15881]]

                    (c) Presidential Memorandum of May 24, 2011 
                (Federal Fleet Performance), is revoked as of October 
                1, 2015.
                    (d) 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''.
                    (e) Section 2(d) of Executive Order 13432 of May 
                14, 2007, is amended to read as follows: ```greenhouse 
                gases' means carbon dioxide, methane, nitrous oxide, 
                hydrofluorocarbons, perfluorocarbons, nitrogen 
                triflouride, and sulfur hexafluoride;''.
                    (f) Section 5 of Executive Order 13653 of November 
                1, 2013, is amended by striking ``Executive Order 
                13514'' and inserting in lieu thereof ``other Executive 
                Orders''.
                    (g) Section 1 of Executive Order 13677 of September 
                23, 2014, is amended by striking ``Executive Order 
                13514 of October 5, 2009 (Federal Leadership in 
                Environmental, Energy, and Economic Performance), and 
                Executive Order 13653 of November 1, 2013 (Preparing 
                the United States for the Impacts of Climate Change),'' 
                and inserting in lieu thereof ``Several Executive 
                Orders have''.

                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 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 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 to 
                the extent the head of an agency determines necessary 
                to protect undercover operations from unauthorized 
                disclosure.
                    (c) 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. Heads of agencies shall manage fleets to 
                which this paragraph 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 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 Chair of CEQ 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 Chair of CEQ, 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:

[[Page 15882]]

                    (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 energy'' means energy generated 
                from technologies and approaches that advance renewable 
                heat sources, including biomass, solar thermal, 
                geothermal, waste heat, and renewable combined heat and 
                power processes; combined heat and power; small modular 
                nuclear reactor technologies; fuel cell energy systems; 
                and energy generation, where active capture and storage 
                of carbon dioxide emissions associated with that energy 
                generation is verified;
                    (d) ``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 vehicles, hybrid electric vehicles, 
                plug-in hybrid electric vehicles, dedicated alternative 
                fuel vehicles, dual fueled alternative fuel vehicles, 
                qualified fuel cell motor vehicles, advanced lean burn 
                technology motor vehicles, low greenhouse gas vehicles, 
                compressed natural gas powered vehicles, self-propelled 
                vehicles such as bicycles, and any other alternative 
                fuel vehicles that are defined by statute;
                    (e) ``clean energy'' means renewable electric 
                energy and alternative energy;
                    (f) ``climate resilient design'' means to design 
                assets to prepare for, withstand, respond to, or 
                quickly recover from disruptions due to severe weather 
                events and climate change for the intended life of the 
                asset;
                    (g) ``construction and demolition materials and 
                debris'' means waste materials and debris generated 
                during construction, renovation, demolition, or 
                dismantling of all structures and buildings and 
                associated infrastructure;
                    (h) ``Contributing Agencies'' are defined as 
                executive agencies that are not subject to the Chief 
                Financial Officers Act and include Federal Boards, 
                Commissions, and Committees;
                    (i) ``divert'' or ``diverting'' means redirecting 
                materials from disposal in landfills or incinerators to 
                recycling or recovery, excluding diversion to waste-to-
                energy facilities;
                    (j) ``environmentally preferable'' means products 
                or services that have a lesser or reduced effect on 
                human health and the environment when compared with 
                competing products or services that serve the same 
                purpose. This comparison may consider raw materials 
                acquisition, production, manufacturing, packaging, 
                distribution, reuse, use, operation, maintenance, or 
                disposal related to the product or service;
                    (k) ``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 combat support, combat service support, 
                tactical or relief operations, or training for such 
                operations or spaceflight vehicles (including 
                associated ground-support equipment);
                    (l) ``Federal facility'' means any building or 
                collection of buildings, grounds, or structures, as 
                well as any fixture or part thereof, which is owned by 
                the United States or any Federal agency or that is held 
                by the United States or any Federal agency under a 
                lease-acquisition agreement under which the United 
                States or a Federal agency will receive fee simple 
                title under the terms of such agreement without further 
                negotiation;
                    (m) ``greenhouse gases'' means carbon dioxide, 
                methane, nitrous oxide, hydrofluorocarbons, 
                perfluorocarbons, nitrogen triflouride, and sulfur 
                hexafluoride;
                    (n) ``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);

[[Page 15883]]

                    (o) ``net-zero energy building'' means a building 
                that is designed, constructed, or renovated and 
                operated such that the actual annual source energy 
                consumption is balanced by on-site renewable energy;
                    (p) ``net-zero water building'' means a building 
                that is designed, constructed, or renovated and 
                operated to greatly reduce total water consumption, use 
                non-potable sources as much as possible, and recycle 
                and reuse water in order to return the equivalent 
                amount of water as was withdrawn from all sources, 
                including municipal supply, without compromising 
                groundwater and surface water quantity or quality;
                    (q) ``net-zero waste building'' means a building 
                that is operated to reduce, reuse, recycle, compost, or 
                recover solid waste streams (with the exception of 
                hazardous and medical waste) thereby resulting in zero 
                waste disposal;
                    (r) ``passenger vehicle'' means a sedan or station 
                wagon designed primarily to transport people as defined 
                in 102-34.35 of the Federal Management Regulation;
                    (s) ``power usage effectiveness'' means the ratio 
                obtained by dividing the total amount of electricity 
                and other power consumed in running a data center by 
                the power consumed by the information and 
                communications technology in the data center;
                    (t) ``Principal Agencies'' mean agencies subject to 
                the Chief Financial Officers Act and agencies subject 
                to the OMB Scorecard process under section 5(b) of this 
                order;
                    (u) ``renewable energy certificate'' means the 
                technology and environmental (non-energy) attributes 
                that represent proof that 1 megawatt-hour (MWh) of 
                electricity was generated from an eligible renewable 
                energy resource, that can be sold separately from the 
                underlying generic electricity with which they are 
                associated, and that, for the purposes of section 
                3(d)(iii) and (iv) of this order, were produced by 
                sources of renewable energy placed into service within 
                10 years prior to the start of the fiscal year;
                    (v) ``renewable electric energy'' means energy 
                produced by solar, wind, biomass, landfill gas, ocean 
                (including tidal, wave, current, and thermal), 
                geothermal, geothermal heat pumps, microturbines, 
                municipal solid waste, or new hydroelectric generation 
                capacity achieved from increased efficiency or 
                additions of new capacity at an existing hydroelectric 
                project;
                    (w) ``resilience'' means the ability to anticipate, 
                prepare for, and adapt to changing conditions and 
                withstand, respond to, and recover rapidly from 
                disruptions;
                    (x) ``scope 1, 2, and 3'' mean:

(i) scope 1: direct greenhouse gas emissions from sources that are owned or 
controlled by the agency;

(ii) scope 2: direct greenhouse gas emissions resulting from the generation 
of electricity, heat, or steam purchased by an agency;

(iii) scope 3: greenhouse gas emissions from sources not owned or directly 
controlled by an agency but related to agency activities such as vendor 
supply chains, delivery and transportation services, and employee travel 
and commuting;

                    (y) ``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;
                    (z) ``water balance'' means a comparison of the 
                water supplied to a defined system to the water 
                consumed by that system in order to identify the 
                proportion of water consumed for specific end-uses and 
                ensure potential water leaks in the system are 
                addressed; and
                    (aa) ``zero emission vehicle'' means a vehicle that 
                produces zero exhaust emissions of any criteria 
                pollutant (or precursor pollutant) or greenhouse gas 
                under any possible operational modes or conditions.

