Att_B_Executive_Order_13423.pdf

70 Jan. 24 / Administration of George W. Bush, 2007

Executive Order 13423— Strengthening Federal Environmental, Energy, and Transportation Management January 24, 2007

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the environmental, energy, and transpor-tation management of Federal agencies, it is hereby ordered as follows:

Section 1. Policy. It is the policy of the United States that Federal agencies conduct their environmental, transportation, and en-ergy-related activities under the law in sup-port of their respective missions in an envi-ronmentally, economically and fiscally sound, integrated, continuously improving, efficient, and sustainable manner.

Sec. 2. Goals for Agencies. In imple-menting the policy set forth in section 1 of this order, the head of each agency shall:

(a) improve energy efficiency and reduce greenhouse gas emissions of the agency, through reduction of energy intensity by (i) 3 percent annually through the end of fiscal year 2015, or (ii) 30 percent by the end of fiscal year 2015, relative to the baseline of the agency’s energy use in fiscal year 2003;

(b) ensure that (i) at least half of the statu-torily required renewable energy consumed by the agency in a fiscal year comes from new renewable sources, and (ii) to the extent feasible, the agency implements renewable energy generation projects on agency prop-erty for agency use;

(c) beginning in FY 2008, reduce water consumption intensity, relative to the base-line of the agency’s water consumption in fis-cal year 2007, through life-cycle cost-effec-tive measures by 2 percent annually through the end of fiscal year 2015 or 16 percent by the end of fiscal year 2015;

(d) require in agency acquisitions of goods and services (i) use of sustainable environ-mental practices, including acquisition of biobased, environmentally preferable, en-ergy-efficient, water-efficient, and recycled-content products, and (ii) use of paper of at least 30 percent post-consumer fiber content;

(e) ensure that the agency (i) reduces the quantity of toxic and hazardous chemicals and materials acquired, used, or disposed of by the agency, (ii) increases diversion of solid waste as appropriate, and (iii) maintains cost-effective waste prevention and recycling pro-grams in its facilities;

(f) ensure that (i) new construction and major renovation of agency buildings comply with the Guiding Principles for Federal Leadership in High Performance and Sus-tainable Buildings set forth in the Federal Leadership in High Performance and Sus-tainable Buildings Memorandum of Under-standing (2006), and (ii) 15 percent of the existing Federal capital asset building inven-tory of the agency as of the end of fiscal year 2015 incorporates the sustainable practices in the Guiding Principles;

(g) ensure that, if the agency operates a fleet of at least 20 motor vehicles, the agency, relative to agency baselines for fiscal year 2005, (i) reduces the fleet’s total consump-tion of petroleum products by 2 percent an-nually through the end of fiscal year 2015,

(ii) increases the total fuel consumption that is non-petroleum-based by 10 percent annu-ally, and (iii) uses plug-in hybrid (PIH) vehi-cles when PIH vehicles are commercially available at a cost reasonably comparable, on the basis of life-cycle cost, to non-PIH vehi-cles; and

(h) ensure that the agency (i) when acquir-ing an electronic product to meet its require-ments, meets at least 95 percent of those re-quirements with an Electronic Product Envi-ronmental Assessment Tool (EPEAT)-reg-istered electronic product, unless there is no EPEAT standard for such product, (ii) en-ables the Energy Star feature on agency com-puters and monitors, (iii) establishes and im-plements policies to extend the useful life of agency electronic equipment, and (iv) uses environmentally sound practices with respect to disposition of agency electronic equipment that has reached the end of its useful life.

Sec. 3. Duties of Heads of Agencies. In implementing the policy set forth in section 1 of this order, the head of each agency shall:

(a) implement within the agency sustain-able practices for (i) energy efficiency, green-house gas emissions avoidance or reduction, and petroleum products use reduction, (ii) renewable energy, including bioenergy, (iii)

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71 Administration of George W. Bush, 2007 / Jan. 24 water conservation, (iv) acquisition, (v) pollu-tion and waste prevention and recycling, (vi) reduction or elimination of acquisition and use of toxic or hazardous chemicals, (vii) high performance construction, lease, operation, and maintenance of buildings, (viii) vehicle fleet management, and (ix) electronic equip-ment management;

