Federal Leadership on Energy Management, 75209-75213 [2013-29669]

Download as PDF Federal Register / Vol. 78, No. 237 / Tuesday, December 10. 2013 / Presidential Documents 75209 Presidential Documents Memorandum of December 5, 2013 Federal Leadership on Energy Management Memorandum for the Heads of Executive Departments and Agencies In order to create a clean energy economy that will increase our Nation’s prosperity, promote energy security, combat climate change, protect the interests of taxpayers, and safeguard the health of our environment, the Federal Government must lead by example. During my Administration, Federal agencies have reduced their annual greenhouse gas emissions by more than 15 percent (7.8 million metric tons)—the equivalent of removing 1.5 million cars from the road. Today I am establishing new goals for renewable energy as well as new energy-management practices. Agencies are already well on their way towards meeting the aggressive sustainability goals set forth in Executive Order 13514 of October 5, 2009 (Federal Leadership in Environmental, Energy, and Economic Performance). This memorandum establishes a new target for Federal use of renewable energy that challenges agencies to more than double their renewable electricity consumption. In order to improve their ability to manage energy consumption, promote the reduction of greenhouse gas emissions, and achieve the sustainability goals set forth in Executive Order 13514, this memorandum also directs agencies to update their building-performance and energy-management practices, by encouraging the use of the consensusbased, industry-standard Green Button data access system (Green Button) and the Environmental Protection Agency’s (EPA) Energy Star Portfolio Manager. To help agencies achieve my Administration’s climate change goals and increase development of new renewable energy sources, I hereby direct the following: Section 1. Renewable Energy Target. (a) By fiscal year 2020, to the extent economically feasible and technically practicable, 20 percent of the total amount of electric energy consumed by each agency during any fiscal year shall be renewable energy. (b) Agencies shall seek to achieve the renewable energy consumption target set forth in subsection (a) of this section by, where possible, taking the following actions, which are listed in order of priority: (i) installing agency-funded renewable energy on-site at Federal facilities and retain renewable energy certificates; (ii) contracting for energy that includes the installation of a renewable energy project on-site at a Federal facility or off-site from a Federal facility and the retention of renewable energy certificates for the term of the contract; emcdonald on DSK67QTVN1PROD with NOTICES2 (iii) purchasing electricity and corresponding renewable energy certificates; and (iv) purchasing renewable energy certificates. (c) Agencies shall ensure that 100 percent of renewable energy certificates identified in subsection (b)(iii) and (b)(iv) of this section are produced by new renewable sources as defined in section 5(c) of this memorandum. (d) Agencies shall consider opportunities, to the extent economically feasible and technically practical, to install or contract for energy installed on current or formerly contaminated lands, landfills, and mine sites. VerDate Mar<15>2010 22:43 Dec 09, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\10DEO0.SGM 10DEO0 75210 Federal Register / Vol. 78, No. 237 / Tuesday, December 10. 2013 / Presidential Documents Sec. 2. Accounting for Renewable Energy. (a) For the purposes of the renewable energy consumption target in section 1(a) of this memorandum, agency progress shall be determined by reference to the ownership of renewable energy certificates for electric energy consumed. (b) The percentage of renewable energy counted towards the target in section 1 of this memorandum shall be doubled if the renewable energy conforms with section 203(c)(1) through (3) of the Energy Policy Act of 2005 (42 U.S.C. 15852(c)(1)–(3)). (c) In order to achieve the target set forth in section 1(a) of this memorandum, each agency shall ensure that the percentage of the total amount of electric energy consumed by that agency that is renewable energy is: (i) not less than 10 percent in fiscal year 2015; (ii) not less than 15 percent in fiscal years 2016 and 2017; (iii) not less than 17.5 percent in fiscal years 2018 and 2019; and (iv) not less than 20 percent in fiscal year 2020 and each fiscal year thereafter. (d) For the purposes of accounting for the generation of renewable energy not included in section 1(b) of this memorandum, such as thermal and hydrokinetic renewable energy and renewable energy generated on a Federal facility or Federal land, the renewable energy and its estimated contribution to meeting greenhouse gas emission reduction goals set forth in section 2(a)(ii) of Executive Order 13514 shall be reported in MWh and be measured against reported total electricity consumption. (e) In preparing Strategic Sustainability Performance Plans required under section 