[[Page 15884]]

                Sec. 20. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the 
head thereof; or

(ii) the functions of the Director of OMB relating to budgetary, 
administrative, or legislative proposals.

                    (b) This order shall be implemented in a manner 
                consistent with applicable law and subject to the 
                availability of appropriations.
                    (c) This order 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,

                    March 19, 2015.

[FR Doc. 2015-07016
Filed 3-24-15; 11:15 am]
Billing code 3295-F5



                                                                                                                                                                                     15871

                                                     Federal Register                                    Presidential Documents
                                                     Vol. 80, No. 57

                                                     Wednesday, March 25, 2015



                                                     Title 3—                                            Executive Order 13693 of March 19, 2015

                                                     The President                                       Planning for Federal Sustainability in the Next Decade


                                                                                                         By the authority vested in me as President by the Constitution and the
                                                                                                         laws of the United States of America, and in order to maintain Federal
                                                                                                         leadership in sustainability and greenhouse gas emission reductions, it is
                                                                                                         hereby ordered as follows:
                                                                                                         Section 1. Policy. Executive departments and agencies (agencies) have been
                                                                                                         among our Nation’s leaders as the United States works to build a clean
                                                                                                         energy economy that will sustain our prosperity and the health of our
                                                                                                         people and our environment for generations to come. Federal leadership
                                                                                                         in energy, environmental water, fleet, buildings, and acquisition management
                                                                                                         will continue to drive national greenhouse gas reductions and support prep-
                                                                                                         arations for the impacts of climate change. Through a combination of more
                                                                                                         efficient Federal operations such as those outlined in this Executive Order
                                                                                                         (order), we have the opportunity to reduce agency direct greenhouse gas
                                                                                                         emissions by at least 40 percent over the next decade while at the same
                                                                                                         time fostering innovation, reducing spending, and strengthening the commu-
                                                                                                         nities in which our Federal facilities operate.
                                                                                                         It therefore continues to be the policy of the United States that agencies
                                                                                                         shall increase efficiency and improve their environmental performance. Im-
                                                                                                         proved environmental performance will help us protect our planet for future
                                                                                                         generations and save taxpayer dollars through avoided energy costs and
                                                                                                         increased efficiency, while also making Federal facilities more resilient.
                                                                                                         To improve environmental performance and Federal sustainability, priority
                                                                                                         should first be placed on reducing energy use and cost, then on finding
                                                                                                         renewable or alternative energy solutions. Pursuing clean sources of energy
                                                                                                         will improve energy and water security, while ensuring that Federal facilities
                                                                                                         will continue to meet mission requirements and lead by example. Employing
                                                                                                         this strategy for the next decade calls for expanded and updated Federal
                                                                                                         environmental performance goals with a clear overarching objective of reduc-
                                                                                                         ing greenhouse gas emissions across Federal operations and the Federal
                                                                                                         supply chain.
                                                                                                         Sec. 2. Agency Greenhouse Gas Emission Reductions. In implementing the
                                                                                                         policy set forth in section 1 of this order, the head of each agency shall,
                                                                                                         within 90 days of the date of this order, propose to the Chair of the Council
                                                                                                         on Environmental Quality (CEQ) and the Director of the Office of Management
                                                                                                         and Budget (OMB) percentage reduction targets for agency-wide reductions
                                                                                                         of scope 1 and 2 and scope 3 greenhouse gas emissions in absolute terms
                                                                                                         by the end of fiscal year 2025 relative to a fiscal year 2008 baseline. Where
                                                                                                         appropriate, the target shall exclude direct emissions from excluded vehicles
                                                                                                         and equipment and from electric power produced and sold commercially
                                                                                                         to other parties as the primary business of the agency. The proposed targets
                                                                                                         shall be subject to the review and approval of the Chair of CEQ in coordina-
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                                                                                                         tion with the Director of OMB under section 4(b) of this order.
                                                                                                         Sec. 3. Sustainability Goals for Agencies. In implementing the policy set
                                                                                                         forth in section 1 of this order and to achieve the goals of section 2 of
                                                                                                         this order, the head of each agency shall, where life-cycle cost-effective,
                                                                                                         beginning in fiscal year 2016, unless otherwise specified:
                                                                                                           (a) promote building energy conservation, efficiency, and management
                                                                                                         by:


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                                                     15872             Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Presidential Documents

                                                                                                           (i) reducing agency building energy intensity measured in British thermal
                                                                                                           units per gross square foot by 2.5 percent annually through the end of
                                                                                                           fiscal year 2025, relative to the baseline of the agency’s building energy
                                                                                                           use in fiscal year 2015 and taking into account agency progress to date,
                                                                                                           except where revised pursuant to section 9(f) of this order, by implementing
                                                                                                           efficiency measures based on and using practices such as:
                                                                                                           (A) using remote building energy performance assessment auditing tech-
                                                                                                           nology;
                                                                                                           (B) participating in demand management programs;
                                                                                                           (C) ensuring that monthly performance data is entered into the Environ-
                                                                                                           mental Protection Agency (EPA) ENERGY STAR Portfolio Manager for
                                                                                                           covered buildings;
                                                                                                           (D) incorporating, where feasible, the consensus-based, industry standard
                                                                                                           Green Button data access system into reporting, data analytics, and automa-
                                                                                                           tion processes;
                                                                                                           (E) implementing space utilization and optimization practices and policies;
                                                                                                           (F) identifying opportunities to transition test-bed technologies to achieve
                                                                                                           the goals of this section; and
                                                                                                           (G) conforming, where feasible, to city energy performance benchmarking
                                                                                                           and reporting requirements; and
                                                                                                           (ii) improving data center energy efficiency at agency facilities by:
                                                                                                           (A) ensuring the agency chief information officer promotes data center
                                                                                                           energy optimization, efficiency, and performance;
                                                                                                           (B) installing and monitoring advanced energy meters in all data centers
                                                                                                           by fiscal year 2018; and
                                                                                                           (C) establishing a power usage effectiveness target of 1.2 to 1.4 for new
                                                                                                           data centers and less than 1.5 for existing data centers;
                                                                                                           (b) ensure that at a minimum, the following percentage of the total amount
                                                                                                         of building electric energy and thermal energy shall be clean energy, ac-
                                                                                                         counted for by renewable electric energy and alternative energy:
                                                                                                           (i) not less than 10 percent in fiscal years 2016 and 2017;
                                                                                                           (ii) not less than 13 percent in fiscal years 2018 and 2019;
                                                                                                           (iii) not less than 16 percent in fiscal years 2020 and 2021;
                                                                                                           (iv) not less than 20 percent in fiscal years 2022 and 2023; and
                                                                                                           (v) not less than 25 percent by fiscal year 2025 and each year thereafter;
                                                                                                           (c) ensure that the percentage of the total amount of building electric
                                                                                                         energy consumed by the agency that is renewable electric energy is:
                                                                                                           (i) not less than 10 percent in fiscal years 2016 and 2017;
                                                                                                           (ii) not less than 15 percent in fiscal years 2018 and 2019;
                                                                                                           (iii) not less than 20 percent in fiscal years 2020 and 2021;
                                                                                                           (iv) not less than 25 percent in fiscal years 2022 and 2023; and
                                                                                                           (v) not less than 30 percent by fiscal year 2025 and each year thereafter;
                                                                                                           (d) include in the renewable electric energy portion of the clean energy
                                                                                                         target established in subsection (b) of this section renewable electric energy
                                                                                                         as defined in section 19(v) of this order and associated with the following
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                                                                                                         actions, which are listed in order of priority:
                                                                                                           (i) installing agency-funded renewable energy on site at Federal facilities
                                                                                                           and retaining corresponding renewable energy certificates (RECs) or obtain-
                                                                                                           ing equal value replacement RECs;
                                                                                                           (ii) contracting for the purchase of energy that includes the installation
                                                                                                           of renewable energy on site at a Federal facility or off site from a Federal
                                                                                                           facility and the retention of corresponding RECs or obtaining equal value
                                                                                                           replacement RECs for the term of the contract;