(b) implement within the agency environ-mental management systems (EMS) at all ap-propriate organizational levels to ensure (i) use of EMS as the primary management ap-proach for addressing environmental aspects of internal agency operations and activities, including environmental aspects of energy and transportation functions, (ii) establish-ment of agency objectives and targets to en-sure implementation of this order, and (iii) collection, analysis, and reporting of informa-tion to measure performance in the imple-mentation of this order;

(c) establish within the agency programs for (i) environmental management training,

(ii) environmental compliance review and audit, and (iii) leadership awards to recognize outstanding environmental, energy, or trans-portation management performance in the agency;

(d) within 30 days after the date of this order (i) designate a senior civilian officer of the United States, compensated annually in an amount at or above the amount payable at level IV of the Executive Schedule, to be responsible for implementation of this order within the agency, (ii) report such designa-tion to the Director of the Office of Manage-ment and Budget and the Chairman of the Council on Environmental Quality, and (iii) assign the designated official the authority and duty to (A) monitor and report to the head of the agency on agency activities to carry out subsections (a) and (b) of this sec-tion, and (B) perform such other duties relat-ing to the implementation of this order with-in the agency as the head of the agency deems appropriate;

(e) ensure that contracts entered into after the date of this order for contractor operation of government-owned facilities or vehicles require the contractor to comply with the provisions of this order with respect to such facilities or vehicles to the same extent as the agency would be required to comply if the agency operated the facilities or vehicles;

(f) ensure that agreements, permits, leases, licenses, or other legally-binding obligations between the agency and a tenant or conces-sionaire entered into after the date of this order require, to the extent the head of the agency determines appropriate, that the ten-ant or concessionaire take actions relating to matters within the scope of the contract that facilitate the agency’s compliance with this order;

(g) provide reports on agency implementa-tion of this order to the Chairman of the Council on such schedule and in such format as the Chairman of the Council may require;

and

(h) provide information and assistance to the Director of the Office of Management and Budget, the Chairman of the Council, and the Federal Environmental Executive.

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

(a) (i) shall establish a Steering Committee on Strengthening Federal Environmental, Energy, and Transportation Management to advise the Director of the Office of Manage-ment and Budget and the Chairman of the Council on the performance of their func-tions under this order that shall consist exclu-sively of (A) the Federal Environmental Ex-ecutive, who shall chair, convene and preside at meetings of, determine the agenda of, and direct the work of, the Steering Committee, and (B) the senior officials designated under section 3(d)(i) of this order, and (ii) may es-tablish subcommittees of the Steering Com-mittee, to assist the Steering Committee in developing the advice of the Steering Com-mittee on particular subjects;

(b) may, after consultation with the Direc-tor of the Office of Management and Budget and the Steering Committee, issue instruc-tions to implement this order, other than in-structions within the authority of the Direc-tor to issue under section 5 of this order;

and

(c) shall administer a presidential leader-ship award program to recognize exceptional and outstanding environmental, energy, or

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72 Jan. 24 / Administration of George W. Bush, 2007 transportation management performance and excellence in agency efforts to imple-ment this order.

Sec. 5. Duties of the Director of the Office of Management and Budget. In imple-menting the policy set forth in section 1 of this order, the Director of the Office of Man-agement and Budget shall, after consultation with the Chairman of the Council and the Steering Committee, issue instructions to the heads of agencies concerning:

(a) periodic evaluation of agency imple-mentation of this order;

(b) budget and appropriations matters re-lating to implementation of this order;

(c) implementation of section 2(d) of this order; and

(d) amendments of the Federal Acquisi-tion Regulation as necessary to implement this order.

Sec. 6. Duties of the Federal Environ-mental Executive. A Federal Environmental Executive designated by the President shall head the Office of the Federal Environ-mental Executive, which shall be maintained in the Environmental Protection Agency for funding and administrative purposes. In im-plementing the policy set forth in section 1 of this order, the Federal Environmental Ex-ecutive shall:

(a) monitor, and advise the Chairman of the Council on, performance by agencies of functions assigned by sections 2 and 3 of this order;

(b) submit a report to the President, through the Chairman of the Council, not less often than once every 2 years, on the activities of agencies to implement this order;

and

(c) advise the Chairman of the Council on the Chairman’s exercise of authority granted by subsection 4(c) of this order.