8 of Executive Order 13514, agencies shall report on: (i) progress towards meeting the agency renewable energy targets established in section 1(a) of this memorandum; and (ii) the actions taken pursuant to sections 1(b) and 2(d) of this memorandum. (f) Within 180 days of the date of this memorandum, the Department of Energy will issue an update to its Renewable Energy Requirement Guidance for EPACT 2005 and Executive Order 13423 to address the new requirements created by this memorandum. Sec. 3. Building Performance and Energy Management. (a) To encourage continuous improvement and better manage building performance, enhance energy efficiency, and reduce energy waste in an open and transparent way, each agency shall: (i) install building energy meters and sub-meters as required by section 543(e) of the National Energy Conservation Policy Act (NECPA) (42 U.S.C. 8253(e)), and continue installation of additional building energy meters and sub-meters where cost-effective and appropriate; (ii) install water meters at agency buildings where cost-effective and appropriate; emcdonald on DSK67QTVN1PROD with NOTICES2 (iii) ensure that for any agency buildings metered for energy and water performance, the associated monthly performance data is entered into the EPA Energy Star Portfolio Manager to better manage energy performance and allow for benchmarking; (iv) publicly disclose annual benchmark energy performance data through the Department of Energy web-based tracking system established under section 543(f)(7)(B) of NECPA (42 U.S.C. 8253(f)(7)(B)); (v) where feasible, incorporate Green Button into reporting, data analytics and automation, and processes, in consultation with local utilities; and (vi) consider participating in demand response programs where available. (b) To facilitate agency management of energy usage information in Green Button: VerDate Mar<15>2010 22:43 Dec 09, 2013 Jkt 232001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\10DEO0.SGM 10DEO0 Federal Register / Vol. 78, No. 237 / Tuesday, December 10. 2013 / Presidential Documents 75211 (i) within 120 days of the date of this memorandum, the General Services Administration (GSA), in coordination with the Department of Energy (DOE) and EPA, shall prepare and initiate a strategy to pilot Green Button at Federal facilities where feasible; (ii) within 180 days of initiation of the Green Button pilot strategy described in paragraph (i) of this subsection, DOE, through the Federal Energy Management Program (FEMP), in coordination with EPA, shall issue guidance on the use of the Green Button at Federal facilities; and (iii) as soon as practicable, but no later than 1 year after the date of this memorandum, EPA shall update Energy Star Portfolio Manager to facilitate the inclusion of building energy usage data using Green Button and in conformance with the guidance prepared pursuant to paragraph (ii) of this subsection. (c) To support agency metering and benchmarking, and to promote disclosure of agency building energy usage, within 180 days of the date of this memorandum, DOE, through FEMP, shall: (i) revise and update the Metering Best Practices of August 2011, which shall include definitions for the terms ‘‘cost effective’’ and ‘‘appropriate’’ and shall address leased space so that, where submetering allows, energy and water consumption data will be reported; and (ii) in coordination with EPA, revise and update the Building Energy Use Benchmarking Guidance of April 15, 2010, including necessary revisions to benchmark building performance data fields and disclosure policies. Sec. 4. Applicability of Renewable Energy Certificates to Federal Target. Within 120 days of the date of this memorandum, DOE, through FEMP, and in coordination with the EPA, the Department of Defense, the Department of Veterans Affairs, GSA, and other agencies as appropriate, shall provide recommendations to the Chair of the Council on Environmental Quality on procurement, reporting, and accounting procedures related to agency use of renewable energy certificates in meeting the target in section 1(a) of this memorandum, including procedures and policies on: (a) appropriate certification and tracking of renewable energy certificates; and (b) sale and purchase of renewable energy certificates, including the exchange of project-related renewable energy certificates and interagency and interdepartmental purchase and transfer of renewable energy certificates. Sec. 5. Definitions. As used in this memorandum: (a) ‘‘Agency’’ means an executive agency as defined in section 105 of title 5, United States Code, excluding the Government Accountability Office. (b) ‘‘New renewable sources’’ means sources of renewable energy placed into service within 10 years prior to the start of the fiscal year. (c) ‘‘Renewable energy’’ has the same meaning as in Executive Order 13514. emcdonald on DSK67QTVN1PROD with NOTICES2 (d) ‘‘Renewable energy certificates’’ 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, and can be sold separately from the underlying generic electricity with which it is associated. (e) ‘‘Green Button data access system’’ or ‘‘Green Button’’ means the system developed by the North American Energy Standards Board for providing web-based secure access to energy bill account information, energy usage information, and energy consumption and usage data to customers of utilities and energy providers for the purposes of business management and energy usage management. (f) ‘‘Hydrokinetic renewable energy’’ means renewable energy from free flowing water in rivers, lakes, and streams or free flowing water in man- VerDate Mar<15>2010 22:43 Dec 09, 2013 Jkt 232001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\10DEO0.SGM 10DEO0 75212 Federal Register / Vol. 78, No. 237 / Tuesday, December 10. 