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                                                                       Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Presidential Documents                        15873

                                                                                                           (iii) purchasing electricity and corresponding RECs or obtaining equal
                                                                                                           value replacement RECs; and
                                                                                                           (iv) purchasing RECs;
                                                                                                           (e) include in the alternative energy portion of the clean energy target
                                                                                                         established in subsection (b) of this section alternative energy as defined
                                                                                                         in section 19(c) of this order and associated with the following actions,
                                                                                                         where feasible:
                                                                                                           (i) installing thermal renewable energy on site at Federal facilities and
                                                                                                           retaining corresponding renewable attributes or obtaining equal value re-
                                                                                                           placement RECs where applicable;
                                                                                                           (ii) installing combined heat and power processes on site at Federal facili-
                                                                                                           ties;
                                                                                                           (iii) installing fuel cell energy systems on site at Federal facilities;
                                                                                                           (iv) utilizing energy from new small modular nuclear reactor technologies;
                                                                                                           (v) utilizing energy from a new project that includes the active capture
                                                                                                           and storage of carbon dioxide emissions associated with energy generation;
                                                                                                           (vi) implementing other alternative energy approaches that advance the
                                                                                                           policy set forth in section 1 and achieve the goals of section 2 of this
                                                                                                           order and are in accord with any sustainability, environmental perform-
                                                                                                           ance, and other instructions or guidance established pursuant to sections
                                                                                                           4(e) and 5(a) of this order; and
                                                                                                           (vii) including in the Department of Defense (DOD) accounting for alter-
                                                                                                           native energy for this subsection, fulfillment of the requirements for DOD
                                                                                                           goals established under section 2852 of the National Defense Authorization
                                                                                                           Act for Fiscal Year 2007 as amended by section 2842 of the National
                                                                                                           Defense Authorization Act for Fiscal Year 2010;
                                                                                                           (f) improve agency water use efficiency and management, including
                                                                                                         stormwater management by:
                                                                                                           (i) reducing agency potable water consumption intensity measured in gal-
                                                                                                           lons per gross square foot by 36 percent by fiscal year 2025 through
                                                                                                           reductions of 2 percent annually through fiscal year 2025 relative to a
                                                                                                           baseline of the agency’s water consumption in fiscal year 2007;
                                                                                                           (ii) installing water meters and collecting and utilizing building and facility
                                                                                                           water balance data to improve water conservation and management;
                                                                                                           (iii) reducing agency industrial, landscaping, and agricultural (ILA) water
                                                                                                           consumption measured in gallons by 2 percent annually through fiscal
                                                                                                           year 2025 relative to a baseline of the agency’s ILA water consumption
                                                                                                           in fiscal year 2010; and
                                                                                                           (iv) installing appropriate green infrastructure features on federally owned
                                                                                                           property to help with stormwater and wastewater management;
                                                                                                           (g) if the agency operates a fleet of at least 20 motor vehicles, improve
                                                                                                         agency fleet and vehicle efficiency and management by:
                                                                                                           (i) determining, as part of the planning requirements of section 14 of
                                                                                                           this order, the optimum fleet inventory with emphasis placed on elimi-
                                                                                                           nating unnecessary or non-essential vehicles from the agency’s fleet inven-
                                                                                                           tory;
                                                                                                           (ii) taking actions that reduce fleet-wide per-mile greenhouse gas emissions
                                                                                                           from agency fleet vehicles, relative to a baseline of emissions in fiscal
                                                                                                           year 2014, to achieve the following percentage reductions:
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                                                                                                           (A) not less than 4 percent by the end of fiscal year 2017;
                                                                                                           (B) not less than 15 percent by the end of fiscal year 2021; and
                                                                                                           (C) not less than 30 percent by the end of fiscal year 2025;
                                                                                                           (iii) collecting and utilizing as a fleet efficiency management tool, as
                                                                                                           soon as practicable but not later than 2 years after the date of this order,
                                                                                                           agency fleet operational data through deployment of vehicle telematics


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                                                     15874             Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Presidential Documents

                                                                                                           at a vehicle asset level for all new passenger and light duty vehicle
                                                                                                           acquisitions and for medium duty vehicles where appropriate;
                                                                                                           (iv) ensuring that agency annual asset-level fleet data is properly and
                                                                                                           accurately accounted for in a formal agency Fleet Management System
                                                                                                           and any relevant data is submitted to the Federal Automotive Statistical
                                                                                                           Tool reporting database, the Federal Motor Vehicle Registration System,
                                                                                                           and the Fleet Sustainability Dashboard (FleetDASH) system;
                                                                                                           (v) planning for agency fleet composition such that by December 31,
                                                                                                           2020, zero emission vehicles or plug-in hybrid vehicles account for 20
                                                                                                           percent of all new agency passenger vehicle acquisitions and by December
                                                                                                           31, 2025, zero emission vehicles or plug-in hybrid vehicles account for
                                                                                                           50 percent of all new agency passenger vehicles and including, where
                                                                                                           practicable, acquisition of such vehicles in other vehicle classes and count-
                                                                                                           ing double credit towards the targets in this section for such acquisitions;
                                                                                                           and
                                                                                                           (vi) planning for appropriate charging or refueling infrastructure or other
                                                                                                           power storage technologies for zero emission vehicles or plug-in hybrid
                                                                                                           vehicles and opportunities for ancillary services to support vehicle-to-
                                                                                                           grid technology;
                                                                                                           (h) improve building efficiency, performance, and management by:
                                                                                                           (i) ensuring, beginning in fiscal year 2020 and thereafter, that all new
                                                                                                           construction of Federal buildings greater than 5,000 gross square feet
                                                                                                           that enters the planning process is designed to achieve energy net-zero
                                                                                                           and, where feasible, water or waste net-zero by fiscal year 2030;
                                                                                                           (ii) identifying, beginning in June of 2016, as part of the planning require-
                                                                                                           ments of section 14 of this order, a percentage of at least 15 percent,
                                                                                                           by number or total square footage, of the agency’s existing buildings above
                                                                                                           5,000 gross square feet that will, by fiscal year 2025, comply with the
                                                                                                           revised Guiding Principles for Federal Leadership in High Performance
                                                                                                           and Sustainable Buildings (Guiding Principles), developed pursuant to
                                                                                                           section 4 of this order, and making annual progress toward 100 percent
                                                                                                           conformance with the Guiding Principles for its building inventory;
                                                                                                           (iii) identifying, as part of the planning requirements of section 14 of
                                                                                                           this order, a percentage of the agency’s existing buildings above 5,000
                                                                                                           gross square feet intended to be energy, waste, or water net-zero buildings
                                                                                                           by fiscal year 2025 and implementing actions that will allow those build-
                                                                                                           ings to meet that target;
                                                                                                           (iv) including in all new agency lease solicitations over 10,000 rentable
                                                                                                           square feet:
                                                                                                           (A) criteria for energy efficiency either as a required performance specifica-
                                                                                                           tion or as a source selection evaluation factor in best-value tradeoff procure-
                                                                                                           ments; and
                                                                                                           (B) requirements for building lessor disclosure of carbon emission or energy
                                                                                                           consumption data for that portion of the building occupied by the agency
                                                                                                           that may be provided by the lessor through submetering or estimation
                                                                                                           from pro-rated occupancy data, whichever is more cost-effective;
                                                                                                           (v) reporting building energy, beginning in fiscal year 2016 as part of
                                                                                                           the agency scope 3 greenhouse gas emissions for newly solicited leases
                                                                                                           over 10,000 rentable square feet;
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                                                                                                           (vi) including in the planning for new buildings or leases cost-effective
                                                                                                           strategies to optimize sustainable space usage and consideration of existing
                                                                                                           community transportation planning and infrastructure, including access
                                                                                                           to public transit;
                                                                                                           (vii) ensuring that all new construction, major renovation, repair, and
                                                                                                           alteration of agency buildings includes appropriate design and deployment
                                                                                                           of fleet charging infrastructure; and