Sec. 7. Limitations. (a) This order shall apply to an agency with respect to the activi-ties, 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, re-sources, and facilities of the agency that are not located within the United States, if the head of the agency determines that such ap-plication is in the interest of the United States.

(b) The head of an agency shall manage activities, personnel, resources, and facilities of the agency that are not located within the United States, and with respect to which the head of the agency has not made a deter-mination 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 prac-ticable.

Sec. 8. Exemption Authority. (a) The Di-rector of National Intelligence may exempt an intelligence activity of the United States, and related personnel, resources, and facili-ties, from the provisions of this order, other than this subsection and section 10, to the extent the Director determines necessary to protect intelligence sources and methods from unauthorized disclosure.

(b) The head of an agency may exempt law enforcement activities of that agency, and related personnel, resources, and facilities, from the provisions of this order, other than this subsection and section 10, to the extent the head of an agency determines necessary to protect undercover operations from unau-thorized disclosure.

(c) (i) The head of an agency may exempt law enforcement, protective, emergency re-sponse, or military tactical vehicle fleets of that agency from the provisions of this order, other than this subsection and section 10.

(ii) Heads of agencies shall manage fleets to which paragraph (i) of this subsection re-fers in a manner consistent with the policy set forth in section 1 of this order to the ex-tent they determine practicable.

(d) The head of an agency may submit to the President, through the Chairman of the Council, a request for an exemption of an agency activity, and related personnel, re-sources, and facilities, from this order.

Sec. 9. Definitions. As used in this order:

(a) ‘‘agency’’ means an executive agency as defined in section 105 of title 5, United States Code, excluding the Government Ac-countability Office;

(b) ‘‘Chairman of the Council’’ means the Chairman of the Council on Environmental Quality, including in the Chairman’s capacity

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73 Administration of George W. Bush, 2007 / Jan. 24 as Director of the Office of Environmental Quality;

(c) ‘‘Council’’ means the Council on Envi-ronmental Quality;

(d) ‘‘environmental’’ means environmental aspects of internal agency operations and ac-tivities, including those environmental as-pects related to energy and transportation functions;

(e) ‘‘greenhouse gases’’ means carbon diox-ide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride;

(f) ‘‘life-cycle cost-effective’’ means the life-cycle costs of a product, project, or meas-ure are estimated to be equal to or less than the base case (i.e., current or standard prac-tice or product);

(g) ‘‘new renewable sources’’ means sources of renewable energy placed into serv-ice after January 1, 1999;

(h) ‘‘renewable energy’’ means energy pro-duced by solar, wind, biomass, landfill gas, ocean (including tidal, wave, current and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or addi-tions of new capacity at an existing hydro-electric project;

(i) ‘‘energy intensity’’ means energy con-sumption per square foot of building space, including industrial or laboratory facilities;

(j) ‘‘Steering Committee’’ means the Steer-ing Committee on Strengthening Federal Environmental, Energy, and Transportation Management established under subsection 4(b) of this order;

(k) ‘‘sustainable’’ means to create and maintain conditions, under which humans and nature can exist in productive harmony, that permit fulfilling the social, economic, and other requirements of present and future generations of Americans; and

(l) ‘‘United States’’ when used in a geo-graphical sense, means the fifty states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the North-ern Mariana Islands, and associated terri-torial waters and airspace.

Sec. 10. General Provisions. (a) This order shall be implemented in a manner consistent with applicable law and subject to the avail-ability of appropriations.

(b) Nothing in this order shall be con-strued to impair or otherwise affect the func-tions of the Director of the Office of Man-agement and Budget relating to budget, ad-ministrative, or legislative proposals.

(c) This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its de-partments, agencies, instrumentalities, enti-ties, officers, employees or agents, or any other person.

Sec. 11. Revocations; Conforming Provi-sions. (a) The following are revoked:

(i) Executive Order 13101 of September 14, 1998;

(ii) Executive Order 13123 of June 3, 1999;

(iii) Executive Order 13134 of August 12, 1999, as amended;

(iv) Executive Order 13148 of April 21, 2000; and

(v) Executive Order 13149 of April 21, 2000.