2013 / Presidential Documents made channels and does not include energy from any source that uses a dam, diversionary structure, or impoundment for electric power purposes. (g) ‘‘Thermal renewable energy’’ means energy generated from renewable heat sources, including biomass, solar thermal, geothermal, waste heat, and combined heat and power processes. (h) ‘‘Energy or water metering’’ means energy or water consumption recording for the purposes of billing by a utility company or energy or water management at an installation, campus, or building level, which conforms with established accuracy standards and uses utility-grade meters. (i) ‘‘Sub-metering’’ means the application of metering technology to provide for capturing data at the level necessary to facilitate energy or water management at different buildings in a multi-building campus, different floors of the same building, different tenants in a multi-tenant office facility, individual building systems (e.g. heating and cooling, lighting, plug loads), electrical circuits, or specific devices. Sec. 6. Limitations. (a) This memorandum 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 memorandum shall apply in whole or in part with respect to the activities, personnel, resources, and facilities of the agency that are not located within the United States, if the head of the agency determines that such application is in the interest of the United States. (b) The head of an agency shall manage activities, personnel, resources, and facilities of the agency that are not located within the United States, and with respect to which the head of the agency has not made a determination under subsection (a) of this section, in a manner consistent with this memorandum to the extent the head of the agency determines practicable. Sec. 7. 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 memorandum, other than this subsection and section 8, 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 memorandum, other than this subsection and section 8, to the extent the head of any agency determines necessary to protect undercover operations from unauthorized disclosure. emcdonald on DSK67QTVN1PROD with NOTICES2 (c) The head of an agency may exempt particular agency activities and facilities from the provisions of this memorandum, other than this subsection and section 8, where it is in the interest of national security. If the head of any agency issues an exemption under this subsection, the agency must notify the Chair of the Council on Environmental Quality in writing within 30 days of the issuance of the exemption. To the maximum extent practicable, and without compromising national security, each agency shall strive to comply with the purpose, goals, and implementation steps in this memorandum. (d) The head of any agency may submit to the President, through the Chair of the Council on Environmental Quality, a request for an exemption of any agency activity, and related personnel, resources, and facilities, from this memorandum. Sec. 8. General Provisions. (a) This memorandum shall be implemented consistent with Executive Order 13514 and other applicable law, including international trade obligations, and subject to the availability of appropriations. (b) Nothing in this memorandum shall be construed to impair or otherwise affect: VerDate Mar<15>2010 22:43 Dec 09, 2013 Jkt 232001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\10DEO0.SGM 10DEO0 Federal Register / Vol. 78, No. 237 / Tuesday, December 10. 2013 / Presidential Documents 75213 (i) the authority granted by law to a department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (c) Nothing in this memorandum shall be construed to require the disclosure of classified information, law enforcement sensitive information, or other information that must be protected in the interest of national security or public safety. (d) This memorandum 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. (e) The Chair of the Council on Environmental Quality is hereby authorized and directed to publish this memorandum in the Federal Register. THE WHITE HOUSE, Washington, December 5, 2013 [FR Doc. 2013–29669 Filed 12–9–13; 11:15 am] VerDate Mar<15>2010 22:43 Dec 09, 2013 Jkt 232001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\10DEO0.SGM 10DEO0 OB#1.EPS</GPH> emcdonald on DSK67QTVN1PROD with NOTICES2 Billing code 3125–WO