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                                                                                                           (viii) including the incorporation of climate-resilient design and manage-
                                                                                                           ment elements into the operation, repair, and renovation of existing agency
                                                                                                           buildings and the design of new agency buildings;
                                                                                                           (i) promote sustainable acquisition and procurement by ensuring that each
                                                                                                         of the following environmental performance and sustainability factors are
                                                                                                         included to the maximum extent practicable for all applicable procurements
                                                                                                         in the planning, award, and execution phases of the acquisition by:
                                                                                                           (i) meeting statutory mandates that require purchase preference for:
                                                                                                           (A) recycled content products designated by EPA;
                                                                                                           (B) energy and water efficient products and services, such as ENERGY
                                                                                                           STAR qualified and Federal Energy Management Program (FEMP)-des-
                                                                                                           ignated products, identified by EPA and the Department of Energy (DOE);
                                                                                                           and
                                                                                                           (C) BioPreferred and biobased designated products designated by the
                                                                                                           United States Department of Agriculture;
                                                                                                           (ii) purchasing sustainable products and services identified by EPA pro-
                                                                                                           grams including:
                                                                                                           (A) Significant New Alternative Policy (SNAP) chemicals or other alter-
                                                                                                           natives to ozone-depleting substances and high global warming potential
                                                                                                           hydrofluorocarbons, where feasible, as identified by SNAP;
                                                                                                           (B) WaterSense certified products and services (water efficient products);
                                                                                                           (C) Safer Choice labeled products (chemically intensive products that con-
                                                                                                           tain safer ingredients); and
                                                                                                           (D) SmartWay Transport partners and SmartWay products (fuel efficient
                                                                                                           products and services);
                                                                                                           (iii) purchasing environmentally preferable products or services that:
                                                                                                           (A) meet or exceed specifications, standards, or labels recommended by
                                                                                                           EPA that have been determined to assist agencies in meeting their needs
                                                                                                           and further advance sustainable procurement goals of this order; or
                                                                                                           (B) meet environmental performance criteria developed or adopted by
                                                                                                           voluntary consensus standards bodies consistent with section 12(d) of
                                                                                                           the National Technology Transfer and Advancement Act of 1995 (Public
                                                                                                           Law 104–113) and OMB Circular A–119;
                                                                                                           (iv) acting, as part of the implementation of planning requirements of
                                                                                                           section 14 of this order, until an agency achieves at least 95 percent
                                                                                                           compliance with the BioPreferred and biobased purchasing requirement
                                                                                                           in paragraph (i) of this subsection, to:
                                                                                                           (A) establish an annual target for the number of contracts to be awarded
                                                                                                           with BioPreferred and biobased criteria and dollar value of BioPreferred
                                                                                                           and biobased products to be delivered and reported under those contracts
                                                                                                           in the following fiscal year. To establish this target, agencies shall consider
                                                                                                           the dollar value of designated BioPreferred and biobased products reported
                                                                                                           in previous years, the specifications reviewed and revised for inclusion
                                                                                                           of BioPreferred and biobased products, and the number of applicable
                                                                                                           product and service contracts to be awarded, including construction, oper-
                                                                                                           ations and maintenance, food services, vehicle maintenance, and janitorial
                                                                                                           services; and
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                                                                                                           (B) ensure contractors submit timely annual reports of their BioPreferred
                                                                                                           and biobased purchases; and
                                                                                                           (v) reducing copier and printing paper use and acquiring uncoated printing
                                                                                                           and writing paper containing at least 30 percent postconsumer recycled
                                                                                                           content or higher as designated by future instruction under section 4(e)
                                                                                                           of this order;
                                                                                                           (j) advance waste prevention and pollution prevention by:


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                                                     15876             Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Presidential Documents