(b) In light of subsection 317(e) of the Na-tional Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107), not later than January 1 of each year through and in-cluding 2010, the Secretary of Defense shall submit to the Senate and the House of Rep-resentatives a report regarding progress made toward achieving the energy efficiency goals of the Department of Defense.

(c) Section 3(b)(vi) of Executive Order 13327 of February 4, 2004, is amended by striking ‘‘Executive Order 13148 of April 21, 2000’’ and inserting in lieu thereof ‘‘other ex-ecutive orders’’.

George W. Bush

The White House, January 24, 2007.

[Filed with the Office of the Federal Register, 8:50 a.m., January 25, 2007]

NOTE: This Executive order was published in the Federal Register on January 26.

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74 Jan. 24 / Administration of George W. Bush, 2007

Remarks Prior to a Meeting With the Joint Chiefs of Staff and Combatant Commanders January 24, 2007

It’s my pleasure to welcome Secretary Gates, the Joint Chiefs, and the combatant commanders to the White House. First of all, it’s an honor to be in the presence of such fine citizens, men who are doing their duty to protect this country. And we have no more solemn duty than to protect Amer-ica in this war against extremists and radicals.

I’m looking forward to our discussion about the theaters in which you are rep-resenting America. I’m looking forward to discussion about the new way forward in Iraq. I thank you for your service.

I also call upon the Senate to move quickly to confirm Lieutenant General Petraeus as the commander of the Multi-National Forces—Iraq, Admiral Fallon as the com-mander of Central Command, and General Casey as the Army Chief of Staff. It is impor-tant to get these three fine individuals in their posts as soon as possible so that we have continuity as we do our duty to protect the American people.

We’ll have a good, wide-ranging discussion here, and then Laura and I have the high privilege of welcoming you and your spouses to dinner tonight. Welcome, and thank you for coming.

NOTE: The President spoke at 5:06 p.m. in the Cabinet Room at the White House. In his re-marks, he referred to Secretary of Defense Robert M. Gates; Lt. Gen. David H. Petraeus, USA, com-manding general, U.S. Army Combined Arms Center and Fort Leavenworth; and Gen. George W. Casey, Jr., USA, commanding general, Multi- National Force—Iraq.

Remarks in a Discussion on Health Care in Lee’s Summit, Missouri January 25, 2007

The President. Rich, thank you very much for inviting us here to Saint Luke’s. We had a fascinating tour of your facility. It is safe to say that Saint Luke’s hospital—the Saint Luke’s Health System understands the power of technology to help compassionate doctors and nurses better do their job. And tech-nology is a—we saw, like, unbelievably inter-esting medical programs, programs that en-able doctors to better analyze disease and deal with disease before it becomes acute, which is important.

The reason why I emphasize the informa-tion technology aspects of this hospital is that part of the role of Government is to encour-age people to make decisions to help hold the cost of health care down. And when a hospital modernizes, when you go from files to electronics, it helps hold the cost of health care down.

One of the interesting things about medi-cine is that medicine tends to have lagged behind the rest of our economy when it comes to information technology. And yet under Rich’s leadership, this facility and its sister facilities are doing some really inter-esting reforms we’ll talk about a little bit.

I want to thank George Pagels, who is the CEO of this facility. George, thank you. He’s a doctor and gave us the tour—met a lot of really fine nurses and docs, by the way. I appreciate Senator Bond joining us. Thanks for coming—and of course, our Secretary of Health and Human Services, who will say something here in a minute.

I want to talk a little bit about a com-prehensive strategy to make health care avail-able and affordable. There is no question in my mind that a proper role for the Federal Government is to help the poor and the el-derly and the diseased get health care. We’ll do that. And to the extent that these impor-tant programs need to be reformed and strengthened, we will do that as well. Witness what we did with Medicare. Medicare was old and stagnant; it needed to be reformed.

We reformed it through a generous prescrip-tion drug benefit that has actually worked;

it’s helped our seniors. And so we will do our duty at the Federal level, and when we find deficiencies in Federal programs, we will work to correct them, for the good of the citizens and the taxpayers.

The second aspect of our responsibility is to work to make health care available and affordable for all our citizens, and the best way to do that is through private health insur-ance. Therein lies part of the debate we have in Washington. We believe the private sector

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