Agencies

[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Presidential Documents]
[Pages 75209-75213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29669]




                        Presidential Documents 



Federal Register / Vol. 78 , No. 237 / Tuesday, December 10. 2013 / 
Presidential Documents

[[Page 75209]]


                Memorandum of December 5, 2013

                
 Federal Leadership on Energy Management

                Memorandum for the Heads of Executive Departments and 
                Agencies

                In order to create a clean energy economy that will 
                increase our Nation's prosperity, promote energy 
                security, combat climate change, protect the interests 
                of taxpayers, and safeguard the health of our 
                environment, the Federal Government must lead by 
                example. During my Administration, Federal agencies 
                have reduced their annual greenhouse gas emissions by 
                more than 15 percent (7.8 million metric tons)--the 
                equivalent of removing 1.5 million cars from the road. 
                Today I am establishing new goals for renewable energy 
                as well as new energy-management practices.

                Agencies are already well on their way towards meeting 
                the aggressive sustainability goals set forth in 
                Executive Order 13514 of October 5, 2009 (Federal 
                Leadership in Environmental, Energy, and Economic 
                Performance). This memorandum establishes a new target 
                for Federal use of renewable energy that challenges 
                agencies to more than double their renewable 
                electricity consumption. In order to improve their 
                ability to manage energy consumption, promote the 
                reduction of greenhouse gas emissions, and achieve the 
                sustainability goals set forth in Executive Order 
                13514, this memorandum also directs agencies to update 
                their building-performance and energy-management 
                practices, by encouraging the use of the consensus-
                based, industry-standard Green Button data access 
                system (Green Button) and the Environmental Protection 
                Agency's (EPA) Energy Star Portfolio Manager.

                To help agencies achieve my Administration's climate 
                change goals and increase development of new renewable 
                energy sources, I hereby direct the following:

                Section 1. Renewable Energy Target. (a) By fiscal year 
                2020, to the extent economically feasible and 
                technically practicable, 20 percent of the total amount 
                of electric energy consumed by each agency during any 
                fiscal year shall be renewable energy.

                    (b) Agencies shall seek to achieve the renewable 
                energy consumption target set forth in subsection (a) 
                of this section by, where possible, taking the 
                following actions, which are listed in order of 
                priority:

  (i) installing agency-funded renewable energy on-site at Federal 
facilities and retain renewable energy certificates;

  (ii) contracting for energy that includes the installation of a renewable 
energy project on-site at a Federal facility or off-site from a Federal 
facility and the retention of renewable energy certificates for the term of 
the contract;

  (iii) purchasing electricity and corresponding renewable energy 
certificates; and

  (iv) purchasing renewable energy certificates.

                    (c) Agencies shall ensure that 100 percent of 
                renewable energy certificates identified in subsection 
                (b)(iii) and (b)(iv) of this section are produced by 
                new renewable sources as defined in section 5(c) of 
                this memorandum.
                    (d) Agencies shall consider opportunities, to the 
                extent economically feasible and technically practical, 
                to install or contract for energy installed on current 
                or formerly contaminated lands, landfills, and mine 
                sites.

[[Page 75210]]

                    Sec. 2. Accounting for Renewable Energy. (a) For 
                the purposes of the renewable energy consumption target 
                in section 1(a) of this memorandum, agency progress 
                shall be determined by reference to the ownership of 
                renewable energy certificates for electric energy 
                consumed.
                    (b) The percentage of renewable energy counted 
                towards the target in section 1 of this memorandum 
                shall be doubled if the renewable energy conforms with 
                section 203(c)(1) through (3) of the Energy Policy Act 
                of 2005 (42 U.S.C. 15852(c)(1)-(3)).
                    (c) In order to achieve the target set forth in 
                section 1(a) of this memorandum, each agency shall 
                ensure that the percentage of the total amount of 
                electric energy consumed by that agency that is 
                renewable energy is:

  (i) not less than 10 percent in fiscal year 2015;

  (ii) not less than 15 percent in fiscal years 2016 and 2017;

  (iii) not less than 17.5 percent in fiscal years 2018 and 2019; and

                    (iv) not less than 20 percent in fiscal year 2020 
                and each fiscal year thereafter.
                    (d) For the purposes of accounting for the 
                generation of renewable energy not included in section 
                1(b) of this memorandum, such as thermal and 
                hydrokinetic renewable energy and renewable energy 
                generated on a Federal facility or Federal land, the 
                renewable energy and its estimated contribution to 
                meeting greenhouse gas emission reduction goals set 
                forth in section 2(a)(ii) of Executive Order 13514 
                shall be reported in MWh and be measured against 
                reported total electricity consumption.
                    (e) In preparing Strategic Sustainability 
                Performance Plans required under section 8 of Executive 
                Order 13514, agencies shall report on:

  (i) progress towards meeting the agency renewable energy targets 
established in section 1(a) of this memorandum; and

  (ii) the actions taken pursuant to sections 1(b) and 2(d) of this 
memorandum.