                                                                                                           (i) 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 through 11023);
                                                                                                           (ii) diverting at least 50 percent of non-hazardous solid waste, including
                                                                                                           food and compostable material but not construction and demolition mate-
                                                                                                           rials and debris, annually, and pursuing opportunities for net-zero waste
                                                                                                           or additional diversion opportunities;
                                                                                                           (iii) diverting at least 50 percent of non-hazardous construction and demoli-
                                                                                                           tion materials and debris; and
                                                                                                           (iv) reducing or minimizing the quantity of toxic and hazardous chemicals
                                                                                                           and materials acquired, used, or disposed of, particularly where such
                                                                                                           reduction will assist the agency in pursuing agency greenhouse gas emis-
                                                                                                           sion reduction targets established in section 2 of this order;
                                                                                                           (k) implement performance contracts for Federal buildings by:
                                                                                                           (i) utilizing performance contracting as an important tool to help meet
                                                                                                           identified energy efficiency and management goals while deploying life-
                                                                                                           cycle cost-effective energy efficiency and clean energy technology and
                                                                                                           water conservation measures;
                                                                                                           (ii) fulfilling existing agency performance contracting commitments towards
                                                                                                           the goal of $4 billion in Federal performance-based contracts by the end
                                                                                                           of calendar year 2016; and
                                                                                                           (iii) providing annual agency targets for performance contracting for energy
                                                                                                           savings to be implemented in fiscal year 2017 and annually thereafter
                                                                                                           as part of the planning requirements of section 14 of this order;
                                                                                                           (l) promote electronics stewardship by establishing, measuring, and report-
                                                                                                         ing by:
                                                                                                           (i) ensuring procurement preference for environmentally sustainable elec-
                                                                                                           tronic products as established in subsection (i) of this section;
                                                                                                           (ii) establishing and implementing policies to enable power management,
                                                                                                           duplex printing, and other energy-efficient or environmentally sustainable
                                                                                                           features on all eligible agency electronic products; and
                                                                                                           (iii) employing environmentally sound practices with respect to the agen-
                                                                                                           cy’s disposition of all agency excess or surplus electronic products.
                                                                                                         Sec. 4. Duties of the Chair of the Council on Environmental Quality. In
                                                                                                         implementing the policy set forth in section 1 of this order, the Chair
                                                                                                         of CEQ shall:
                                                                                                           (a) in coordination with the Director of OMB, establish a Federal Inter-
                                                                                                         agency Sustainability Steering Committee (Steering Committee) that shall
                                                                                                         advise the Director of OMB and the Chair of CEQ on the performance
                                                                                                         of agency responsibilities under sections 2 and 3 of this order and shall
                                                                                                         include the Federal Chief Sustainability Officer referenced in section 6 of
                                                                                                         this order and agency Chief Sustainability Officers designated under sections
                                                                                                         7 and 8 of this order;
                                                                                                           (b) in coordination with the Director of OMB review and approve agency-
                                                                                                         wide scope 1 and 2 and scope 3 greenhouse gas emissions reduction targets
                                                                                                         developed under section 2 of this order;
                                                                                                           (c) in coordination with the Director of OMB, prepare streamlined reporting
                                                                                                         metrics to determine each agency’s progress under sections 2 and 3 of
                                                                                                         this order;
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                                                                                                           (d) review and evaluate each agency’s Plan prepared under section 14
                                                                                                         of this order;
                                                                                                            (e) within 45 days of the date of this order and thereafter as necessary,
                                                                                                         after consultation with the Director of OMB, issue implementing instructions
                                                                                                         or other guidance to direct agency implementation of this order, other than
                                                                                                         instructions within the authority of the Director of OMB to issue under
                                                                                                         section 5 of this order;


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                                                                       Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Presidential Documents                       15877

                                                                                                           (f) within 150 days of the date of this order, prepare and issue revised
                                                                                                         Guiding Principles for both new and existing Federal buildings including
                                                                                                         consideration of climate change resilience and employee and visitor wellness;
                                                                                                            (g) revise, as necessary and in coordination with the Director of OMB,
                                                                                                         existing CEQ guidance and implementing instructions on Sustainable Loca-
                                                                                                         tions for Federal Facilities of September 15, 2011, Sustainable Practices
                                                                                                         for Designed Landscapes of October 31, 2011, as supplemented on October
                                                                                                         22, 2014, Federal Greenhouse Gas Accounting and Reporting Guidance [Revi-
                                                                                                         sion 1] of June 4, 2012, and Federal Agency Implementation of Water Effi-
                                                                                                         ciency and Management Provisions of Executive Order 13514 of July 10,
                                                                                                         2013;
                                                                                                           (h) within 150 days of the date of this order, prepare and issue guidance
                                                                                                         to assist agencies in the implementation of section 13 of this order;
                                                                                                            (i) identify annually, based on total contract spending in the previous
                                                                                                         fiscal year as reported in the Federal Procurement Data System, the seven
                                                                                                         largest Federal procuring agencies responsible for implementation of section
                                                                                                         15(b) of this order;
                                                                                                            (j) administer a Presidential leadership award program to recognize excep-
                                                                                                         tional and outstanding performance and excellence in agency efforts to imple-
                                                                                                         ment this order; and
                                                                                                           (k) establish and disband, as appropriate, temporary interagency working
                                                                                                         groups to provide recommendations to the Chair of CEQ associated with
                                                                                                         the goals of this order, including: grid-based green power; data quality,
                                                                                                         collection, and reporting; greenhouse gas emissions associated with the trans-
                                                                                                         portation of Federal freight and cargo; sustainability considerations in resil-
                                                                                                         ience planning; agency supply chain climate vulnerability; recycled content
                                                                                                         paper; green infrastructure; and carbon uptake accounting and wood prod-
                                                                                                         ucts.
                                                                                                         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 OMB shall:
                                                                                                           (a) issue, after consultation with the Chair of CEQ, instructions to the
                                                                                                         heads of agencies concerning periodic performance evaluation of agency
                                                                                                         implementation of this order, including consideration of the results from
                                                                                                         section 4(c) of this order;
                                                                                                           (b) prepare scorecards providing periodic evaluation of Principal Agency
                                                                                                         performance in implementing this order and publish scorecard results on
                                                                                                         a publicly available Web site; and
                                                                                                            (c) review and approve each agency’s Plan prepared under section 14
                                                                                                         of this order.
                                                                                                         Sec. 6. Duties of the Federal Chief Sustainability Officer. Henceforth, the
                                                                                                         Federal Environmental Executive is reestablished as the Federal Chief Sus-
                                                                                                         tainability Officer and the Office of the Federal Environmental Executive
                                                                                                         is reestablished as the Office of the Chief Sustainability Officer, for which
                                                                                                         the Environmental Protection Agency shall provide funding and administra-
                                                                                                         tive support and that shall be maintained at CEQ. In implementing the
                                                                                                         policy set forth in section 1 of this order, the Federal Chief Sustainability
                                                                                                         Officer shall:
                                                                                                            (a) monitor progress and advise the Chair of CEQ on agency goals in
                                                                                                         sections 2 and 3 of this order;
                                                                                                           (b) chair, convene, and preside at quarterly meetings; determine the agenda;
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                                                                                                         and direct the work of the Steering Committee;
                                                                                                           (c) lead the development of programs and policies to assist agencies in
                                                                                                         implementing the goals of this order in coordination with DOE, EPA, the
                                                                                                         General Services Administration (GSA), and other agencies as appropriate;
                                                                                                           (d) coordinate and provide direction to relevant existing workgroups
                                                                                                         through quarterly meetings to ensure that opportunities for improvement
                                                                                                         in implementation of this order are identified and addressed; and


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                                                     15878             Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Presidential Documents

                                                                                                           (e) advise the Chair of CEQ on the implementation of this order.
                                                                                                         Sec. 7. Duties of Principal Agencies. To ensure successful implementation
                                                                                                         of the policy established in section 1 of this order, the head of each Principal
                                                                                                         Agency shall:
                                                                                                           (a) designate, within 45 days of the date of this order, an agency Chief
                                                                                                         Sustainability Officer, who shall be 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, and report such designation to the
                                                                                                         Director of OMB and the Chair of CEQ;
                                                                                                           (b) assign the designated official the authority to represent the agency
                                                                                                         on the Steering Committee established under section 4 of this order and
                                                                                                         perform such other duties relating to the implementation of this order within
                                                                                                         the agency as the head of the agency deems appropriate;
                                                                                                           (c) prepare and distribute internally, where appropriate, performance eval-
                                                                                                         uations of agency implementation of this order that reflect the contribution
                                                                                                         of agency services, components, bureaus, and operating divisions to the
                                                                                                         goals of this order;
                                                                                                           (d) ensure, as soon as practicable after the date of this order, that leases
                                                                                                         and contracts entered into after the date of this order for lessor or contractor
                                                                                                         operation of Government-owned buildings or vehicles facilitate the agency’s
                                                                                                         compliance with this order;
                                                                                                           (e) implement opportunities to improve agency fleet sustainability, includ-
                                                                                                         ing vehicle acquisitions as established in section 3(g) of this order, waiver
                                                                                                         authority, and fleet data management practices, by revising agency fleet
                                                                                                         management review and approval procedures to include the Chief Sustain-
                                                                                                         ability Officers designated under this section and section 8 of this order;
                                                                                                           (f) consider the development of policies to promote sustainable commuting
                                                                                                         and work-related travel practices for Federal employees that foster workplace
                                                                                                         vehicle charging, encourage telecommuting, teleconferencing, and reward
                                                                                                         carpooling and the use of public transportation, where consistent with agency
                                                                                                         authority and Federal appropriations law;
                                                                                                            (g) ensure regional agency actions consider and are consistent with, sustain-
                                                                                                         ability and climate preparedness priorities of States, local governments, and
                                                                                                         tribal communities where agency facilities are located;
                                                                                                           (h) foster outstanding performance and excellence in agency efforts to
                                                                                                         implement this order through opportunities such as agency leadership award
                                                                                                         programs;
                                                                                                           (i) continue implementation of formal Environmental Management Systems
                                                                                                         (EMS) where those systems have proven effective and deploy new EMSs
                                                                                                         where appropriate; and
                                                                                                           (j) notwithstanding the limitations on implementation in section 17 of
                                                                                                         this order, apply, where feasible and appropriate, the strategies and plans
                                                                                                         to achieve the goals of this order in whole or in part with respect to
                                                                                                         fueling, operation, and management of tactical or emergency vehicles and
                                                                                                         to the activities and facilities of the agency that are not located within
                                                                                                         the United States.
                                                                                                         Sec. 8. Duties of Contributing Agencies. Within 45 days of the date of
                                                                                                         this order, to ensure successful implementation of the policy established
                                                                                                         in section 1 of this order, the head of each contributing agency shall designate
                                                                                                         an agency Chief Sustainability Officer, who shall be a senior civilian officer
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                                                                                                         of the United States, compensated annually in an amount at or above the
                                                                                                         amount payable at level IV of the Executive Schedule, and report such
                                                                                                         designation to the Director of OMB and the Chair of CEQ.
                                                                                                         Sec. 9. Duties of the Agency Chief Sustainability Officers. The Chief Sustain-
                                                                                                         ability Officers designated under sections 7 and 8 of this order shall be
                                                                                                         responsible for:
                                                                                                           (a) ensuring agency policies, plans, and strategies implemented to achieve
                                                                                                         the goals of this order consider the role of agency regional facilities and


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                                                                       Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Presidential Documents                       15879

                                                                                                         personnel and are integrated into agency permitting and environmental re-
                                                                                                         view policies, programs, and planning;
                                                                                                           (b) developing and implementing an agency-wide strategic process that
                                                                                                         coordinates appropriate agency functions and programs to ensure that those
                                                                                                         functions and programs consider and address the goals of this order;
                                                                                                           (c) reporting annually to the Chair of CEQ and Director of OMB a com-
                                                                                                         prehensive inventory of progress towards the greenhouse gas emissions goals
                                                                                                         established in section 2 of this order;
                                                                                                           (d) representing the agency on the Steering Committee;
                                                                                                            (e) convening quarterly meetings of agency bureaus, commands, or oper-
                                                                                                         ating divisions that are responsible for the implementation of strategies
                                                                                                         necessary to meet the goals of this order;
                                                                                                           (f) representing the agency in any requests to the Chair of CEQ and
                                                                                                         Director of OMB to amend or normalize a baseline for goals established
                                                                                                         in this order due to change of greater than 5 percent as a result of agency
                                                                                                         space consolidation, a change in mission tempo, or improved data quality;
                                                                                                           (g) providing plans, including the Plan prepared under section 14 of
                                                                                                         this order, reports, information, and assistance necessary to implement this
                                                                                                         order, to the Director of OMB, the Chair of CEQ, and the Federal Chief
                                                                                                         Sustainability Officer; and
                                                                                                            (h) performing such other duties relating to the implementation of this
                                                                                                         order as the head of the agency deems appropriate.
                                                                                                         Sec. 10. Regional Coordination. Within 180 days of the date of this order,
                                                                                                         each EPA and GSA Regional office shall in coordination with Federal Execu-
                                                                                                         tive Boards established by the Presidential Memorandum of November 10,
                                                                                                         1961 (The Need for Greater Coordination of Regional and Field Activities
                                                                                                         of the Government), DOD and other agencies as appropriate, convene regional
                                                                                                         interagency workgroups to identify and address:
                                                                                                            (a) sustainable operations of Federal fleet vehicles, including identification
                                                                                                         and implementation of opportunities to use and share fueling infrastructure
                                                                                                         and logistical resources to support the adoption and use of alternative fuel
                                                                                                         vehicles, including E–85 compatible vehicles, zero emission and plug-in
                                                                                                         hybrid vehicles, and compressed natural gas powered vehicles;
                                                                                                           (b) water resource management and drought response opportunities;
                                                                                                           (c) climate change preparedness and resilience planning in coordination
                                                                                                         with State, local, and tribal communities; and
                                                                                                           (d) opportunities for collective procurement of clean energy to satisfy
                                                                                                         energy demand for multiple agency buildings.
                                                                                                         Sec. 11. Employee Education and Training. Within 180 days of the date
                                                                                                         of this order, the Office of Personnel Management, in coordination with
                                                                                                         DOE, GSA, EPA, and other agencies as appropriate, shall:
                                                                                                           (a) consider the establishment of a dedicated Federal occupational series
                                                                                                         for sustainability professionals and relevant positions that directly impact
                                                                                                         the achievement of Federal sustainability goals and if appropriate, prepare
                                                                                                         and issue such occupational series; and
                                                                                                            (b) initiate the inclusion of environmental sustainability and climate pre-
                                                                                                         paredness and resilience into Federal leadership and educational programs
                                                                                                         in courses and training, delivered through electronic learning, in classroom
                                                                                                         settings, and residential centers, particularly developmental training for Sen-
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                                                                                                         ior Executive Service and GS–15 personnel.
                                                                                                         Sec. 12. Supporting the Federal Fleet. (a) GSA shall ensure that vehicles
                                                                                                         available to agencies for either lease or sale, at or below market cost, through
                                                                                                         its vehicle program include adequate variety and volume of alternative fuel
                                                                                                         vehicles, including zero emission and plug-in hybrid vehicles, to meet the
                                                                                                         fleet management goals of this order.
                                                                                                            (b) DOE shall assist the United States Postal Service (USPS) in evaluating
                                                                                                         the best alternative and advanced fuel technologies for the USPS fleet and


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                                                     15880             Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Presidential Documents