                    (f) Within 180 days of the date of this memorandum, 
                the Department of Energy will issue an update to its 
                Renewable Energy Requirement Guidance for EPACT 2005 
                and Executive Order 13423 to address the new 
                requirements created by this memorandum.
                    Sec. 3. Building Performance and Energy Management. 
                (a) To encourage continuous improvement and better 
                manage building performance, enhance energy efficiency, 
                and reduce energy waste in an open and transparent way, 
                each agency shall:

  (i) install building energy meters and sub-meters as required by section 
543(e) of the National Energy Conservation Policy Act (NECPA) (42 U.S.C. 
8253(e)), and continue installation of additional building energy meters 
and sub-meters where cost-effective and appropriate;

  (ii) install water meters at agency buildings where cost-effective and 
appropriate;

  (iii) ensure that for any agency buildings metered for energy and water 
performance, the associated monthly performance data is entered into the 
EPA Energy Star Portfolio Manager to better manage energy performance and 
allow for benchmarking;

  (iv) publicly disclose annual benchmark energy performance data through 
the Department of Energy web-based tracking system established under 
section 543(f)(7)(B) of NECPA (42 U.S.C. 8253(f)(7)(B));

  (v) where feasible, incorporate Green Button into reporting, data 
analytics and automation, and processes, in consultation with local 
utilities; and

  (vi) consider participating in demand response programs where available.

                    (b) To facilitate agency management of energy usage 
                information in Green Button:

[[Page 75211]]

  (i) within 120 days of the date of this memorandum, the General Services 
Administration (GSA), in coordination with the Department of Energy (DOE) 
and EPA, shall prepare and initiate a strategy to pilot Green Button at 
Federal facilities where feasible;

  (ii) within 180 days of initiation of the Green Button pilot strategy 
described in paragraph (i) of this subsection, DOE, through the Federal 
Energy Management Program (FEMP), in coordination with EPA, shall issue 
guidance on the use of the Green Button at Federal facilities; and

  (iii) as soon as practicable, but no later than 1 year after the date of 
this memorandum, EPA shall update Energy Star Portfolio Manager to 
facilitate the inclusion of building energy usage data using Green Button 
and in conformance with the guidance prepared pursuant to paragraph (ii) of 
this subsection.

                    (c) To support agency metering and benchmarking, 
                and to promote disclosure of agency building energy 
                usage, within 180 days of the date of this memorandum, 
                DOE, through FEMP, shall:

  (i) revise and update the Metering Best Practices of August 2011, which 
shall include definitions for the terms ``cost effective'' and 
``appropriate'' and shall address leased space so that, where submetering 
allows, energy and water consumption data will be reported; and

  (ii) in coordination with EPA, revise and update the Building Energy Use 
Benchmarking Guidance of April 15, 2010, including necessary revisions to 
benchmark building performance data fields and disclosure policies.