                                                                                                         report on such progress annually as part of the planning requirements of
                                                                                                         section 14 of this order.
                                                                                                         Sec. 13. Supporting Federal Facility Climate Preparedness and Resilience.
                                                                                                         The head of each agency shall, consistent with Executive Order 13653 of
                                                                                                         November 1, 2013, ensure that agency operations and facilities prepare for
                                                                                                         impacts of climate change as part of the planning requirements of section
                                                                                                         14 of this order and consistent with planning required under section 5
                                                                                                         of Executive Order 13653 by:
                                                                                                           (a) identifying and addressing projected impacts of climate change on
                                                                                                         mission critical water, energy, communication, and transportation demands
                                                                                                         and considering those climate impacts in operational preparedness planning
                                                                                                         for major agency facilities and operations; and
                                                                                                           (b) calculating the potential cost and risk to mission associated with
                                                                                                         agency operations that do not take into account the information collected
                                                                                                         in subsection (a) of this section and considering that cost in agency decision-
                                                                                                         making.
                                                                                                         Sec. 14. Agency Strategic Sustainability Performance Plan. Beginning in
                                                                                                         June 2015, and continuing through fiscal year 2025, the head of each Principal
                                                                                                         Agency shall develop, implement, and annually update an integrated Stra-
                                                                                                         tegic Sustainability Performance Plan (Plan) based on guidance prepared
                                                                                                         by the Chair of CEQ under section 4 of this order. Contributing agencies
                                                                                                         are encouraged to prepare a Plan but may limit content of the Plan to
                                                                                                         a summary of agency actions to meet the requirements of this order. Each
                                                                                                         Principal Agency Plan and update shall be provided to the Chair of CEQ
                                                                                                         and Director of OMB, shall be subject to approval by the Director under
                                                                                                         section 5 of this order, and shall be made publicly available on an agency
                                                                                                         Web site once approved.
                                                                                                         Sec. 15. Supply Chain Greenhouse Gas Management. In implementing the
                                                                                                         greenhouse gas management policies in section 1 of this order and to better
                                                                                                         understand and manage the implications of Federal supply chain greenhouse
                                                                                                         gas emissions:
                                                                                                           (a) the Chair of CEQ shall, within 30 days of the date of this order
                                                                                                         and annually thereafter, identify and publicly release an inventory of major
                                                                                                         Federal suppliers using publicly available Federal procurement information,
                                                                                                         including information as to whether the supplier has accounted for and
                                                                                                         publicly disclosed, during the previous calendar year, annual scope 1 and
                                                                                                         2 greenhouse gas emission data and publicly disclosed a greenhouse gas
                                                                                                         emission reductions target (or targets) for 2015 or beyond; and
                                                                                                           (b) the seven largest Federal procuring agencies shall each submit for
                                                                                                         consideration, in conjunction with the planning requirements of section
                                                                                                         14 of this order, a plan to implement at least five new procurements annually
                                                                                                         in which the agency may include, as appropriate, contract requirements
                                                                                                         for vendors or evaluation criteria that consider contractor emissions and
                                                                                                         greenhouse gas emissions management practices. The plans submitted for
                                                                                                         consideration may include identification of evaluation criteria, performance
                                                                                                         period criteria, and contract clauses that will encourage suppliers to manage
                                                                                                         and reduce greenhouse gas emissions, and shall be implemented as soon
                                                                                                         as practicable after any relevant administrative requirements have been met.
                                                                                                         Sec. 16. Revocations and Conforming Provisions. (a) Pursuant to section
                                                                                                         742(b) of Public Law 111–117, I have determined that this order will achieve
                                                                                                         equal or better environmental or energy efficiency results than Executive
                                                                                                         Order 13423. Therefore, Executive Order 13423 of January 24, 2007, is
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                                                                                                         revoked.
                                                                                                           (b) Executive Order 13514 of October 5, 2009; Presidential Memorandum
                                                                                                         of December 2, 2011 (Implementation of Energy Savings Projects and Perform-
                                                                                                         ance-Based Contracting for Energy Savings); section 1 of Presidential Memo-
                                                                                                         randum of February 21, 2012 (Driving Innovation and Creating Jobs in Rural
                                                                                                         America through Biobased and Sustainable Product Procurement); and Presi-
                                                                                                         dential Memorandum of December 5, 2013 (Federal Leadership on Energy
                                                                                                         Management), are revoked.


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                                                                       Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Presidential Documents                       15881

                                                                                                            (c) Presidential Memorandum of May 24, 2011 (Federal Fleet Performance),
                                                                                                         is revoked as of October 1, 2015.
                                                                                                           (d) 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’’.
                                                                                                           (e) Section 2(d) of Executive Order 13432 of May 14, 2007, is amended
                                                                                                         to read as follows: ‘‘‘greenhouse gases’ means carbon dioxide, methane,
                                                                                                         nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen triflouride, and
                                                                                                         sulfur hexafluoride;’’.
                                                                                                           (f) Section 5 of Executive Order 13653 of November 1, 2013, is amended
                                                                                                         by striking ‘‘Executive Order 13514’’ and inserting in lieu thereof ‘‘other
                                                                                                         Executive Orders’’.
                                                                                                            (g) Section 1 of Executive Order 13677 of September 23, 2014, is amended
                                                                                                         by striking ‘‘Executive Order 13514 of October 5, 2009 (Federal Leadership
                                                                                                         in Environmental, Energy, and Economic Performance), and Executive Order
                                                                                                         13653 of November 1, 2013 (Preparing the United States for the Impacts
                                                                                                         of Climate Change),’’ and inserting in lieu thereof ‘‘Several Executive Orders
                                                                                                         have’’.
                                                                                                         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
                                                                                                         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 to the extent the Director determines necessary to protect intel-
                                                                                                         ligence 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 provi-
                                                                                                         sions of this order other than this subsection to the extent the head of
                                                                                                         an agency determines necessary to protect undercover operations from unau-
                                                                                                         thorized disclosure.
                                                                                                           (c) The head of an agency may exempt law enforcement, protective, emer-
                                                                                                         gency response, or military tactical vehicle fleets of that agency from the
                                                                                                         provisions of this order other than this subsection. Heads of agencies shall
                                                                                                         manage fleets to which this paragraph 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 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 Chair of CEQ
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                                                                                                         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
                                                                                                         Chair of CEQ, 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:


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                                                     15882             Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Presidential Documents

                                                                                                           (a) ‘‘absolute greenhouse gas emissions’’ means total greenhouse gas emis-
                                                                                                         sions 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 energy’’ means energy generated from technologies and
                                                                                                         approaches that advance renewable heat sources, including biomass, solar
                                                                                                         thermal, geothermal, waste heat, and renewable combined heat and power
                                                                                                         processes; combined heat and power; small modular nuclear reactor tech-
                                                                                                         nologies; fuel cell energy systems; and energy generation, where active cap-
                                                                                                         ture and storage of carbon dioxide emissions associated with that energy
                                                                                                         generation is verified;
                                                                                                           (d) ‘‘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 vehicles, hybrid electric vehicles, plug-in hybrid electric
                                                                                                         vehicles, dedicated alternative fuel vehicles, dual fueled alternative fuel
                                                                                                         vehicles, qualified fuel cell motor vehicles, advanced lean burn technology
                                                                                                         motor vehicles, low greenhouse gas vehicles, compressed natural gas powered
                                                                                                         vehicles, self-propelled vehicles such as bicycles, and any other alternative
                                                                                                         fuel vehicles that are defined by statute;
                                                                                                           (e) ‘‘clean energy’’ means renewable electric energy and alternative energy;
                                                                                                           (f) ‘‘climate resilient design’’ means to design assets to prepare for, with-
                                                                                                         stand, respond to, or quickly recover from disruptions due to severe weather
                                                                                                         events and climate change for the intended life of the asset;
                                                                                                            (g) ‘‘construction and demolition materials and debris’’ means waste mate-
                                                                                                         rials and debris generated during construction, renovation, demolition, or
                                                                                                         dismantling of all structures and buildings and associated infrastructure;
                                                                                                           (h) ‘‘Contributing Agencies’’ are defined as executive agencies that are
                                                                                                         not subject to the Chief Financial Officers Act and include Federal Boards,
                                                                                                         Commissions, and Committees;
                                                                                                           (i) ‘‘divert’’ or ‘‘diverting’’ means redirecting materials from disposal in
                                                                                                         landfills or incinerators to recycling or recovery, excluding diversion to
                                                                                                         waste-to-energy facilities;
                                                                                                           (j) ‘‘environmentally preferable’’ means products or services that have
                                                                                                         a lesser or reduced effect on human health and the environment when
                                                                                                         compared with competing products or services that serve the same purpose.
                                                                                                         This comparison may consider raw materials acquisition, production, manu-
                                                                                                         facturing, packaging, distribution, reuse, use, operation, maintenance, or dis-
                                                                                                         posal related to the product or service;
                                                                                                            (k) ‘‘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 combat support, combat service support, tactical
                                                                                                         or relief operations, or training for such operations or spaceflight vehicles
                                                                                                         (including associated ground-support equipment);
                                                                                                            (l) ‘‘Federal facility’’ means any building or collection of buildings,
                                                                                                         grounds, or structures, as well as any fixture or part thereof, which is
                                                                                                         owned by the United States or any Federal agency or that is held by
                                                                                                         the United States or any Federal agency under a lease-acquisition agreement
                                                                                                         under which the United States or a Federal agency will receive fee simple
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                                                                                                         title under the terms of such agreement without further negotiation;
                                                                                                           (m) ‘‘greenhouse gases’’ means carbon dioxide, methane, nitrous oxide,
                                                                                                         hydrofluorocarbons, perfluorocarbons, nitrogen triflouride, and sulfur
                                                                                                         hexafluoride;
                                                                                                           (n) ‘‘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);


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                                                                       Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Presidential Documents                       15883

                                                                                                            (o) ‘‘net-zero energy building’’ means a building that is designed, con-
                                                                                                         structed, or renovated and operated such that the actual annual source
                                                                                                         energy consumption is balanced by on-site renewable energy;
                                                                                                            (p) ‘‘net-zero water building’’ means a building that is designed, con-
                                                                                                         structed, or renovated and operated to greatly reduce total water consump-
                                                                                                         tion, use non-potable sources as much as possible, and recycle and reuse
                                                                                                         water in order to return the equivalent amount of water as was withdrawn
                                                                                                         from all sources, including municipal supply, without compromising ground-
                                                                                                         water and surface water quantity or quality;
                                                                                                           (q) ‘‘net-zero waste building’’ means a building that is operated to reduce,
                                                                                                         reuse, recycle, compost, or recover solid waste streams (with the exception
                                                                                                         of hazardous and medical waste) thereby resulting in zero waste disposal;
                                                                                                           (r) ‘‘passenger vehicle’’ means a sedan or station wagon designed primarily
                                                                                                         to transport people as defined in 102–34.35 of the Federal Management
                                                                                                         Regulation;
                                                                                                           (s) ‘‘power usage effectiveness’’ means the ratio obtained by dividing the
                                                                                                         total amount of electricity and other power consumed in running a data
                                                                                                         center by the power consumed by the information and communications
                                                                                                         technology in the data center;
                                                                                                           (t) ‘‘Principal Agencies’’ mean agencies subject to the Chief Financial
                                                                                                         Officers Act and agencies subject to the OMB Scorecard process under
                                                                                                         section 5(b) of this order;
                                                                                                           (u) ‘‘renewable energy certificate’’ means the technology and environmental
                                                                                                         (non-energy) attributes that represent proof that 1 megawatt-hour (MWh)
                                                                                                         of electricity was generated from an eligible renewable energy resource,
                                                                                                         that can be sold separately from the underlying generic electricity with
                                                                                                         which they are associated, and that, for the purposes of section 3(d)(iii)
                                                                                                         and (iv) of this order, were produced by sources of renewable energy placed
                                                                                                         into service within 10 years prior to the start of the fiscal year;
                                                                                                           (v) ‘‘renewable electric energy’’ means energy produced by solar, wind,
                                                                                                         biomass, landfill gas, ocean (including tidal, wave, current, and thermal),
                                                                                                         geothermal, geothermal heat pumps, microturbines, municipal solid waste,
                                                                                                         or new hydroelectric generation capacity achieved from increased efficiency
                                                                                                         or additions of new capacity at an existing hydroelectric project;
                                                                                                           (w) ‘‘resilience’’ means the ability to anticipate, prepare for, and adapt
                                                                                                         to changing conditions and withstand, respond to, and recover rapidly from
                                                                                                         disruptions;
                                                                                                           (x) ‘‘scope 1, 2, and 3’’ mean:
                                                                                                           (i) scope 1: direct greenhouse gas emissions from sources that are owned
                                                                                                           or controlled by the agency;
                                                                                                           (ii) scope 2: direct greenhouse gas emissions resulting from the generation
                                                                                                           of electricity, heat, or steam purchased by an agency;
                                                                                                           (iii) scope 3: greenhouse gas emissions from sources not owned or directly
                                                                                                           controlled by an agency but related to agency activities such as vendor
                                                                                                           supply chains, delivery and transportation services, and employee travel
                                                                                                           and commuting;
                                                                                                           (y) ‘‘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;
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                                                                                                           (z) ‘‘water balance’’ means a comparison of the water supplied to a defined
                                                                                                         system to the water consumed by that system in order to identify the
                                                                                                         proportion of water consumed for specific end-uses and ensure potential
                                                                                                         water leaks in the system are addressed; and
                                                                                                           (aa) ‘‘zero emission vehicle’’ means a vehicle that produces zero exhaust
                                                                                                         emissions of any criteria pollutant (or precursor pollutant) or greenhouse
                                                                                                         gas under any possible operational modes or conditions.


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                                                     15884             Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Presidential Documents

                                                                                                         Sec. 20. General Provisions. (a) Nothing in this order shall be construed
                                                                                                         to impair or otherwise affect:
                                                                                                           (i) the authority granted by law to an executive department, agency, or
                                                                                                           the head thereof; or
                                                                                                           (ii) the functions of the Director of OMB relating to budgetary, administra-
                                                                                                           tive, or legislative proposals.
                                                                                                           (b) This order shall be implemented in a manner consistent with applicable
                                                                                                         law and subject to the availability of appropriations.
                                                                                                           (c) This order 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.




                                                                                                         THE WHITE HOUSE,
                                                                                                         March 19, 2015.


                                                     [FR Doc. 2015–07016
                                                     Filed 3–24–15; 11:15 am]
                                                     Billing code 3295–F5
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Document Created: 2018-02-21 09:49:11
Document Modified: 2018-02-21 09:49:11
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionPresidential Documents
FR Citation80 FR 15871 

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