                    Sec. 4. Applicability of Renewable Energy 
                Certificates to Federal Target. Within 120 days of the 
                date of this memorandum, DOE, through FEMP, and in 
                coordination with the EPA, the Department of Defense, 
                the Department of Veterans Affairs, GSA, and other 
                agencies as appropriate, shall provide recommendations 
                to the Chair of the Council on Environmental Quality on 
                procurement, reporting, and accounting procedures 
                related to agency use of renewable energy certificates 
                in meeting the target in section 1(a) of this 
                memorandum, including procedures and policies on:
                    (a) appropriate certification and tracking of 
                renewable energy certificates; and
                    (b) sale and purchase of renewable energy 
                certificates, including the exchange of project-related 
                renewable energy certificates and interagency and 
                interdepartmental purchase and transfer of renewable 
                energy certificates.
                    Sec. 5. Definitions. As used in this memorandum:
                    (a) ``Agency'' means an executive agency as defined 
                in section 105 of title 5, United States Code, 
                excluding the Government Accountability Office.
                    (b) ``New renewable sources'' means sources of 
                renewable energy placed into service within 10 years 
                prior to the start of the fiscal year.
                    (c) ``Renewable energy'' has the same meaning as in 
                Executive Order 13514.
                    (d) ``Renewable energy certificates'' 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, and can be sold separately from the 
                underlying generic electricity with which it is 
                associated.
                    (e) ``Green Button data access system'' or ``Green 
                Button'' means the system developed by the North 
                American Energy Standards Board for providing web-based 
                secure access to energy bill account information, 
                energy usage information, and energy consumption and 
                usage data to customers of utilities and energy 
                providers for the purposes of business management and 
                energy usage management.
                    (f) ``Hydrokinetic renewable energy'' means 
                renewable energy from free flowing water in rivers, 
                lakes, and streams or free flowing water in man-

[[Page 75212]]

                made channels and does not include energy from any 
                source that uses a dam, diversionary structure, or 
                impoundment for electric power purposes.
                    (g) ``Thermal renewable energy'' means energy 
                generated from renewable heat sources, including 
                biomass, solar thermal, geothermal, waste heat, and 
                combined heat and power processes.
                    (h) ``Energy or water metering'' means energy or 
                water consumption recording for the purposes of billing 
                by a utility company or energy or water management at 
                an installation, campus, or building level, which 
                conforms with established accuracy standards and uses 
                utility-grade meters.
                    (i) ``Sub-metering'' means the application of 
                metering technology to provide for capturing data at 
                the level necessary to facilitate energy or water 
                management at different buildings in a multi-building 
                campus, different floors of the same building, 
                different tenants in a multi-tenant office facility, 
                individual building systems (e.g. heating and cooling, 
                lighting, plug loads), electrical circuits, or specific 
                devices.
                    Sec. 6. Limitations. (a) This memorandum 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 memorandum shall apply in 
                whole or in part with respect to the activities, 
                personnel, resources, and facilities of the agency that 
                are not located within the United States, if the head 
                of the agency determines that such application is in 
                the interest of the United States.
                    (b) The head of an agency shall manage activities, 
                personnel, resources, and facilities of the agency that 
                are not located within the United States, and with 
                respect to which the head of the agency has not made a 
                determination under subsection (a) of this section, in 
                a manner consistent with this memorandum to the extent 
                the head of the agency determines practicable.
                    Sec. 7. 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 
                memorandum, other than this subsection and section 8, 
                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 memorandum, other than this 
                subsection and section 8, to the extent the head of any 
                agency determines necessary to protect undercover 
                operations from unauthorized disclosure.
                    (c) The head of an agency may exempt particular 
                agency activities and facilities from the provisions of 
                this memorandum, other than this subsection and section 
                8, where it is in the interest of national security. If 
                the head of any agency issues an exemption under this 
                subsection, the agency must notify the Chair of the 
                Council on Environmental Quality in writing within 30 
                days of the issuance of the exemption. To the maximum 
                extent practicable, and without compromising national 
                security, each agency shall strive to comply with the 
                purpose, goals, and implementation steps in this 
                memorandum.
                    (d) The head of any agency may submit to the 
                President, through the Chair of the Council on 
                Environmental Quality, a request for an exemption of 
                any agency activity, and related personnel, resources, 
                and facilities, from this memorandum.
                    Sec. 8. General Provisions. (a) This memorandum 
                shall be implemented consistent with Executive Order 
                13514 and other applicable law, including international 
                trade obligations, and subject to the availability of 
                appropriations.
                    (b) Nothing in this memorandum shall be construed 
                to impair or otherwise affect:

[[Page 75213]]

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

  (ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (c) Nothing in this memorandum shall be construed 
                to require the disclosure of classified information, 
                law enforcement sensitive information, or other 
                information that must be protected in the interest of 
                national security or public safety.
                    (d) This memorandum 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.
                    (e) The Chair of the Council on Environmental 
                Quality is hereby authorized and directed to publish 
                this memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, December 5, 2013

[FR Doc. 2013-29669
Filed 12-9-13; 11:15 am]
Billing code 3125-WO